Utah Intestacy Laws
Many people assume their spouse or children will “automatically” inherit if something happens to them. In Utah, that’s often not how it works.
When someone dies without a will or trust, Utah’s intestacy laws decide who inherits—using rigid rules that don’t consider relationships, promises, or family dynamics. This page explains how intestacy works in Utah and why even simple planning can prevent unintended outcomes.
Why this Matters
Intestacy laws are designed to be efficient—not personal.
They don’t ask who you were closest to, who helped care for you, or what you would have wanted. They apply the same formula to every family, whether blended, estranged, or deeply interconnected.
For many families, intestacy results come as a shock. Spouses don’t inherit what they expected. Stepchildren are excluded entirely. Adult children inherit regardless of relationship or involvement.
Once intestacy applies, the court has no flexibility to adjust the outcome.
What Intestacy Is
Intestacy simply means dying without a valid will.
When that happens, Utah law—not your family—decides:
- Who inherits
- How much each person receives
- Who controls the process
The court must follow Utah’s intestate succession statutes exactly. Personal wishes, verbal promises, handwritten notes or family circumstances do not change the result.
How Intestacy Works in Utah
Without a will, Utah Code §§ 75-2-101 through 75-2-114 control inheritance.
The rules depend on whether you were married and whether you had children.
Who Inherits Under Utah Law:
If You Are Married
Married with only joint children
- The surviving spouse inherits 100%
Married with children from a prior relationship
- The surviving spouse receives:
- The first $75,000, plus
- One-half of the remaining estate
- The deceased spouse’s children inherit the other half
This outcome surprises many blended families and often creates financial strain for the surviving spouse.
If You Are Not Married
Utah distributes assets in this order:
- Children
- Parents
- Siblings
- Nieces and nephews
- Grandparents
- Cousins
If no qualifying relatives exist, the estate eventually goes to the State.
How Intestacy Interacts With Non-probate Assets
Intestacy does not control assets that pass by:
- Beneficiary designation
- Joint ownership
- Transfer-on-death deeds
- Payable-on-death accounts
- Trust ownership
But any asset left in your name alone is subject to intestacy and probate.
Partial planning often leads to partial—and confusing—results.
What Can Go Wrong if It's Done Incorrectly
Intestacy rules commonly lead to:
- Surviving spouses receiving less than expected
- Stepchildren being excluded entirely: Stepchildren do not inherit unless legally adopted.
- Unmarried partners receiving nothing (Unmarried partners do not inherit, regardless of how long you lived together)
- Young adults inheriting too much too soon (Minors inherit outright at age 18, even large sums or real estate)
- Increased family conflict (Estranged children still inherit—the law does not recognize estrangement)
- Court involvement that could have been avoided
- Intestacy always triggers probate when assets are in your name alone
These outcomes are often the opposite of what families expect.
None of these results are discretionary. Once intestacy applies, the outcome is locked in.
Who This Matters Most For
Understanding intestacy is especially important for:
- Blended families
- Second marriages
- Unmarried couples
- Parents of minor children
- Homeowners
- Anyone with strong personal wishes about inheritance
For these families, intestacy outcomes are rarely expected.
How Things Play Out
The One Where Everyone Was Shocked by the Split
Blended Family — Surprise Half-Inheritance
Situation: Mark died leaving a spouse and two children from a prior marriage. He assumed his spouse would be financially secure and his children would inherit later.
Problem: Under Utah intestacy law, his spouse received $75,000 plus half of the remaining estate, with his children inheriting the rest.
Outcome: The division created financial strain for the surviving spouse and tension between family members.
Lesson: Blended families often experience outcomes they don’t anticipate when intestacy laws control the distribution.
The One Where the Partner Got Nothing
Unmarried Partner — Long-Term Relationship Excluded
Situation: Jennifer lived with her partner for 14 years and shared daily life, expenses, and responsibilities.
Problem: When he died without a will, Utah intestacy law did not recognize their relationship.
Outcome: Jennifer inherited nothing. His parents and siblings received the entire estate.
Lesson: Utah intestacy law does not provide inheritance rights for unmarried partners, regardless of relationship length.
The One Where Love Didn’t Equal Inheritance
Stepchild — Excluded Under Intestacy
Situation: A father raised his stepdaughter from early childhood and considered her his own.
Problem: He died without a will, and intestacy law recognized only biological or legally adopted children.
Outcome: The stepdaughter inherited nothing, while his biological child received the entire estate.
Lesson: Emotional relationships do not change intestacy outcomes without formal planning.
How Intestacy Fits Into a Complete Estate Plan
A will or trust overrides Utah’s intestacy rules.
Estate planning allows you to:
- Decide who inherits
- Protect spouses and children intentionally
- Provide structure for minors
- Reduce court involvement
- Prevent family conflict
Intestacy is Utah’s default. Planning is how you opt out.
Common Questions
If you do not want Utah law making inheritance decisions for your family, planning is required to override intestacy.
The right plan depends on your family, assets, and goals. If you’re exploring your options, our team can walk you through what these concepts mean for a typical Utah family.
This page offers general educational information about Utah estate planning. It is not legal advice, and any examples described are hypothetical illustrations, not real clients or situations.