How to Get Appointed Estate Administrator in Utah When Your Spouse Died Intestate

Detailed answer — how appointment works and what to do next

Utah law establishes who may be appointed personal representative and the priority among potential appointees. A surviving spouse normally has the first right to serve as personal representative of an intestate estate. See Utah Code § 75-3-201 for rules on priority of appointment: Utah Code § 75-3-201. Utah’s intestate succession rules govern who inherits when there is no will; those rules determine which relatives are heirs and how assets divide. See Utah Code Title 75, Chapter 2: Utah Code, Title 75, Chapter 2.

If your spouse died intestate and the family won’t cooperate, follow these core steps to seek court appointment:

1. Gather required documents and information.

   Prepare the decedent’s death certificate, your marriage certificate, the decedent’s asset list (bank accounts, real estate, titles), any creditor information, known heirs’ names and addresses, and any pre-existing estate documents (even if they are unsigned or incomplete).

2. File a petition for appointment in probate court.

   You or an attorney must file a Petition for Appointment of Personal Representative in the probate court of the county where the decedent lived. The petition asks the court to appoint you as the estate’s administrator. Local courts provide required forms and filing instructions at the Utah Courts website: Utah Courts — Probate & Estate How To.

3. Provide statutory notice to heirs and interested parties.

   After you file, Utah law requires notice to heirs and other interested persons. The court or clerk will explain how to serve notice. If family members refuse to accept or acknowledge notice, you must still attempt proper service (personal service, certified mail, or court-approved alternative). The court needs evidence of proper notice before it proceeds.

4. Ask the court to appoint you despite noncooperation.

   Even when relatives are uncooperative, the court can decide appointment based on statutory priority and the best interests of the estate. If you are the surviving spouse and there is no competing person with a higher or equal priority who has timely filed, the court typically will appoint you. If someone else files a competing petition, the court will hold a hearing and decide who should serve.

5. Request temporary or limited authority if urgent access is needed.

   If you need access to bank accounts, property, or safety measures (like pet care or funeral expense payment), the court can grant a temporary or limited appointment or order limited relief. Explain the urgency to the judge on your petition or at an ex parte hearing. The court balances the risk to estate assets against notice requirements.

6. Attend the hearing and present evidence.

   Bring your documents: marriage certificate, death certificate, asset list, and proof of notice attempts. Explain any uncooperative behavior by family members. If a family member objects, the judge will allow both sides to present evidence before choosing the administrator. The court’s decision will follow statute and evidence about the parties’ fitness to serve.

7. Follow the court’s probate orders and administrative duties.

   If appointed, you must accept letters of appointment, provide any required bond or ask the court to waive bond (spouses sometimes qualify for bond waiver or reduced bond), inventory estate assets, notify creditors, pay valid claims, and distribute assets according to Utah’s intestacy rules. Utah probate law contains the rules for inventories, notices, bonds, and accounting under Title 75. See the Utah Probate Code chapters at le.utah.gov — Title 75.

If a relative attempts to block or delay the process without proper legal basis — for example, by refusing to file a timely petition but also refusing to cooperate — the court can still resolve the appointment. Courts focus on procedural fairness and the statutory priority list rather than on voluntary family cooperation.

When family members claim a right to appointment

If a family member files a competing petition, the judge will review the statutory priority, the timing of filings, and any evidence about capacity or misconduct. Utah Code § 75-3-201 explains who has priority. If the contest concerns the validity of a marriage, parentage, or other factual question, the court may hold additional hearings or require documentation before deciding.

When to get lawyer help

Probate procedures can become complicated if heirs contest appointment, if assets are complex, or if third parties (banks, insurers) refuse access. An attorney can prepare the petition, manage contested hearings, and protect estate interests. If you cannot afford private counsel, Utah Courts and local legal aid organizations sometimes offer limited assistance or referrals.

Key statute links (for further reading):

• Utah Code § 75-3-201 — Priority for appointment of personal representative
• Utah Code Chapter 3 — General provisions on appointment and powers (probate administration)
• Utah Code Chapter 2 — Intestate succession
• Utah Courts — Probate How To and Forms

Practical outcome to expect: If you are the surviving spouse and you properly file the petition, notify heirs, and attend the hearing, Utah courts will generally appoint you as the personal representative unless another person with equal or higher statutory priority files and the court finds a reason to appoint that person instead.

Helpful hints

• Collect the death certificate and marriage certificate before filing. Courts want original or certified copies.
• Prepare an asset snapshot: bank names, account numbers, real property addresses, vehicle titles, insurance policies, and any safe-deposit box information.
• Use the Utah Courts probate forms and follow local court filing rules to avoid delays: https://www.utcourts.gov/howto/probate/.
• If family members refuse to sign simple items (like a renunciation of priority), the court can still proceed if you properly serve notice and show entitlement under statute.
• Request a temporary order if you need urgent access to pay funeral costs, secure property, or handle a bank account. Provide clear evidence of urgency.
• Keep careful records of all notices, calls, and attempts to communicate with relatives—bring those records to the hearing if needed.
• If relatives file a contest, respond quickly. Probate contests often have strict deadlines.
• Consider a limited scope engagement with an attorney if you only need help with initial paperwork or a contested hearing.
• Look for local legal aid clinics, law school clinics, or court self-help centers if cost is a concern. Utah Courts provide self-help resources online and at some courthouses.