Utah Intestate Succession: Who Inherits Without a Will
Short answer: When a Utah resident dies without a valid will, state law — not personal preference or informal family agreement — decides who inherits. A surviving spouse's share depends heavily on whether the decedent had children from outside that marriage: if all descendants are shared with the spouse, the spouse generally inherits everything; if not, the spouse's share is capped at a specific dollar figure plus half the remainder.
Who this guide is for
Anyone handling a Utah estate where the person died without a will, or anyone wanting to understand what would happen to their own estate without one.
If there's a surviving spouse and no children (or only shared children)
Under Utah Code §75-2-102, if the decedent has no surviving descendants, or if every surviving descendant is also a descendant of the surviving spouse (meaning no children from outside that marriage), the surviving spouse inherits the entire intestate estate.
If there's a surviving spouse AND children from outside that marriage
This is where it gets more specific — and where a lot of blended families are surprised by the default rule. If one or more surviving descendants are not also descendants of the surviving spouse (commonly, children from a prior relationship), the spouse's share is capped: the spouse inherits the first $75,000, plus one-half of whatever remains of the intestate estate. The other half of the remainder goes to the children.
Why this specific rule matters so much
This $75,000-plus-half structure is exactly the kind of default that can produce a result nobody in the family actually wanted — a surviving spouse in a blended family may end up with meaningfully less than "everything," while children from a prior relationship inherit a share directly, rather than everything passing to the spouse first. If this doesn't match what someone would actually want, that's specifically what a will is for — intestate succession exists as a statutory default, not a reflection of what most people would choose if asked.
If there's no surviving spouse
Without a surviving spouse, Utah's intestate succession rules generally pass the estate to descendants (children, grandchildren) first, and if there are none, work outward through other relatives (parents, siblings, and further relatives) according to a defined statutory order. The specific breakdown depends on exactly which relatives survive — this is a detail worth confirming precisely for your specific family situation rather than assuming.
A detail worth knowing: nonprobate transfers can affect the calculation
Utah law accounts for certain nonprobate transfers a surviving spouse already received (like assets that passed outside probate) when calculating the spouse's intestate share — these can be treated as an advancement against that share. This is a nuance that can meaningfully change the numbers in a real estate and is worth discussing with an attorney if it applies to your situation.
The bigger picture: why intestate succession is a reason to have a will
Even a simple will lets you decide who inherits what, rather than accepting Utah's statutory default — which, as the blended-family example above shows, may not match what you'd actually want. If you don't currently have a will, this is worth addressing directly rather than leaving your estate to the default rules.
Frequently asked questions
Does intestate succession apply to all property, or just some of it? It applies to the probate estate — property that doesn't otherwise pass by beneficiary designation, joint ownership with survivorship rights, or other nonprobate mechanisms.
What if there's no surviving spouse or any identifiable relatives? In rare cases with no identifiable heirs, an estate can ultimately pass to the state — a strong practical reason not to leave inheritance entirely to the intestate default if you have any preference at all about where your property goes.
Can intestate succession be contested? Disputes about who qualifies as an heir, or about the facts determining shares, can arise — this is a situation where an attorney's involvement is often necessary rather than optional.