When considering estate planning, you may have heard the phrase “intestate succession.” If so, you most likely have also heard that you should try and avoid it. It is important to understand what intestate succession is and how it works.
If you die without a will, trust, or other estate planning directive, the law of intestate succession will determine who gets your property. Intestate succession does not apply to property you left behind that was jointly owned by someone who survived you, and it does not apply if your property is held in a trust or you have a valid will.
The following gives a brief summary of Utah intestate succession law:
Spouse and Children
If your spouse is the only family member that survived you, your spouse will get your entire estate. If your spouse has already passed away and only your children survive you, they will get the entire estate, and it will be split up equally among them. If your spouse and your children survive you and all the children are the children of your surviving spouse, your spouse gets your entire estate. If your spouse and your children survive you and any of the children are children of a person other than your surviving spouse, your surviving spouse gets the first $75,000 of your estate plus half of the remainder and all your children split the other half.
Parents
If only your parents survive you, your parents get your entire estate. If neither your spouse, children, nor parents survive you, your estate goes to your siblings. If your siblings have passed away, your estate goes to your nieces and nephews. If there are no surviving siblings or nieces and nephews, your grandparents and their issue will inherit your estate.
The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.