Utah Probate Without a Will (Intestacy)

When someone dies without a will in Utah, the estate is distributed according to the state's Intestacy statutes §75-2-102. These default rules determine who inherits, in what proportions, and who has priority to serve as Administrator.

If there is a surviving spouse

• Spouse inherits the entire estate if no surviving descendants, or if all descendants are also descendants of the surviving spouse
• Spouse receives entire estate (no descendant-based reduction applies) if the deceased has surviving parents but no children
• Spouse receives entire estate if there are surviving children who are also children of the surviving spouse
• Spouse receives first $75,000 plus one-half of the balance if there are surviving children who are not children of the surviving spouse

If there is no surviving spouse

• Descendants take per capita at each generation
• If no descendants: parents inherit equally
• If no parents: siblings (and their descendants) share equally
• Grandparents or their descendants, split by paternal and maternal sides

Without a will naming an Executor, the court appoints an administrator. Utah law establishes a priority order: surviving spouse, then next of kin, then the largest creditor, or another suitable person at the judge's discretion.

• No ability to choose who receives specific items or property
• No ability to name who should serve as Personal representative
• No ability to disinherit a statutory heir (intestacy follows a fixed formula)
• No ability to designate a guardian for minor children
• Distribution may not reflect the deceased person's actual wishes