What Happens If You Die Without a Will in South Jordan, Utah?
When someone dies without having a valid will in Utah, they are said to have died intestate. In the event of intestacy, the deceased’s estate is distributed according to intestacy rules.
Understanding Utah’s Intestate Succession Law
When there is no will, probate courts follow intestate succession laws (Utah Uniform Probate Code § 75-2-101 through 75-2-1301).
Under Utah succession laws, if you’re married and die without a will, your spouse will inherit your estate. However, if you have children from another relationship, your spouse only receives a set amount—$75,000 and half of the remaining estate. The rest is evenly divided among your children. Learn more about whether your spouse and kids will inherit everything when you die and why having a will is essential for ensuring your wishes are carried out.
If you’re not married, your estate goes to your children. If you don’t have children, it passes to your parents. If your parents are no longer alive, your estate will go to your siblings.
Will the State Inherit Your Property?
If someone dies intestate in Utah and there are no living relatives found, their estate could eventually “escheat” to the state. Escheatment means that the state becomes the legal owner of the estate because there are no heirs to inherit it.
For instance, if the deceased has no children, parents, or siblings alive, the estate might pass to more distant relatives, such as cousins, aunts, uncles, or even the descendants of a spouse who passed away before the decedent. These descendants can inherit the estate, minimizing the chances of the estate ending up with the state.
Who Gets Guardianship of Your Children?
If parents pass away without a will designating a guardian, the court will determine who will take care of the child, and anyone can petition the court for custody.
When there are multiple parties interested in becoming the guardian, the probate court will evaluate each such party based on factors like the child’s best interests, the relationship between the child and the potential guardians, and their ability to provide a stable and loving home. The guardian the probate court chooses might not always be who the deceased parent would have wanted.
That’s why it’s so important to appoint a guardian for your children if they are under eighteen.
How the Probate Process Works If You Die Intestate
When there is no will, the probate court decides who is responsible for the deceased’s estate and who should inherit the decedent’s assets.
The probate process usually begins with appointing an administrator to oversee the deceased person’s estate. The administrator must create a list of the deceased’s property, identify the heirs, assess the value of the assets, pay off any outstanding debts, and distribute the remaining assets to the heirs as determined by the probate court. Essentially, the administrator acts similarly to an executor, who would normally be named in a will.
Valuation of Intestate Estate
In Utah, if a person leaves behind non-probate assets such as life insurance or jointly owned property, those assets count towards the beneficiary’s share of the estate. If the value of these non-probate assets exceeds what the person would normally inherit under Utah’s laws, they won’t get any more of the estate.
Hiring Probate Attorneys in South Jordan, Utah
Need a probate attorney in South Jordan , Utah? Contact my law office to schedule a free consultation. I’m ready to assist with your estate planning, probate issues, and inheritance disputes.