Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
When a person dies without a valid will in Utah (intestate) and leaves no surviving spouse but three children, Utah’s intestate succession statutes dictate who inherits the estate. The process generally follows these steps:
- Appointment of a Personal Representative: A family member or interested party files a petition with the probate court to be appointed as the personal representative. See Utah Code § 75-3-301 for the appointment process.
- Inventory and Notice to Creditors: The personal representative compiles an inventory of the decedent’s assets and publishes notice to creditors under Utah Code § 75-3-801.
- Determining Heirs: Under Utah Code § 75-2-103, if there is no surviving spouse but there are surviving children (issue), the entire intestate estate passes to the children by representation. Utah Code § 75-2-103: https://le.utah.gov/xcode/Title75/Chapter2/75-2-103.html.
- Per Capita Distribution: Because all three children survive the decedent, they share the estate equally, each receiving one-third. If a child had predeceased, that child’s descendants would divide their parent’s share per stirpes.
- Closing the Estate: After claims are paid and assets distributed, the personal representative files a final accounting and petition for discharge under Utah Code § 75-3-1001.
Helpful Hints
- Gather certified copies of the death certificate and any financial statements early.
- File a petition for administration promptly to avoid delays.
- Notify all known creditors and post required public notices.
- Keep detailed records of all transactions made by the personal representative.
- Consult an attorney if disputes arise among heirs or creditors.