What Happens If You Die Without a Will in Utah?
Thinking about estate planning isn't exactly exciting (unless you're me), but leaving it up to Utah's intestacy laws might not result in what you'd want for your family. If you die without a will, Utah law decides how your assets are distributed, who gets what, and--most importantly--who cares for your minor children.
Let's break down what happens under Utah's intestate succession laws (Utah Code § 75-2-101 et seq.) and why having a will can save your loved ones from unnecessary headaches.
Who Inherits Your Assets in Utah?
When someone passes away without a will, their estate is distributed based on Utah's intestacy laws. These laws follow a strict hierarchy:
If You're Married With No Kids -- Your spouse inherits everything.
If You're Married With Children (All from the Same Spouse) -- Your spouse still inherits everything (Utah Code § 75-2-102).
If You're Married With Children From Another Relationship -- Your spouse gets the first $100,000 plus one-third of the remainder, and the rest is divided among your children from the previous relationship (Utah Code § 75-2-102).
If You're Unmarried With Children -- Your estate is split equally among your children (Utah Code § 75-2-103).
If You're Unmarried Without Children -- Your estate is distributed in the following order:
Your parents (split equally if both are alive).
If no parents, your siblings inherit equally.
If no siblings, your grandparents (half to your mother's side, half to your father's side).
If no grandparents, aunts, uncles, and their children (your cousins) inherit.
If no close relatives can be found, your estate escheats to the State of Utah (Utah Code § 75-2-105).
Escheat is a fancy legal term, meaning your assets go to the state when no heirs can be found. In other words, if you have no living family members, Utah keeps your money.
What Happens to Non-Probate Assets?
Not all assets pass through Utah's intestacy laws. Some bypass probate entirely because they already have a designated beneficiary. These include:
Life insurance policies
Retirement accounts (401(k), IRA)
Payable-on-death (POD) bank accounts
Transfer-on-death (TOD) investment accounts
Property held in joint tenancy
If you want a specific person to inherit one of these assets, make sure your beneficiary designations are up to date. Your will does not override these designations!
How Probate Works Without a Will
Probate is the court-supervised process of distributing an estate, whether there's a will or not. If you don't have a will, the court must:
Appoint a personal representative to handle your estate (Utah Code § 75-3-203).
Identify and inventory your assets.
Pay off debts and taxes.
Distribute the remaining estate based on Utah's intestacy laws.
Even with a will, probate is required, but your wishes are documented so things will go how you would like them. However, a properly structured estate plan (like a living trust) can help avoid probate altogether.
Who Will Take Care of Your Kids?
If you have minor children, Utah courts decide who becomes their guardian if there's no will. While a judge will always act in the child's best interest, their decision may not align with what you would have chosen.
Without a will, you lose control over:
Who raises your kids.
Who manages any inheritance for them.
Avoiding family disputes over guardianship.
Want to avoid a courtroom battle over your children's future? A simple will allows you to name a guardian, ensuring your kids are raised by someone you trust.
Even "Simple" Estates Benefit From a Will
A lot of people think, "My situation is simple; I don't need a will." But a will does more than just distribute assets--it can:
✅ Name an executor to handle your estate (avoiding court-appointed representatives).
✅ Specify funeral arrangements (reducing stress on loved ones).
✅ Ensure your business transfers smoothly to a successor.
✅ Leave specific gifts to friends, charities, or even pets.
Bottom line: Even if you don't own much, a will helps your family avoid confusion, legal delays, and unnecessary costs.
Protect Your Family--Take Action Today
Dying without a will means leaving your estate in the hands of Utah law, which might not match your wishes. The good news? Creating a will is easier than you think!
As an estate planning attorney licensed in Utah, I help individuals and families create simple, effective plans that protect their loved ones. Schedule a free consultation today, and let's make sure your family is taken care of--without any courtroom drama.
Final Thoughts on Utah Intestacy Laws
If you'd like to dig deeper into the specifics of Utah's intestate succession laws, you can find them under Utah Code Title 75, Chapter 2, available here.