Utah Estate Planning Attorney - Wills and Trusts

The following is provided for informational purposes only, and should not relied on as legal advice. You are strongly encouraged to contact a Utah estate planning attorney if you have questions regarding will, trusts, probate, or other legal matters. Contact us today to schedule a consultation with Utah attorney Stephen Howard. Based in Salt Lake City, Mr. Howard provides legal services to clients throughout Utah.

What is the spousal share under intestate succession in Utah?

When a person dies without a will, Utah law considers that person to have died "intestate." This means that the distribution of the person's property will be determined by statutes enacted by the state legislature, rather than according to what the person may have desired.

Under Utah's intestate succession laws, a surviving spouse is entitled to the deceased spouse's entire estate IF the deceased spouse had no descendants (children, grandchildren, etc.) or IF all of the deceased spouse's descendants are also descendants of the surviving spouse (in other words, the deceased spouse did not have any children from another relationship).

In the event that the deceased spouse had children, grandchildren, etc., from another relationship, then the surviving spouse is entitled to receive the first $75,000 plus 50% of the remaining balance of the deceased spouse's intestate estate.

Avoiding Intestate Succession in Utah

In order to ensure that your estate will be divided according to your wishes, rather than as the state legislature determines under intestate succession law, it is important to create a valid last will and testament. A living trust of family trust may play an important role in a personal estate plan. In many situations, the costs involved in creating a trust as part of an appropriate estate plan are more than made up by the money and time saved by avoiding probate.

Contact us now to arrange for an initial consultation with Utah estate planning attorney Stephen Howard.