What Happens if You Die Without a Will in Utah?
If you die without a will in Utah, inheritance is based entirely on your marital status and family relationships, along with the value of any property and assets. Let's break those rules down below.
If You are Married with Children
- If all of your surviving descendants are also your spouse's, your spouse inherits your entire estate, even though you have children.
- If you have descendants who are not your spouse's, your spouse inherits the first $75,000 of your estate, plus 1/2 of the remaining balance. Your descendants inherit the rest.
If You are Married Without Children
Your spouse inherits your entire estate.
If You Don't Have a Spouse, but Have Children
Your children inherit all of your assets, divided equally.
If You Don't Have a Spouse or Children
Your parents inherit your estate. If neither parent survives, your siblings inherit next.
If No Living Relatives Can Be Found
Your property reverts to the state of Utah, though this is rare given how broadly the law searches for relatives first.
Other Things to Know about Dying Without a Will in Utah
- Utah protects a surviving spouse and minor children with a homestead allowance, an exempt property allowance, and a family allowance, all separate from the intestate shares above. These amounts are adjusted annually for inflation, so check current figures rather than relying on a fixed number.
- A child born or adopted after you signed a will (not relevant if you have no will, but a reminder that intestacy already treats all of your children equally) generally still receives a share.
- Stepchildren don't inherit under intestate succession unless legally adopted.
When Does an Estate Go Through Probate Without a Will
If you die without a will in Utah, your estate may still avoid full probate if the property is valued at $100,000 or less and doesn't include real estate, using a small estate affidavit. Separately, Utah also offers a streamlined 'summary administration' process for estates that have already entered probate, which can skip the creditor-notice period — but this still requires opening probate, unlike the small estate affidavit.
This article has more specifics about probate in Oklahoma.
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