What the rule says
Utah's intestacy framework follows the Uniform Probate Code. Under Utah Code § 75-2-102:
- Spouse and all descendants are mutual: The spouse takes the entire estate. - Spouse and at least one descendant from prior relationship: The spouse takes the first $75,000 plus one-half of the balance. - Spouse but no descendants: The spouse takes the entire estate. - Descendants but no spouse: Descendants take the entire estate by representation.
What this means in practice
- Utah resident dies without a will, leaving a surviving spouse and three mutual children. Estate $400,000. Spouse takes the entire $400,000. - Utah resident dies without a will, leaving a surviving spouse and one child from prior relationship. Estate $400,000. Spouse takes $75,000 + 50% of $325,000 = $237,500. Child takes $162,500.
Utah's framework is among the more spouse-favorable for mutual-descendants families.
What you can do about it
- Utah will requirements (Utah Code § 75-2-502). A will must be in writing, signed by the testator, and signed by two witnesses. - Utah recognizes harmless-error doctrine under § 75-2-503. - Utah recognizes holographic wills under § 75-2-502(2). - Self-proving affidavits are recognized. - Beneficiary designations override intestacy. - Spousal election. Under Utah Code § 75-2-202, surviving spouse can elect against the will.
Who this affects most
Utah's intestacy formula is most consequential for married Utah residents in mutual-descendants families (favorable) and blended families with the $75,000 floor.