Utah intestate succession, codified at Utah Code Section 75-2-101, determines who inherits your property when you die without a valid will. The law distributes your estate to your closest relatives in a fixed priority order: first to your surviving spouse and descendants, then to parents, siblings, and more distant kin, and finally to the state if no heirs exist.
Last updated: July 2026
Key Takeaways
- Intestate succession applies only to probate assets that lack beneficiary designations.
- Your surviving spouse receives the entire estate only if you have no children or parents living.
- Separate property owned solely by the deceased is treated differently from marital property.
- Half-blood relatives inherit the same as whole-blood relatives under Utah law.
- Utah requires an heir to survive the decedent by 120 hours to inherit under Section 75-2-104.
Understanding Utah’s intestate succession rules is critical even for people who have estate plans, because the rules apply to any asset that falls outside the plan. A forgotten bank account, an insurance policy with no beneficiary, or a vehicle titled solely in your name all pass through intestate succession if you have no will. The statutory distribution scheme may not match your wishes at all.
Most people assume their spouse will inherit everything automatically. Under Utah law, that is only true in specific circumstances. If you have children from a prior relationship, your spouse may share your estate with those children. If you are estranged from your parents, they may still inherit part of your estate if you have no spouse or children. The default rules cannot account for your personal relationships or individual circumstances.
How does Utah law distribute assets when a married person dies without a will?
Under Utah Code Section 75-2-102, the share a surviving spouse receives depends on whether the deceased had living descendants. If the deceased had no descendants and both parents are deceased, the spouse inherits the entire estate. If there are descendants who are also descendants of the surviving spouse, the spouse inherits the first $75,000 plus half of the balance, and the descendants inherit the remainder.
If the descendants include children who are not descendants of the surviving spouse, the spouse inherits half of the estate and the descendants inherit the other half. If the deceased had no descendants but is survived by a parent, the spouse inherits the first $75,000 plus half of the balance, and the parent or parents inherit the remainder. These fractions and dollar amounts change periodically with legislative updates.
What happens if I die single without a will in Utah?
If you die unmarried and without a will, your estate passes to your descendants under Section 75-2-103. If you have no living descendants, your estate goes to your parents equally. If neither parent survives you, the estate passes to your siblings and their descendants. If no siblings survive, the estate goes to your grandparents, and then to your aunts, uncles, and their descendants.
The law continues searching up and down the family tree until it finds an heir. If no heirs can be found within the degrees of kinship recognized by Utah law, your estate escheats to the state of Utah. This process is known as escheat and is governed by Section 75-2-105. The state becomes the beneficiary of last resort when no relatives exist.
What is the 120-hour survival requirement in Utah intestate succession?
Utah Code Section 75-2-104 requires that an heir must survive the decedent by 120 hours to inherit under intestate succession. If the heir dies within 120 hours of the decedent, the law treats the heir as if they predeceased the decedent, and the estate passes to the next eligible heirs.
This rule applies to both intestate and testate succession under Utah law. The 120-hour rule prevents assets from passing to someone who died shortly after the decedent and then being distributed under a separate probate proceeding. It streamlines the administration of estates involving simultaneous or near-simultaneous deaths, such as car accidents or natural disasters.
Under Utah Code Section 75-2-104, an heir must survive the decedent by 120 hours to inherit. This rule applies to both intestate and testate succession.
How does Utah law treat children born outside of marriage in intestacy?
Under Utah law, a child born to unmarried parents may inherit from the father if paternity is established during the father’s lifetime or through genetic testing after death. Section 75-2-114 governs inheritance by and from children born outside of marriage for intestate succession purposes.
The law also addresses adopted children, stepchildren, and children conceived after a parent’s death. Adopted children inherit the same as biological children. Stepchildren generally do not inherit from stepparents unless the stepparent formally adopted them. Posthumous children conceived before the decedent’s death are treated as living descendants for inheritance purposes.
What assets are not affected by Utah intestate succession?
Intestate succession only applies to probate assets. Assets with valid beneficiary designations, such as life insurance policies, retirement accounts, and payable-on-death bank accounts, pass directly to the named beneficiaries regardless of what the intestacy laws say. Property held in a revocable living trust passes according to the trust terms. Jointly owned property with rights of survivorship passes to the surviving joint owner.
This distinction is crucial. Even if you have no will, proper beneficiary designations can ensure most of your assets go where you intend. However, beneficiary designations on retirement accounts and insurance policies must be coordinated with your overall estate plan to avoid unintended consequences, such as creating tax problems or disinheriting a spouse who is entitled to an elective share.
Can I partially disinherit someone through beneficiary designations in Utah?
Yes, because assets with beneficiary designations pass outside the will and outside intestate succession. However, Utah’s elective share law at Section 75-2-201 allows a surviving spouse to claim a portion of the deceased spouse’s estate even if the deceased spouse tried to disinherit them through beneficiary designations. The elective share applies to augmented estate, which includes many nonprobate assets.
The lesson is that beneficiary designations are powerful tools that can override the default intestacy rules, but they can also create conflicts with your overall estate plan. Coordinating your beneficiary designations with your estate plan is essential, especially in blended family situations where the intestacy rules would distribute assets in ways that may not reflect your intentions.
| Situation | Spouse’s Share | Share of Others |
|---|---|---|
| No descendants, both parents deceased | Entire estate | None |
| Descendants are also spouse’s descendants | $75,000 + 1/2 balance | Descendants get remainder |
| Descendants not from spouse | 1/2 of estate | Descendants get 1/2 |
| No descendants, parent(s) survive | $75,000 + 1/2 balance | Parent(s) get remainder |
Frequently Asked Questions
How long does intestate probate take in Utah?
Intestate probate in Utah typically takes six to twelve months from the date of death, depending on the complexity of the estate, whether there are disputes among heirs, and the court’s calendar. Simple estates with clear heirs move faster.
Who is appointed as administrator in an intestate estate?
The Utah probate court appoints an administrator, usually the surviving spouse or another close relative. Utah Code Section 75-3-503 establishes a priority order for appointment. The administrator has the same powers as an executor but must post a bond unless the court waives it.
Can I challenge a Utah intestate distribution if I was excluded?
Utah law provides a limited window for heirs to challenge an intestate distribution. Claims for omitted heirs must be brought within the time limits set by the probate code, and the court may reopen an estate if the omission was due to fraud or mistake.
Does Utah have a separate law for community property intestacy?
No. Utah is not a community property state. It is a common law property state, meaning assets are owned by the individual who acquired them. The intestate succession rules apply to separate property, and the surviving spouse receives the share described in Section 75-2-102.
What happens to debts in an intestate estate in Utah?
Creditors have priority over heirs. The administrator must pay valid debts from the estate before distributing assets to heirs. If the estate is insolvent, Utah law establishes a priority order for paying creditors, and heirs receive nothing.
Can I waive my right to inherit as a surviving spouse in Utah?
Yes. A surviving spouse can waive their intestate share through a valid prenuptial or postnuptial agreement under Utah law. The waiver must be in writing and signed voluntarily with full disclosure of assets.
How does Utah law treat half-siblings in intestate succession?
Half-siblings inherit the same share as whole siblings under Utah Code Section 75-2-107. The law treats all descendants of a common parent equally regardless of whether they share one parent or both parents.
Do I owe estate tax on an intestate estate in Utah?
Utah does not have a state estate tax or inheritance tax as of 2026. Federal estate tax may apply to estates exceeding the federal exemption amount, which is adjusted annually for inflation.
How can I avoid intestate succession in Utah?
The only way to completely avoid intestate succession is to create a valid will or revocable living trust that disposes of all your assets. Even with a will, assets that are not properly accounted for may still pass through intestacy. Regular reviews of your estate plan ensure that new assets acquired after your plan was created are covered.
Working with a Utah estate planning attorney ensures your will or trust complies with Title 75 requirements and that your assets are properly coordinated with your beneficiary designations to avoid gaps that would throw assets into intestate succession.
Planning your estate in Utah? Jeremy D. Eveland, MBA, JD, can help you create a comprehensive estate plan that protects your legacy and your loved ones.
Call (801) 613-1472 or visit jeremyeveland.com to schedule a consultation today.
This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah estate planning attorney for advice specific to your situation.
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