How Utah decides which children inherit when someone dies without a will

Short answer: Under Utah law, if a person dies intestate (without a valid will) and has no surviving spouse, their estate generally goes to their surviving children and to the descendants of any child who died before the decedent. When a deceased child has living descendants (for example, grandchildren of the decedent), those descendants step into that child’s share. Utah’s intestacy rules and rules of representation determine who takes and in what proportions. See Utah Code Title 75, Chapter 2 for the statutory rules: Utah Code, Intestate Succession.

Detailed answer — how the order of succession among children works in Utah

This section explains Utah’s intestate succession rules in plain language and with examples so you can understand how a decedent’s descendants share the estate when there is no will.

1. Basic rule: children (descendants) inherit if no surviving spouse

If the decedent leaves no spouse, Utah law gives the entire estate to the decedent’s descendants — that is, the children, and the children of any deceased child (grandchildren), and so on, down the family line. The statutory scheme that governs this is in the Utah Code on intestate succession. See for example Utah Code § 75-2-102 and related sections in Title 75, Chapter 2.

2. Representation (when a child predeceased the decedent)

When a child of the decedent died before the decedent but left surviving children (the decedent’s grandchildren), those grandchildren usually inherit the share their parent (the decedent’s child) would have received. This process is often called representation or “stepping into the shoes” of the predeceased child. Utah’s statutory rules set out how representation works and how shares are calculated. See the Utah intestacy provisions in Title 75, Chapter 2: Utah Code, Intestate Succession.

3. How shares are divided — common scenarios

Below are common scenarios showing how children and their descendants commonly share an estate when there is no spouse:

• All children survive the decedent: The estate is divided equally among the surviving children. Example: Decedent has three living children — A, B, and C. Each child receives one-third.
• One child predeceased, leaving children of their own: The predeceased child’s line (the grandchildren) inherit the share that child would have had, divided equally among them. Example: Decedent has two children, A (alive) and B (deceased). B left two children. The estate is split into two equal shares: A receives one-half; B’s two children share the other one-half (one-quarter each).
• Multiple predeceased children leaving descendants: Each deceased child’s line takes the share their parent would have had. Shares among lines are equal at the first generation of surviving descendants unless Utah’s statute specifies distribution by representation at each generation.

4. Important technical points

• Adopted children generally inherit the same as biological children. Stepchildren usually do not inherit by intestacy unless they were legally adopted.
• Children born after the decedent’s death can sometimes inherit if paternity is established under state law.
• Children born out of wedlock may inherit, but paternity must be established under Utah law to be an heir.
• Nonprobate transfers (for example, assets with beneficiary designations, joint tenancy property, or accounts with payable-on-death designations) pass outside intestacy and do not form part of the probate estate distributed under the intestacy rules.

Simple hypothetical examples

Example 1 — three surviving children: Decedent leaves three adult children and no spouse. The probate estate is divided into three equal shares — one share to each child.

Example 2 — one child predeceased with grandchildren: Decedent had two children, A (alive) and B (died before the decedent). B had two children. The estate divides into two equal shares: A gets one-half, and B’s two children split the other half (one-quarter each).

Example 3 — multiple generations with one surviving grandchild: Decedent’s child C died and left one surviving child (a grandchild of the decedent). Other children of the decedent are alive. The estate is divided equally among the surviving children and the line of C, with C’s single child receiving whatever share C would have had.

Where to read the law

Key provisions governing intestate succession are in Title 75, Chapter 2 of the Utah Code. For the statute text and details about representation and shares, see: Utah Code Title 75, Chapter 2 — Intestate Succession. For a specific section that discusses distribution when a decedent is survived by descendants, see Utah Code § 75-2-102. (These links point to the Utah Legislature’s official code website.)

Helpful Hints

• Gather documents: Locate the decedent’s death certificate, any estate planning documents, birth and adoption records, and records showing beneficiary designations. These will determine who is an heir and which assets pass by intestacy.
• Identify all descendants: Make a family tree listing children, grandchildren, and their current contact information.
• Check for a surviving spouse: If a spouse exists, different rules apply — the spouse may share the estate with the children under Utah law. See the statutes in Title 75, Chapter 2.
• Confirm legal parentage: If paternity, adoption, or posthumous birth issues exist, get documentation. Heirs may need to establish legal parentage to inherit.
• Consider nonprobate assets: Retirement accounts, life insurance, jointly owned property, and transfer-on-death accounts generally pass outside probate and will not be divided under intestacy rules.
• Probate filing: If the estate requires probate, start the process promptly. Utah has timelines and procedural rules for opening probate and notifying heirs and creditors.
• When in doubt, consult an attorney: Intestate succession can become complicated with blended families, adoption, stepchildren, and disputed paternity. An attorney who handles probate in Utah can review the facts and explain how the statutes apply.

Disclaimer: This article explains general Utah intestacy concepts only. It is not legal advice and does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Utah attorney.