Affidavit of Heirship in Utah
Whether Utah lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: No statute provides an affidavit of heirship for real estate. Heirs are determined by the district court in a formal testacy proceeding, which may ask for an order that the decedent died intestate, or through informal probate and appointment of a personal representative, who then deeds… Utah Code § 75-3-401
| Affidavit / determination of heirship | No statute provides an affidavit of heirship for real estate. Heirs are determined by the district court in a formal testacy proceeding, which may ask for an order that the decedent died intestate, or through informal probate and appointment of a personal representative, who then deeds real estate to the heirs. Source: Utah Code § 75-3-401 |
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| Who inherits without a will | Surviving spouse: the entire estate if the decedent has no surviving descendants, or if all of the decedent's descendants are also descendants of the surviving spouse; otherwise the first $75,000 plus one-half of the balance. The rest (or everything, if there is no spouse) passes to descendants per capita at each generation; if none, to parents; if none, to descendants of the parents (siblings, nieces and nephews); if none, half to paternal and half to maternal grandparents or their descendants; if none, to descendants of a deceased spouse. If there is no taker, the estate goes to the state for the permanent state school fund. Heirs generally must survive the decedent by 120 hours. Nonprobate transfers received by an heir may be counted as an advancement in figuring shares. |
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- Who Inherits If You Die Without a Will in Utah
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- How Probate Works in Utah
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FAQ
Does Utah have an affidavit of heirship?
No statute provides an affidavit of heirship for real estate. Heirs are determined by the district court in a formal testacy proceeding, which may ask for an order that the decedent died intestate, or through informal probate and appointment of a personal representative, who then deeds real estate to the heirs.
Who inherits if someone dies without a will in Utah?
Surviving spouse: the entire estate if the decedent has no surviving descendants, or if all of the decedent's descendants are also descendants of the surviving spouse; otherwise the first $75,000 plus one-half of the balance. The rest (or everything, if there is no spouse) passes to descendants per capita at each generation; if none, to parents; if none, to descendants of the parents (siblings, nieces and nephews); if none, half to paternal and half to maternal grandparents or their descendants; if none, to descendants of a deceased spouse. If there is no taker, the estate goes to the state for the permanent state school fund.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.