What Happens If You Die Without a Will in Utah?
Without a will in Utah, a surviving spouse takes the entire estateUtah Code § 75-2-102Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita at each generationUtah Code § 75-2-106Verified Sep 10, 2026View source.
Utah intestacy law decides. Utah follows separate property rulesUtah Code § 75-2-102Verified Sep 10, 2026View source: the surviving spouse's share depends on whether children survive and whose children they are. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents; Descendants of your parents; Grandparents and their descendants; A deceased spouse's descendants; EscheatUtah Code § 75-2-102Verified Sep 10, 2026View source.
The surviving spouse's share in Utah depends on the family. With no children: Entire estateUtah Code § 75-2-102Verified Sep 10, 2026View source. With shared children: Entire estate (when all descendants are also descendants of surviving spouse)Utah Code § 75-2-102Verified Sep 10, 2026View source. When a child from a prior relationship survives: First $112,500 plus half of the remaining estateUtah Code § 75-2-102Verified Sep 10, 2026View source.
Utah divides per capita at each generationUtah Code § 75-2-106Verified Sep 10, 2026View source: surviving descendants at each generational level share equally, with deceased members' shares pooled and redistributed at the next level.
Utah requires an heir to survive the decedent by 120 hoursUtah Code § 75-2-104(1)(a)Verified Sep 10, 2026View source to inherit; an heir who dies within that period is treated as having died first, and the share passes to the next eligible heir.
Under Utah intestacy law, a stepchild or an unmarried partner does not inherit unless adopted or recognized by statute. A stepchild can inherit in Utah through the tier just ahead of escheat: if there is no taker among your descendants, parents, parents' descendants, or grandparents' lines, the estate passes to the surviving descendants of your deceased spouseUtah Code § 75-2-103(1)(f)Verified Sep 10, 2026View source. Outside those situations, a will or trust is how a stepchild or an unmarried partner is provided for. The Utah will signing requirements set out what a valid will takes.
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Inheritance
Inheriting assets brings responsibility. How to manage, protect, and plan for inherited wealth — including tax implications and trust options.
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Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
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Divorce
What divorce does and does not undo: beneficiary designations, your will, powers of attorney, and the one account your ex stays on until you change it.
Learn moreForms for Planning and Settling an Estate in Utah
Free Utah forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Notice to Creditors
In Utah, creditors have 3 monthsUtah Code § 75-3-801Verified Sep 8, 2026View source from first publication to present claims.
Small Estate Affidavit
In Utah, the Small Estate AffidavitUtah Code § 75-3-1201Verified Sep 8, 2026View source covers estates valued at $100,000Utah Code § 75-3-1201Verified Sep 8, 2026View source or less, 30 daysUtah Code § 75-3-1201Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Utah, the personal representative files the estate inventory within 90 daysUtah Code §§ 75-3-705, 75-3-706, 75-3-707Verified Sep 15, 2026View source of appointment.
Estate Closing
In Utah, the personal representative is discharged automatically once the statutory period runsUtah Code §§ 75-3-1003(2), 75-3-1005Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In Utah, a will is signed before 2Utah Code § 75-2-502Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyUtah Code § 75-2-502Verified Oct 19, 2026View source.
Healthcare Power of Attorney
Utah requires 1Utah Code § 75A-9-110 (formerly § 75A-3-303)Verified Oct 15, 2026View source witness for a healthcare power of attorney; notarization is not requiredUtah Code § 75A-9-110 (formerly § 75A-3-303)Verified Oct 15, 2026View source.
Financial Power of Attorney
Utah treats a power of attorney as durable by defaultUtah Code § 75A-2-105Verified Sep 20, 2026View source, and it is signed before a notaryUtah Code § 75A-2-105Verified Sep 20, 2026View source.
Tools for Planning and Settling an Estate in Utah
Free calculators and checklists for planning or settling an estate in Utah: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Does Probate Cost?
Probate on a $500,000 estate in Utah costs an estimated $27,719Utah Code § 75-3-718 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 2.2%Utah Code § 75-3-718 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 3.5%Utah Code § 75-3-718 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
What Are the Burial and Cremation Laws in My State?
Utah allows you to name your own agent in advanceUtah Code § 58-9-602(1)Verified Oct 17, 2026View source, and that designation takes priority over the order of next of kin who otherwise control disposition of the remains.
How Much Are Estate & Inheritance Taxes?
Utah levies no estate or inheritance taxNo state estate, inheritance, or gift tax. Utah's pick-up inheritance tax (Utah Code Title 59, Chapter 11, Inheritance Tax Act) produced $0 for deaths after December 31, 2004 — it was measured by the IRC § 2011 state death tax credit, which EGTRRA phased out — and the entire chapter (§§ 59-11-101 through 59-11-115) was repealed outright effective May 6, 2026 by H.B. 77, 2026 General SessionVerified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Utah imposes no inheritance or estate taxNo state estate, inheritance, or gift tax. Utah's pick-up inheritance tax (Utah Code Title 59, Chapter 11, Inheritance Tax Act) produced $0 for deaths after December 31, 2004 — it was measured by the IRC § 2011 state death tax credit, which EGTRRA phased out — and the entire chapter (§§ 59-11-101 through 59-11-115) was repealed outright effective May 6, 2026 by H.B. 77, 2026 General SessionVerified Sep 15, 2026View source; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Utah take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular rates.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Utah costs an estimated $27,719Utah Code § 75-3-718 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source and takes 4 months to 6 months for a simple estate, with attorney fees of typically 2.2%Utah Code § 75-3-718 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 3.5%Utah Code § 75-3-718 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate. Estates under $100,000Utah Code § 75-3-1201Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
Utah pays executors reasonable compensationUtah Code § 75-3-718 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.
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Utah Estate Planning Resources
In-depth guides covering Utah probate laws, trust requirements, and estate planning strategies.