What Happens If Someone Dies Without a Will in Utah?

When someone passes away without a will, it can create confusion, delays, and stress for loved ones. Many

people assume their assets will “automatically” go to family members, but that’s not always how it works.

In Utah, if a person dies without a will, their estate is distributed according to state intestacy laws, not personal

wishes. An experienced estate planning attorney in Utah can help explain how these laws apply in real situations.

Here’s what that means and why having a will matters.

What Does “Dying Without a Will” Mean?

Dying without a will is called dying intestate.

When this happens, the court follows Utah’s intestacy laws to decide:

• Who inherits the assets

• Who manages the estate

• How debts and expenses are paid

The court does not consider verbal wishes, informal promises, or a video of you explaining how you want your assets distributed. This is why many people choose to work with a Utah estate planning lawyer to put a valid will in place.

Who Inherits If There Is No Will in Utah?

Utah law distributes assets based on family relationships.

If the person was married:

• Spouse only, no children: The spouse usually inherits everything.

• Spouse and children together: The spouse and children may share the estate, depending on whether the children are from the same marriage.

If the person was not married:

• Children: Inherit everything, divided equally.

• No children: Assets pass to parents.

• No parents: Assets pass to siblings.

• No close relatives: More distant relatives may inherit.

If no eligible relatives are found, the estate may eventually go to the State of Utah.

Who Decides How the Estate Is Handled?

Without a will:

• The court appoints a personal representative (executor)

• Family members may disagree about who should be in charge

• The process usually takes longer and costs more

With a will, you choose who manages your estate. Without one, the court decides. A probate attorney in Salt Lake City can help guide families through this process when disputes arise.

Does the Estate Still Go Through Probate?

Yes.

Probate is required whether or not there is a will, but intestate estates usually take longer because:

• Heirs must be identified

• Relationships must be proven

• Disputes are more common

Probate records are also public. Working with a Utah probate attorney can help keep the process organized and compliant with state law.

What Problems Can Arise Without a Will?

Dying without a will can lead to:

• Delays in distributing assets

• Family conflict

• Assets going to unintended people

• Higher legal and court costs

• No guardians named for minor children

• No instructions for personal or sentimental items

These issues are often avoidable with basic estate planning and guidance from an estate planning lawyer in Utah.

Can a Will Prevent These Issues?

Yes.

A will allows you to:

• Decide who receives your assets

• Name guardians for children

• Choose who manages your estate

• Reduce confusion and disputes

Even a simple will can make a significant difference, especially when prepared with the help of an experienced Utah estate planning attorney.

Frequently Asked Questions About Dying Without a Will in Utah

Do all assets go through probate if there is no will in Utah?

Not all assets go through probate. Assets held in joint ownership, payable-on-death accounts, or assets with named beneficiaries may transfer outside probate. A probate attorney in Utah can review an estate to determine which assets are subject to probate.

How long does probate take without a will in Utah?

Intestate probate cases often take longer than those with a will. The process may take several months or longer, especially if there are disputes or difficulty identifying heirs.

Can family members change how assets are distributed?

Generally, no. Without a will, the court must follow Utah intestacy laws. Family members cannot override these rules based on personal agreements or verbal wishes.

Should I contact an attorney if a loved one died without a will?

Yes. A Utah probate attorney or estate planning lawyer can help explain your rights, guide you through probate, and ensure legal requirements are met.

What Should You Do If a Loved One Died Without a Will?

If someone has already passed away without a will, an attorney can help:

• Explain your rights under Utah law

• Navigate the probate process

• Resolve disputes

• Ensure the process follows legal requirements

Need Help With Estate Planning or Probate in Utah?

At Aspen Legal Services, we help individuals and families across Utah and Salt Lake City with estate planning and probate matters. Whether you’re planning ahead or handling a loved one’s estate, our estate planning and probate attorneys are here to guide you with clarity and care.

Contact Aspen Legal Services today to get support and answers.