Detailed Answer
If a person dies in Utah without a will (intestate), the probate court appoints a personal representative (often called an administrator) to manage the estate, pay debts, and distribute assets under state law. The county probate court where the decedent lived handles the appointment and the probate process. For general information about Utah probate procedures, see the Utah Courts probate overview: https://www.utcourts.gov/howto/probate/. For the Utah probate code, see Title 75 of the Utah Code: https://le.utah.gov/xcode/Title75/75.html.
Who can be appointed?
Utah gives priority to certain persons when appointing a personal representative. Typical priority goes to a surviving spouse, then to descendants, then parents, then siblings, and so on. If you are the decedent’s sibling and there is no surviving spouse, no surviving descendants (children, grandchildren), and no surviving parents, you may be eligible to be appointed. If multiple people in the same priority class apply (for example, several siblings), the court will consider who is best suited to serve. The court will also consider any objections raised by other interested persons.
Key steps to seek appointment
- Locate the correct probate court: File in the district (probate) court of the county where the decedent lived at death. Utah Courts site lists local filing information: https://www.utcourts.gov/howto/probate/.
- Prepare and file a petition for appointment: File a petition for appointment of a personal representative (sometimes called a petition for administration or petition for letters of administration). The petition identifies you as the proposed personal representative, states that the decedent died intestate, and lists the heirs and estimated assets.
- Provide a certified death certificate: The court will require a certified copy of the death certificate with the petition.
- Notice to interested parties: Utah law requires notice to heirs and creditors. The court clerk will instruct you on notices and publication requirements. Interested persons (heirs, creditors) typically have an opportunity to object to the appointment.
- Bond (security): Courts often require a bond to protect the estate. The court may waive or reduce bond if Utah law permits and if an interested party requests it or the court finds waiver appropriate. Ask the clerk about the local practice.
- Hearing and issuance of letters: After filing and giving required notice, the court will either set a hearing or rule on the petition. If the court appoints you, it will issue “letters of administration” (letters testamentary or letters of administration) that authorize you to act for the estate.
- Administer the estate: As administrator, you must inventory assets, notify creditors, pay valid debts and taxes, and distribute remaining assets to heirs according to Utah intestacy rules.
What the court will consider
The court evaluates whether the proposed administrator is a suitable person (able to perform duties, not disqualified by conflict or felony conviction, etc.). If multiple eligible persons apply, the court may appoint the person who will best protect estate interests. If someone objects, a contest may require a hearing.
Who inherits when there is no will
When you administer an intestate estate, you distribute assets according to Utah’s intestacy rules. Generally, a surviving spouse and descendants have priority; if none exist, the estate passes to parents, then siblings, and then more remote relatives. For the statutory rules on intestate succession, consult the Utah Code (Title 75) at: https://le.utah.gov/xcode/Title75/75.html. The court clerk or an attorney can point to the exact subsections that apply based on the family configuration.
Typical timeline and costs
Simple, uncontested appointments can take a few weeks to a few months, depending on the court’s schedule, notice periods, and whether publication is required. Probate filing fees, bond costs, and publication charges vary by county. If an estate is complex or contested, the process can take longer and produce higher costs.
When to consult an attorney
Consider getting legal help if the estate is large, contains real estate, includes business interests, has potential creditor claims, includes contested heirship, or if multiple people seek appointment. An attorney can prepare the petition, advise on bond and notice requirements, represent you at hearings, and guide distribution under the Utah Code.
Disclaimer: This information is educational only and not legal advice. Consult a licensed Utah attorney or the probate court for advice about a specific case.
Helpful Hints
- Gather documents before filing: certified death certificate, list of known assets and approximate values, bank/account statements, titles, and contact information for likely heirs.
- Call the local probate clerk’s office early to get the court’s required forms and filing fee information; counties may have different local rules.
- Prepare a short family tree showing spouses, children, parents, and siblings—this helps the court and speeds notice.
- If multiple siblings want to serve, try to reach an agreement on who will petition; courts prefer uncontested appointments but will decide if necessary.
- Ask whether a bond is required and whether you can request waiver; waivers commonly require agreement from interested heirs or court approval.
- Keep careful records and receipts as administrator—courts require accounting and documentation of estate transactions.
- Notify creditors promptly and follow state deadlines for creditor claims to avoid personal liability for missed claims.
- If you cannot serve or the court denies your petition, the court will consider the next eligible person in the statutory priority list.