When someone dies without a will, Utah’s intestate succession law (Utah Code §75-2-101 through §75-2-114) steps in. It divides your assets among your closest living relatives in a fixed order. You can’t change that order unless you’ve made a valid will, trust, or other estate plan.

Think of intestacy like a family tree chart, starting with you at the top, then branching out to your spouse, children, and beyond.

With children from the same spouse:
Your surviving spouse inherits everything.

Example diagram:

With children from another relationship:
Your spouse inherits the first $75,000 plus half of the remaining estate. The rest goes equally to your children from all relationships.

Example diagram:

No children:
Your spouse inherits everything unless your parents are still living. Then your spouse gets the first $75,000 plus half of what’s left, and your parents share the remainder.

If you die single (never married, divorced, or widowed), your children inherit everything equally.

If you have no children, your parents inherit everything.

If no parents survive you, it passes to your siblings, and if they have passed, to their children (your nieces and nephews).

Simplified flow:

Stepchildren don’t automatically inherit under Utah intestacy law unless you legally adopted them. To include them, you must name them in a valid will or trust. Otherwise, they are not considered “legal heirs.”

• Example 1 – Married, no kids: Spouse gets everything.
• Example 2 – Married, two kids (same spouse): Spouse gets everything.
• Example 3 – Married, one child from a prior marriage: The spouse gets the first $75,000 plus half of what’s left; the child gets the other half.
• Example 4 – Single, no kids, parents deceased: Estate goes to siblings. If no siblings, nieces and nephews.
• Example 5 – No living relatives: If no qualified heirs are found, the estate escheats to the State of Utah.

Even without a will, some property skips probate automatically if ownership is structured properly:

• Joint tenancy with right of survivorship – passes to the surviving owner.
• Payable-on-death accounts (POD) – go directly to named beneficiaries.
• Transfer-on-death deeds (TODD) – transfer real estate directly to heirs when you die.

If these tools aren’t set up, the probate court uses Utah’s intestacy formula to distribute what’s left.

To avoid probate delays or disputes:

• Write a valid will or living trust.
• Name beneficiaries on your bank accounts and property deeds.
• Talk with your family so everyone knows your wishes.
• Update documents after marriage, divorce, or new children.
• Get legal advice if your family situation is complex.

Simple diagram summary