Some people procrastinate on writing a will because they figure their family will automatically inherit their property. While Utah law does have a default scheme for distributing an estate, that plan may not reflect the person’s wishes or the needs of the people they leave behind.
Dying without an enforceable will is called dying intestate. If someone dies intestate in Utah, the state’s intestate succession laws control who can inherit any probate assets. The estate may also be subject to probate so a court-appointed personal representative can pay valid debts, manage estate property, and distribute the remaining assets.
Knowing what happens if you die without a will in Utah can help you determine if it is time to create or revise your estate plan.
Who Inherits When Someone Dies Without a Will in Utah?
There is a specific order of inheritance laid out under Utah law for an intestate estate. Your heirs will depend on who survives you and their relationship to you.
A Surviving Spouse
Your spouse can inherit your entire intestate estate if you die without any surviving descendants. If all of your surviving descendants are descendants of your surviving spouse, your spouse can also inherit your entire estate.
If you have one or more descendants that are not descendants of your surviving spouse, however, your spouse will generally only receive a portion of your estate. This situation typically occurs with blended families.
Children and Other Descendants
If there is no surviving spouse, the deceased person’s descendants typically inherit the intestate estate. “Descendants” may include children, grandchildren, and more remote generations.
When a deceased person’s child died earlier but left children (i.e., grandchildren of the deceased person), Utah’s distribution scheme may allow those grandchildren (or descendants of other deceased children) to inherit the share that would have gone to that child. Calculating who inherits what can become complex for blended families or when relatives have predeceased the deceased person at different times, so it may be helpful to seek legal assistance.
Parents, Siblings, and More Distant Relatives
If there is no surviving spouse or descendant, the estate typically passes to the deceased person’s parents. If no parents are alive, siblings or descendants of deceased siblings may inherit.
Utah law considers more distant relatives, such as grandparents and their descendants a well. If no heir at all can be found — a rare result — the estate could escheat, or pass, to the state.
Which Assets Are Controlled by Utah’s Intestacy Laws?
Intestate succession only affects property that is owned by the decedent at death and becomes part of his or her probate estate. It does not necessarily affect all of the property that an individual owned or enjoyed the use of during his or her lifetime.
Some examples of property that may pass outside of probate are:
- Life insurance proceeds with a valid beneficiary designation
- Retirement accounts with named beneficiaries
- Payable-on-death or transfer-on-death accounts
- Property owned in joint tenancy with a right of survivorship
- Assets held in a properly funded trust
These assets may pass outside of probate because the account agreement, title document, trust instrument or beneficiary designation control how those assets will pass. This is why it is important for your estate plan to be coordinated and consist of more than just your will. Beneficiary designations, titles to property and your trust should all work together.
Does Dying Without a Will Always Mean Probate?
It doesn’t. Not all Utah estates need to go through formal probate proceedings. The Utah State Courts say probate is usually necessary if the estate includes land or any real property of value OR the estate includes more than $100,000 in qualifying net assets. (Don’t count the value of land or vehicles towards that $100K limit.)
If your loved one’s estate is relatively small, you may be able to use Utah’ small-estate affidavit process instead of probate. In most cases, you can use this process if the estate is valued at less than $100,000, does not include real property, at least 30 days have passed since your loved one died, and no petition to appoint a personal representative has been filed.
Remember that you can’t use a small estate affidavit to transfer ownership of a house or land. If your loved one’s estate owns real property or doesn’t qualify for the small estate procedure, you’ll likely need to open a probate case.
What Happens During Probate Without a Will?
When there is no will, the court may appoint a personal representative to administer the estate. This person performs many of the duties commonly associated with an executor, but their authority comes from the court rather than from a nomination in a will.
Responsibilities of the personal representative may include:
- Locating and notifying heirs and creditors
- Collecting and inventorying estate assets
- Managing property while the estate is open
- Paying valid debts, expenses, and taxes
- Selling property when necessary
- Distributing the remaining assets according to Utah law
In most cases, when someone dies without a will, the surviving spouse is first in line to ask the court to appoint them. If there is no surviving spouse, then other heirs are eligible to request appointment. When family members disagree who should serve or how the estate should be distributed and managed, probate can become contested. This adds more delay, expense and stress to the probate process.
Who Will Care for Minor Children?
Parents may feel that their most important reason to write a will is to name someone to care for minor children. Without a valid nomination, the court of competent jurisdiction in Utah will decide who should take care of the children if both parents die.
Parents and other family members may have strong opinions about who should serve as guardian. While focused on what is best for the children, the court’s choice may not align with parents’ wishes. An estate plan allows parents to formally express their preference and includes instructions for handling assets they leave behind for children.
What About Unmarried Partners, Friends, or Charities?
As you can see, Utah’s intestate succession statutes only consider blood relatives, legally adoptive relatives or a surviving spouse. Your unmarried partner would not inherit under Utah’s intestate laws as a spouse would. Your close friend, stepchild to whom you never legally adopted, or favorite charities would not automatically inherit because of your relationship with them.
To leave property to someone outside of Utah’s default heirship line, you will typically need a valid estate planning document or some other form of valid transfer device.
Can Creditors Take Money From the Estate?
Debts don’t just vanish because someone passes away. Valid claims by creditors, administration costs, taxes, and other debts owed by the estate can be paid from estate funds prior to distributing assets to heirs.
Unless a family member is directly responsible for the debt (as described below), they will not become personally liable for the debts of a deceased relative simply by virtue of family relationship. There can be separate liability for debts where someone is jointly responsible for a debt, they cosigned for the debt, or in other situations where there is individual responsibility for the debt. Proper administration of an estate in accordance with Utah probate law can help the personal representative avoid problems.
Why Create a Will if Utah Already Has Inheritance Rules?
Utah’s intestacy laws dictate a default plan for your estate—not a plan tailor-made for you. Creating a valid will and properly coordinating your estate plan allows you to maintain more control over these decisions:
- Who receives your property
- Who administers your estate
- Who you nominate to care for minor children
- How and when children or other beneficiaries receive assets
- Whether friends, stepchildren, unmarried partners, or charities receive anything
- How family disputes and administrative burdens may be reduced
Even with a will, your estate may go through probate. However, having a will can provide clarity and help eliminate uncertainty. Your attorney may also recommend utilizing a trust, powers of attorney, healthcare directives or beneficiary designations that reflect your current wishes.
Speak With a Utah Estate Planning Attorney
Under Utah law, if you die without a will, the state dictates how your probate estate is distributed according to a statutory formula. This default scheme may not conform with your wishes and can lead to unintended consequences. That’s especially true if you have a blended family, are part of an unmarried couple, have minor children, or wish to leave assets to friends or charity outside of the normal order of inheritance.
The attorneys of Larsen, Larsen, Nash & Larsen can guide you through your options and help you craft an estate plan that’s tailored to you and your family. Your plan should be based on your unique family situation, assets, and objectives. Call Larsen, Larsen, Nash & Larsen at (801) 964-1200 or contact us online about drafting a will or creating a Utah estate plan.
This article is intended for informational purposes only and should not be construed as legal advice. Furthermore, because estate and probate law can change over time, and each person’s situation is unique, the appropriate course of action may vary from the information provided herein.
