What happens when a person dies without a will in Utah?
person who dies without leaving a will is considered to have died
“intestate.” Under Utah law, what happens to that person’s
is dictated by sections of the Utah probate code governing intestate
succession (Utah Code Ann. 75-2-102 et seq.).
Most often, the
“heirs” who are likely to inherit under intestate
succession will be the person’s spouse or children. The
has priority. However, if there is no living spouse, then the
estate passes to the children. If there are no surviving
children, then Utah law dictates that the estate would next pass to a
surviving parent. If no parent survives, then the estate
passes to surviving descendants of the decedent's parents (typically
of the decedent). If no descendant of a parent survives, then
estate passes to any surviving grandparent. If there is no
surviving grandparent, then the estate passes to any surviving
descendant of the grandparents. If none of the above
survive, then Utah law looks to descendants of the decedent's deceased
spouse who are not descendants of the decedent.
people will have identifiable heirs under Utah's system of intestate
succession. However, if no taker exists, then under Utah Code
Ann. 75-2-105, the intestate estate goes to the State for the benefit
of the state school fund.
To learn more about creating a will, trust, or
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With offices in Salt Lake and Davis Counties, we are pleased to provide legal services to clients throughout Utah.
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