Utah Small Estate Affidavit

Utah Intestate Succession — Best Essential Guide (2026)

By Oleg Kachko · Updated June 12, 2026

✓ Verified June 2026

This guide explains what happens when someone dies dying without a will in Utah — exactly who inherits under Utah’s intestate-succession law, and what surprises families most. All shares are from Utah statute, verified as of June 2026.

Who Inherits When There Is No Will in Utah

Here is exactly how Utah divides an estate when there is no will:

If the person leaves… Who inherits in Utah
Spouse, no children The surviving spouse inherits the entire intestate estate (Utah Code 75-2-102(1)(a)(i))
Spouse + shared children The surviving spouse inherits the entire intestate estate; the children receive nothing through intestacy because the spouse takes all (Utah Code 75-2-102(1)(a)(ii))
Spouse + children from another relationship The surviving spouse receives the first 75000 plus one-half of the remaining balance of the intestate estate; the decedent’s children from another relationship split the other half per capita at each generation (Utah Code 75-2-102(1)(b))
Children, no spouse The children inherit the entire intestate estate, divided per capita at each generation under 75-2-106(2)
No spouse, no children The estate passes in this order: (1) to the decedent’s parents equally, or to the surviving parent; (2) if no parents, to descendants of the parents (siblings, nieces, nephews) per capita at each generation; (3) if none, half to paternal grandparents or their descendants and half to maternal grandparents or their descendants; (4) if survived on only one side, entirely to that side (Utah Code 75-2-103)
No living relatives (escheat) If there is no taker under Chapter 2 (no surviving spouse, descendants, parents, siblings, nieces/nephews, grandparents, or descendants of grandparents on either side), the estate passes to the state of Utah for the benefit of the permanent state school fund (Utah Code 75-2-105)

These shares come from Utah intestate-succession law (Utah Code 75-2-102 (surviving spouse share), 75-2-103 (heirs other than spouse), 75-2-106 (per capita at each generation)).

How Utah divides shares among descendants: Utah uses per capita at each generation (Utah Code 75-2-106). The estate is divided into equal shares at the nearest generation containing living descendants; shares of deceased members of that generation who left descendants are pooled and redistributed the same way at the next generation

Utah homestead and family allowance: Homestead allowance: surviving spouse receives 22500, exempt from and with priority over all claims (75-2-402). If no surviving spouse, minor and dependent children share the 22500. Exempt property: surviving spouse entitled to up to 15000 in household goods, furniture, automobiles, appliances, and personal effects above security interests (75-2-403).

Family allowance: reasonable allowance for maintenance during administration, not to exceed one year if estate is inadequate; no fixed dollar cap, court determines amount (75-2-404). An heir must survive the decedent by 120 hours (5 days) to inherit (75-2-104)

Half-blood relatives in Utah: Relatives of the half blood inherit the same share they would inherit if they were of the whole blood — no reduction or exclusion (Utah Code 75-2-107)

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Assets That Pass Outside Utah Intestate Rules

Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death accounts), jointly held property with right of survivorship, and assets in a living trust pass outside Utah intestate succession rules and are not governed by Chapter 2

Other Utah intestacy rules: Utah adds nonprobate transfers received by the surviving spouse back into the estate calculation when computing the spouse’s intestate share under 75-2-102(1)(b) — this prevents a spouse from receiving disproportionate assets through beneficiary designations plus the 75000 statutory share. A decedent may also expressly exclude an heir by will under 75-2-101, in which case that person’s share passes as if they disclaimed.

An individual in gestation at the decedent’s death is treated as living if they survive 120 hours after birth.

What Dying Without a Will in Utah Really Means

When someone dies without a will in Utah, the state’s intestate-succession law — not the family — decides who inherits. The shares above show exactly how Utah divides an estate when someone is dying without a will in Utah, and they often surprise people: a spouse may not automatically inherit everything.

Understanding dying without a will in Utah helps a family know what to expect before they walk into probate court. Remember that some assets pass outside these rules entirely, so the full picture of dying without a will in Utah depends on how each asset was titled.

You don’t have to do this alone

If you are settling a loved one’s estate in Utah, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.

Official Utah Sources & Resources

This Utah intestate-succession guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.

More Utah Wills & Probate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.