Disclaimer

This is general information only and not legal advice. Laws change and facts matter. If you need legal help, consult a Utah probate or estate attorney. For statutes and official forms, see the Utah Legislature and Utah Courts links below.

Detailed answer — what to expect and what to do now

1. Immediate practical rights and tasks

• Next-of-kin and funeral arrangements: Spouses typically have priority to direct burial or cremation decisions and to arrange the funeral. If a family member is trying to exclude you, assert your role immediately with the funeral home and, if necessary, seek court help.
• Obtain certified death certificates: You will need multiple certified copies for banks, insurers, and government benefits. Request them from the funeral home or the county vital records office.
• Preserve assets and records: Locate bank and retirement accounts, deeds, titles, life insurance policies, and safe-deposit boxes. Do not allow family members to transfer or liquidate assets without court authorization.

2. Short-term legal protections in Utah

Utah law provides some immediate protections for a surviving spouse even before a full distribution of the estate:

• Homestead allowance and exempt property: Utah law authorizes a homestead or other exemptions to give the surviving spouse protected property for living needs during probate. These allowances help prevent immediate disinheritance of basic assets.
• Family allowance: Courts can order a reasonable allowance to support the surviving spouse (and minor children) during administration of the estate.
• Priority to be personal representative: As the surviving spouse you generally have priority to be appointed as the personal representative (called an executor or administrator in some places). If others act without court authority, you can ask the probate court to remove them and appoint you.

For the statutory framework that controls probate, intestate succession, exemptions, and allowances in Utah, see Utah Code Title 75 (Probate Code): https://le.utah.gov/xcode/Title75/75.html

3. How intestate succession usually works in Utah

When a person dies without a will, Utah’s probate rules determine who inherits. Important principles:

• If the decedent has no surviving descendants (children, grandchildren) or parents, the surviving spouse often inherits the entire intestate estate.
• If the decedent has descendants and they all are also descendants of the surviving spouse (for example, children the couple had together), the surviving spouse commonly inherits the entire estate.
• If the decedent has descendants who are not descendants of the surviving spouse (for example, children from a prior relationship), the spouse’s share may be smaller and will be divided between the spouse and those other descendants according to Utah intestacy rules.

Because intestacy shares and priority rules are set by statute, see Utah Code Title 75 for the detailed rules governing who inherits and how the estate is divided: https://le.utah.gov/xcode/Title75/75.html

4. If the decedent’s family is excluding you from decision making

• Do not ignore attempts by others to take control of assets. If family members are changing locks, taking property, or transferring accounts, you can ask the probate court for emergency relief and an order to preserve assets.
• File a petition for appointment as personal representative (administrator). As spouse, you have priority. The court can stop wrongful transfers once it has appointed a representative or issued protective orders.
• If someone else was improperly appointed or is acting outside their authority, you can petition the court to remove or replace that person.
• If you reasonably fear threats or harassment to obtain property, document the incidents and raise them with the court and, if necessary, law enforcement.

5. Practical steps to protect your rights

1. Collect paperwork: marriage certificate, spouse’s death certificate, ID, account statements, deeds, titles, insurance policies, and any trust documents.
2. Contact the funeral home and obtain multiple certified death certificates.
3. Contact the probate court in the county where the deceased lived and ask about filing a petition for administration (probate). Utah Courts provides guides and forms at: https://www.utcourts.gov/howto/
4. If someone is removing assets, consider filing an emergency petition asking the court to freeze estate assets and to appoint you (or another suitable person) as the personal representative.
5. Consider hiring a probate/estate attorney—especially if family conflict is escalating or assets are significant. If you cannot afford one, check the Utah State Bar for referrals or local legal aid resources.

6. Timelines and costs

Probate timelines vary by complexity and court backlog. Small estates or uncontested appointments can be resolved in a few months; contested matters can take much longer. There are filing fees and possible attorney fees; the estate typically pays administration costs, but disputes can create significant delay and expense.

Helpful hints

• Act quickly. The sooner you assert your rights with the probate court, the easier it is to stop wrongful transfers.
• Document everything. Keep copies of communications, photos of property, lists of people who accessed accounts, and dates/times of events.
• Get several certified copies of the death certificate early; many institutions require originals.
• Ask the bank to freeze accounts until the court appoints a personal representative if you suspect improper activity.
• Don’t sign any documents (especially deeds, account changes, or releases) until you understand the effect on your rights and the estate’s administration.
• Use Utah Courts resources and forms: https://www.utcourts.gov/howto/ — they provide step-by-step help for probate and small estates.
• Consider mediation if family members will negotiate. Courts often prefer disputes resolved without full litigation, which can save time and money.
• If you cannot afford a private attorney, contact the Utah State Bar’s Lawyer Referral Service or legal aid programs for low-cost help.

Where to look in Utah law and for help

• Utah Code — Title 75 (Probate): https://le.utah.gov/xcode/Title75/75.html
• Utah Courts — probate and estate how-to pages and forms: https://www.utcourts.gov/howto/
• Utah State Bar — lawyer referral and resources: https://members.utahbar.org/ (search for lawyer referral)