Who Inherits If You Die 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.

The surviving spouse of a decedent domiciled in Utah may elect to take one-third of the augmented estate (which includes the probate estate and many nonprobate transfers). If the spouse would receive less than $75,000 from the listed sources, a supplemental elective-share amount brings the total to $75,000. The petition must be filed in court and mailed or delivered to the personal representative within nine months after death or within six months after the will is probated, whichever is later. Utah is not a community property state.

Thirty days after the death, a successor may collect money owed to the decedent and tangible personal property (including instruments such as stock certificates) by presenting an affidavit stating that the value of the entire estate subject to administration, wherever located, less liens and encumbrances, is not more than $100,000; that 30 days have passed since the death; that no petition to appoint a personal representative is pending or granted anywhere; and that the successor is entitled to the property. The affidavit is not filed with the court; it is signed before a notary and given to the bank or other holder. Up to four registered boats, motor vehicles, trailers or semitrailers may also be transferred through the Motor Vehicle Division on the affidavit (with the $100,000 figure computed excluding those vehicles). Water company shares are not eligible. The Utah courts' guidance states this procedure is not used for real property.