Detailed Answer
Understanding the Family Allowance Claim
In Utah, a surviving spouse may claim a family allowance to cover living expenses during probate under Utah Code §75-2-202 (le.utah.gov/xcode/Title75/Chapter2/75-2-202.html). To qualify, you must prove you were legally married to the decedent at the time of death.
Proof of Marriage Requirement
Utah Code §75-2-101 (le.utah.gov/xcode/Title75/Chapter2/75-2-101.html) defines “spouse” as an individual legally married when the other dies. A certified marriage certificate typically satisfies this requirement. An incomplete or missing certificate can delay or jeopardize the allowance claim.
Missing Marriage Certificate
If you cannot locate the original certificate, request a certified copy from the county clerk’s office where the marriage was filed. If the clerk has no record, obtain a “no record found” affidavit. Then provide alternative evidence of marriage, such as:
- An affidavit from the officiant or witnesses who attended the ceremony.
- Joint tax returns filed during the marriage.
- Joint bank or mortgage statements in both names.
- Photographs or correspondence referring to the marriage.
Incomplete Certificate
If the certificate lacks essential details—such as the full legal names, date, or officiant’s signature—supplement it with secondary evidence. These may include hospital records from the wedding, sworn statements from guests, or an affidavit from the minister, judge, or justice of the peace who presided.
Consequences of Failure to Prove Marriage
If the court finds insufficient proof, it may deny the surviving spouse’s family allowance, homestead allowance, and allowance for exempt property. The estate would then distribute under Utah’s intestate succession rules in Utah Code §75-2-103 (le.utah.gov/xcode/Title75/Chapter2/75-2-103.html), which could shift assets away from you to other heirs.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Utah to discuss your specific circumstances.
Helpful Hints
- Contact the county clerk early to secure certified marriage records.
- Gather multiple forms of secondary evidence before filing your claim.
- Keep originals and certified copies of all documents in a safe place.
- Consult an attorney if the clerk’s office cannot locate your certificate.
- File your family allowance request promptly to avoid missed deadlines.