What Happens If You Die Without a Will in Utah?
Disclaimer: This blog is for legal informational purposes only. Nothing within this blog should be considered legal advice. Engaging with this article and this website does not create an attorney-client relationship between you and Walker Law Firm of Cache Valley. We are not your attorneys. Consult with a lawyer if you are in need of legal assistance.
Death is one of those topics most people would rather avoid, but planning for it is one of the greatest gifts you can leave for your loved ones. A will is a simple legal document that spells out what you want to happen to your property after you pass away. Without one, the state of Utah steps in to decide for you. The legal term for dying without a will is “dying intestate.”
So what exactly happens if you die intestate in Utah? Let’s break it down in everyday language so you know what the law says and why planning ahead matters.
Who Gets Your Property Without a Will?
When someone dies without a will in Utah, their property is distributed according to Utah’s intestacy laws. These rules are written into state law and are meant to provide a predictable system of inheritance. But the law doesn’t know your personal relationships, promises, or wishes. It just follows a formula.
Here’s how the formula works:
If You’re Married
- If you have no children from another relationship: Your spouse inherits everything.
- If you have children from another relationship: Your spouse shares the estate with your children. Typically, your spouse receives the first $75,000 of value plus half of the remaining estate, though the formula for calculating the spousal homestead exemption is complicated and will vary on a case by case basis. The rest of the property not given to your spouse is divided equally among your children.
If You’re Not Married
- Children come first. Your estate is split equally among your children.
- No children? Then it goes to your parents.
- No parents? Then it goes to your siblings.
- No siblings? The estate keeps moving outward—to nieces and nephews, grandparents, aunts, uncles, cousins, and so on.
If the court cannot find any relatives at all, then everything you owned goes to the State of Utah.
Why Intestacy Can Be a Problem
On paper, the intestacy formula might sound reasonable. But in real life, it can create real headaches:
- Unintended Disinheritance – If you’re remarried with stepchildren, the law doesn’t automatically give anything to your stepchildren. Without a will, they could be left with nothing, even if you helped raise them.
- Family Conflict – When the law divides things by formula, it can create tension. A spouse, children from different marriages, or siblings may feel the result is unfair. This can lead to court fights, which cost time, money, and peace of mind.
- Minor Children – If you die with minor children and no surviving parent, the court must appoint a guardian. Without a will, you don’t get a say in who raises your kids.
- Special Assets – Utah’s intestacy laws don’t take into account things like family heirlooms, sentimental property, or promises you made. For example, you might have told your brother he could have your guitar collection. Without a will, there’s no guarantee he’ll get it.
- Business or Farm Ownership – If you own a business, rental properties, or farmland, intestacy laws can divide those assets in ways that make running them nearly impossible.
What About Debts and Probate?
Even if you die intestate, your estate must usually go through probate. Probate is the court process of paying your debts and distributing your assets. Creditors get a chance to be paid before heirs receive anything.
Dying without a will often makes probate slower and more expensive, because the court has to decide who the heirs are. With a will, you can choose a personal representative (executor). Without one, the court will appoint someone, which may not be who you would have chosen.
How to Avoid Intestacy
The best way to avoid the state deciding for you is to create a valid will. In Utah, a will must generally be:
- In writing,
- Signed by you (the person making the will), and
- Witnessed by two people.
There are other estate planning tools, too, such as trusts, joint ownership, and beneficiary designations. But at the very least, a simple will makes sure your wishes are clear.
Why an Estate Plan Is Worth It
Think of an estate plan as a kindness to your loved ones. It saves them stress, reduces fighting, and gives them clear instructions during a difficult time. It also allows you to make special gifts, provide for charities, or protect vulnerable family members.
Without a plan, the court applies a one-size-fits-all rule. With a plan, your family follows your rules.
Walker Law Firm of Cache Valley Can Help
At Walker Law Firm of Cache Valley, we know that talking about death isn’t easy. But having a plan is one of the most important steps you can take for your family’s future. Attorney Matthew Walker has years of experience helping individuals and families with:
- Wills and trusts
- Estate planning
- Guardianships and conservatorships
- Real estate and business matters
- Probate administration
Whether you need a simple will or a more complete estate plan, our firm can walk you through the process and make sure your wishes are honored. While our Utah office is in Logan, we help clients throughout every county in Utah.
Don’t let the state of Utah decide what happens to your property. Take control of your legacy today.
Contact Walker Law Firm of Cache Valley to schedule a consultation with Matthew Walker.
Your family deserves clarity and peace of mind—not confusion and court battles.