Utah
Utah Probate and Intestate Succession: What Happens Without a Will (2026)
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 11 primary sources cited on this page. How we verify our legal content
Utah probate runs through the state's District Courts rather than a separate probate court, and most estates use the informal, no-hearing appointment process available because Utah has adopted the Uniform Probate Code.
Information last verified on 2026-07-16. This article has not yet been reviewed by a licensed lawyer.
How Probate Works in Utah
Utah does not have a separate probate court. Probate matters are heard in Utah's District Courts, the state's trial courts of general jurisdiction, which have full subject-matter jurisdiction over decedents' estates, will construction, and heir determination under Utah Code § 75-1-302.
Because Utah has adopted the Uniform Probate Code, it offers the two-track system that distinguishes UPC states from states like Tennessee or Texas. Informal probate, governed by Utah Code § 75-3-301 and following sections, is the most common path. An applicant files with the court registrar, a court official rather than a judge, and no hearing is required before the registrar appoints a personal representative, so long as the application is complete and no will contest is apparent on its face. Filing an application for informal probate carries no fixed waiting-period bar of its own. Once the registrar makes the required findings, the registrar issues the written statement of informal probate, appointing the personal representative, after 10 days have elapsed since the notice required by Utah Code § 75-3-306 to interested persons, or, if every person entitled to that notice has waived it in writing, after only 120 hours, five days, have elapsed since the decedent's death.
Formal probate, covered in Part 4 of the same chapter, involves an actual judge, formal notice to interested persons, and a court hearing before an order is entered. Families use this track when a will is contested, when heirs disagree about who should serve as personal representative or how the estate should be handled, or when someone specifically wants ongoing court supervision, for example to protect a beneficiary who cannot manage their own affairs. A case can also move from informal to formal proceedings mid-administration if a dispute arises after the registrar's initial appointment.
Once a personal representative is appointed, whether informally or formally, the creditor claims period generally runs three months from the date of first publication of notice to creditors. A known creditor who is given direct written notice by mail or other delivery instead has until 90 days from the published notice, or 60 days from the mailing or other delivery of that written notice, whichever of those two is later, under Utah Code § 75-3-801. Utah Code § 75-3-803 sets a separate outer bar of one year after death on presenting any claim and folds those more specific publication-notice and actual-notice deadlines back into § 75-3-801 rather than stating them itself. In practice, a simple, uncontested informal probate in Utah commonly closes in about four to six months. Contested or more complex estates, particularly those routed through formal probate, can take a year or more.
Intestate Succession in Utah: Who Inherits Without a Will
When a Utah resident dies without a valid will, Utah Code § 75-2-102 sets the order of inheritance, and it does not ask what the deceased actually wanted.
If all of the decedent's surviving descendants are also descendants of the surviving spouse, or the decedent has no surviving descendants at all, the surviving spouse inherits the entire intestate estate. That covers the most common situation: a married couple whose children, if any, belong to both of them. The rule changes when one or more surviving descendants are not also descendants of the surviving spouse, for example children from a previous relationship. In that case, the surviving spouse takes the first $75,000 of the estate plus one-half of whatever balance remains, and the decedent's descendants divide the rest. Utah is not a community property state, so unlike Texas, there is no separate community-versus-separate-property split to work through; these shares apply to the estate as a whole under standard separate-property rules.
If there is no surviving spouse or descendant, Utah Code § 75-2-103 sends the estate to the decedent's parents, split equally if both survive or entirely to the survivor if only one does. If no parent survives, the estate passes to the descendants of the decedent's parents, meaning siblings and their own descendants, divided per capita at each generation, a method that treats people at the same generational distance from the decedent equally regardless of how many relatives are ahead of them in another branch. If no one qualifies at that level, the statute continues to the decedent's grandparents and their descendants. Utah then reaches one step further than most states' ladders: if no taker is found at any of those levels, Utah Code § 75-2-103(1)(f) passes the estate to the surviving descendants of the decedent's deceased spouse, in other words the decedent's stepchildren, again per capita at each generation, with the estate divided into equal shares if more than one deceased spouse left surviving descendants. Only when no taker can be found through any of these levels does the estate escheat to the State of Utah, which is rare in practice.
One way to make sure your property goes to the people you actually choose, rather than following Utah's intestate succession order, is to have a valid will in place. recordinglaw.com's free Utah Last Will and Testament Generator can help you create one, with no account required.
Small Estate and Simplified Probate in Utah
Utah's small estate affidavit, under Utah Code § 75-3-1201, lets a successor collect the decedent's personal property directly, without filing anything in court, when the value of the entire estate, minus liens and encumbrances, does not exceed $100,000. The affidavit is only available once at least 30 days have passed since the date of death, and only if no application for a personal representative is pending or has already been granted. Up to four vehicles, boats, or trailers are excluded from the $100,000 cap entirely, which can meaningfully help estates that are otherwise close to the threshold. For thresholds, waiting periods and forms, see our guide to the Utah small estate affidavit.
Because the affidavit does not require a court filing, it is generally faster and cheaper than even Utah's informal probate track, and it is well suited to estates made up mainly of a bank account, personal belongings, and perhaps a vehicle.
Filling In Utah's Section 75-3-1201 Affidavit
Utah's small estate affidavit lets a successor collect the decedent's personal property without filing anything in court once 30 days have passed and no personal representative application is pending or granted. If you have the affidavit as a PDF, PDFelement is paid software that can fill in its fields and edit text, and its OCR can turn scanned bank statements into searchable text while you total the estate. An e-signature in PDFelement does not make the affidavit valid by itself and does not replace any notary or witness step that applies.
Learn More About PDFelementAffiliate disclosure: if you sign up through this link we may earn a commission, at no extra cost to you. Learn more
Utah has no state estate tax and no state inheritance tax; Utah's own inheritance tax act has been repealed, according to the Utah State Tax Commission. Only the federal estate tax could apply to a Utah estate, and for 2026 that tax reaches only estates above a $15,000,000 per-person exclusion, confirmed on IRS.gov, so it affects a small share of Utah estates.
Do You Need a Probate Attorney?
Many straightforward Utah estates, particularly those that qualify for the small estate affidavit or that move through informal probate without objection, are genuinely manageable without hiring a lawyer, since Utah's Uniform Probate Code framework was built with that kind of administrative simplicity in mind. When a will is contested or heirs disagree over who should serve as personal representative, ask a Utah probate attorney for a free case evaluation on the formal probate those disputes call for (attorney advertising). For how probate works in other states, see Probate by State.
Disclaimer
This article provides general information about probate and intestate succession in Utah as of the verification date above. It is not legal advice and does not create an attorney-client relationship. It is not a substitute for advice from a probate attorney licensed in Utah, particularly for a contested estate, a business interest, a blended family, or an estate large enough to raise a federal estate tax question. Figures, thresholds, and program details change; verify current details directly with the official source before relying on any figure here.
Last updated: 2026-07-16. Figures and statutes cited reflect their in-force version as of 2026-07-16.
More Utah Laws
Frequently Asked Questions
What court handles probate in Utah?
Utah has no separate probate court. The District Court, Utah's general trial court, hears probate matters under Utah Code § 75-1-302.
What is informal probate in Utah?
Informal probate is Utah's default, no-hearing process. A court registrar appoints the personal representative administratively once the registrar issues the statement of informal probate: 10 days after the notice required by Utah Code § 75-3-306, or, if every person entitled to that notice has waived it in writing, as soon as 120 hours (five days) after death. Utah Code § 75-3-302.
When is formal probate needed in Utah?
Formal probate, which involves a judge, notice to interested persons, and a hearing, is used when a will is contested, heirs disagree, or a party wants ongoing court supervision. Utah Code Title 75, Chapter 3, Part 4.
What is Utah's small estate affidavit threshold?
$100,000, after subtracting liens and encumbrances, available once at least 30 days have passed since death and no personal representative application is pending. Up to four vehicles, boats, or trailers do not count toward the cap. Utah Code § 75-3-1201.
Who inherits if you die without a will in Utah?
Under Utah Code § 75-2-102, a spouse whose children are also all the decedent's children inherits everything. If a surviving child is from outside that marriage, the spouse takes the first $75,000 plus half the remaining balance, and the descendants split the rest.
Does Utah have an inheritance tax?
No. Utah has no state inheritance tax and no state estate tax; Utah's inheritance tax act has been repealed.
How long does probate take in Utah?
A simple, uncontested informal probate commonly closes in about four to six months. Contested or complex estates, especially those in formal probate, can take a year or more.
Updates
Corrected the description of informal probate to reflect that written notice to heirs and devisees is required, restated the creditor claim deadlines so the 90-day and 60-day periods run from the published notice and the mailed notice respectively, and added the class of heirs (a deceased spouse's descendants) that inherits before an estate escheats to the State of Utah.
Corrected the description of Utah's 120-hour informal-probate rule: it is not a bar on when an application may be filed, but the alternative timing under which the court registrar may issue the statement of informal probate when everyone entitled to notice has waived it in writing (the default is 10 days after notice).
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the spousal intestate share from $50,000 to the current $75,000 (Utah Code 75-2-102) and reattributed the creditor-claims publication/actual-notice deadlines from 75-3-803, which only sets a one-year outer bar and cross-references them, to 75-3-801.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Utah Code, Title 75: Utah Uniform Probate Code
§ 75-3-101Devolution of estate at death -- Restrictions.In force
(1) The power of a person to leave property by will and the rights of creditors, devisees, and heirs to his property are subject to the restrictions and limitations contained in this title to facilitate the prompt settlement of estates. (2) Upon the death of a person his real and personal property devolves to persons to whom it is devised by his last will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of testate estate, or in the absence of testamentary disposition, to his heirs, or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting devolution of intestate estates, subject to homestead allowance, exempt property and family allowance, rights of creditors, elective share of the surviving spouse, and administration.
Official text (excerpt) · last checked 2026-09-06 · Read the full text in our law library · Verify at le.utah.gov
§ 75-2-102Intestate share of spouse.In force
(1) The intestate share of a decedent's surviving spouse is: (a) the entire intestate estate if: (i) no descendant of the decedent survives the decedent; or (ii) all of the decedent's surviving descendants are also descendants of the surviving spouse; (b) the first $75,000, plus 1/2 of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse. (2) For purposes of Subsection (1)(b), if the intestate estate passes to both the decedent's surviving spouse and to other heirs, then any nonprobate transfer, as defined in Section 75-2-206, received by the surviving spouse is added to the probate estate in calculating the intestate heirs' shares and is conclusively treated as an advancement under Section 75-2-109 in determining the spouse's share.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 1994
Opinions citing this section in our collection:
- Matter of Estate of Bartell (Utah Supreme Court 1989, 105 Utah Adv. Rep. 3)“…tate. Utah Code Ann. § 75-2-301 (1978); see Utah Code Ann. § 75-2-102 (l)(a) (1978). After a bench trial, the…”
- Matter of Estate of Beesley (Utah Supreme Court 1994, 883 P.2d 1343)“…surviving issue who are not issue of the surviving spouse. Utah Code Ann. § 75-2-102 . She claims that because the nieces an…”
- Beesley v. Harris (Utah Supreme Court 1994, 249 Utah Adv. Rep. 34)“…surviving issue who are not issue of the surviving spouse. Utah Code Ann. § 75-2-102 . She claims that because the nieces an…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 75-2-103Share of heirs other than surviving spouse.In force
(1) Any part of the intestate estate not passing to a decedent's surviving spouse under Section 75-2-102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals who survive the decedent: (a) to the decedent's descendants per capita at each generation as defined in Subsection 75-2-106(2); (b) if there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent if only one survives; (c) if there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them per capita at each generation as defined in Subsection 75-2-106(3); (d) if there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived on both the paternal and maternal sides by one or more grandparents or descendants of grandparents: (i) half to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent if only one survives, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking per capita at each generation as defined in Subsection…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- In re Estate of William J. Hannifin (Utah Supreme Court 2013, 311 P.3d 1016)“…tail as the Code provisions quoted in paragraph 18. Compare Utah Code § 75-2-103 (2013) with Cope § 74-4-5 (1953).…”
- In re Estate of Heater (Utah Supreme Court 2021, 498 P.3d 883)“…ly among his descendants per capita at each generation. See UTAH CODE § 75-2-103(1)(a). “Descendants” at each generation…”
- Moreno v. Board of Education of the Jordan School District (Utah Supreme Court 1996, 303 Utah Adv. Rep. 20)“…include the right to inherit from a child and vice versa, Utah Code Ann. § 75-2-103 , and the right to maintain an action f…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 75-3-301Informal probate or appointment proceedings -- Application -- Contents.In force
(1) Applications for informal probate or informal appointment shall be directed to the registrar, and verified by the applicant to be accurate and complete to the best of the applicant's knowledge and belief as to the appropriate information required under this section. (2) Every application for informal probate of a will or for informal appointment of a personal representative, other than a special or successor representative, shall contain the following: (a) a statement of the interest of the applicant; (b) the name and date of death of the decedent, the decedent's age, the county and state of the decedent's domicile at the time of death, and the names and addresses of the spouse, children, heirs, and devisees and the ages of any who are minors so far as known or ascertainable with reasonable diligence by the applicant; (c) if the decedent was not domiciled in the state at the time of the decedent's death, a statement showing venue; (d) a statement identifying and indicating the address of any personal representative of the decedent appointed in this state or elsewhere whose appointment has not been terminated; and (e) a statement indicating whether the applicant has…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
§ 75-3-302Informal probate -- Duty of registrar -- Effect of informal probate.In force
After receipt of an application requesting informal probate of a will, the registrar, upon making the findings required by Section 75-3-303 shall issue a written statement of informal probate if at least 10 days have elapsed since the date of the notice required by Section 75-3-306, or if at least 120 hours have elapsed since the decedent's death and all persons entitled to notice under Section 75-3-306 have waived such notice in writing. Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding. No defect in the application or procedure relating thereto which leads to informal probate of a will renders the probate void.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
§ 75-3-306Informal probate -- Notice requirements.In force
(1) The moving party must give notice as described by Section 75-1-401 of his application for informal probate: (a) To any person demanding it pursuant to Section 75-3-204. (b) To any personal representative of the decedent whose appointment has not been terminated. (2) Upon receipt of an application for informal probate of a will, the clerk shall give written notice of the application to the heirs and devisees who have not waived notice. The notice shall include the name and address of the applicant, the name and location of the court in which the application was filed, the date on which the application was filed, and a statement to the effect that the requested probate will be granted after the elapse of 10 days from the date of the notice. The notice shall be delivered or sent by ordinary mail to each of the heirs and devisees at his address as shown on the application. The failure of an heir or devisee to object to the granting of the probate within the prescribed period of time shall not affect his right to petition the court to set the probate aside under Section 75-3-401.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
§ 75-1-302Subject matter jurisdiction.In force
(1) To the full extent permitted by the Constitution of Utah, the court has jurisdiction over all subject matter relating to: (a) estates of decedents, including construction of wills and determination of heirs and successors of decedents, and estates of protected persons; (b) protection of minors and incapacitated persons; and (c) trusts. (2) The court has full power to make orders, judgments, and decrees and take all other action necessary and proper to administer justice in the matters which come before it.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2017
Opinions citing this section in our collection:
- Perry v. McLaughlin (Court of Appeals of Utah 1988, 82 Utah Adv. Rep. 65)“…The district court’s probate jurisdiction is defined in Utah Code Ann. § 75-1-302 (1978): (1) [T]he court has jurisdic…”
- Matter of Estate of McLaughlin (Court of Appeals of Utah 1988, 754 P.2d 679)“…The district court's probate jurisdiction is defined in Utah Code Ann. § 75-1-302 (1978): (1) [T]he court has jurisdic…”
- Torgerson v. Talbot (Court of Appeals of Utah 2017, 414 P.3d 504)“…over all subject matter relating to Decedent’s estate, see Utah Code Ann. § 75-1-302(1)(a), and has also given the district…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 75-3-801Notice to creditors.In force
(1) (a) A personal representative, upon appointment, may publish a notice to creditors announcing the personal representative's appointment and address and notifying creditors of the estate to present their claims within three months after the date of the first publication of the notice or be forever barred. (b) The notice described in Subsection (1)(a) shall be published: (i) once a week for three successive weeks in a newspaper of general circulation in the county; and (ii) in accordance with Section 45-1-101 for three weeks. (2) A personal representative may give written notice by mail or other delivery to any creditor, notifying the creditor to present his claim within 90 days from the published notice if given as provided in Subsection (1) above or within 60 days from the mailing or other delivery of the notice, whichever is later, or be forever barred. Written notice shall be the notice described in Subsection (1) above or a similar notice. (3) The personal representative shall not be liable to any creditor or to any successor of the decedent for giving or failing to give notice under this section.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2005
Opinions citing this section in our collection:
- In Re Estate of Uzelac (Court of Appeals of Utah 2005, 526 Utah Adv. Rep. 33)“…8 First, Wife argues that she qualifies as a creditor under Utah Code sections 75-3-801 to -816, which give priority to her cla…”
- In re the Estate of Anderson (Utah Supreme Court 1991, 176 Utah Adv. Rep. 3)“…consecutive weeks, as required by Utah’s nonclaim statute, Utah Code Ann. § 75-3-801 , but did not give actual notice of the…”
- Tulsa Professional Collection Services, Inc. v. Pope (Supreme Court of the United States 1988, 485 U.S. 478)“…at. Ann. § 14-3801 (1975); Fla. Stat. § 733.701 (1987); Utah Code Ann. § 75-3-801 (1978). The specific nonclaim statut…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 75-3-803Limitations on presentation of claims.In force
(1) All claims against a decedent's estate which arose before the death of the decedent, including claims of the state and any subdivision of it, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by other statute of limitations, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented within the earlier of the following dates: (a) one year after the decedent's death; or (b) within the time provided by Subsection 75-3-801(2) for creditors who are given actual notice, and where notice is published, within the time provided in Subsection 75-3-801(1) for all claims barred by publication. (2) In all events, claims barred by the nonclaim statute at the decedent's domicile are also barred in this state.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 11 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Estate of Huitron v. Kaye (Utah Supreme Court 2022, 517 P.3d 399)“…tort claim, must be ―presented‖ to the decedent‘s estate.1 UTAH CODE § 75-3-803(1). This ―Nonclaim Statute‖ requires th…”
- Nebeker v. Summit County (Court of Appeals of Utah 2014, 771 Utah Adv. Rep. 55)“…resented within . . . one year after the decedent’s death.‛ Utah Code Ann. § 75-3-803(1)(a) (LexisNexis Supp. 2013).6 And Neb…”
- Berneau v. Martino (Utah Supreme Court 2009, 646 Utah Adv. Rep. 30)“…the limits of the [liability] insurance protection only." Utah Code Ann. § 75-3-803 (4)(b). Therefore, because Mr. Berneau'…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 75-3-1201Collection of personal property by affidavit -- Vehicles -- Water shares excluded.In forcecited in 2 of our articles
(1) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property, including an instrument evidencing a debt, obligation, stock, or chose in action, belonging to the decedent shall pay the indebtedness or deliver the tangible personal property, or instrument evidencing a debt, obligation, stock, or chose in action to a person claiming to be the successor of the decedent, upon being presented with an affidavit made by or on behalf of the successor stating that: (a) the value of the entire estate subject to administration, wherever located, less liens and encumbrances, does not exceed $100,000; (b) 30 days have elapsed since the death of the decedent; (c) no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; and (d) the claiming successor is entitled to payment or delivery of the property.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Also relied on in: Utah Small Estate Affidavit: $100,000 Limit, Wait Time and Form
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Sources and References
- Utah Code § 75-2-103 (intestate succession, no surviving spouse or descendant), Utah State Legislature(le.utah.gov).gov
- Utah Code § 75-2-102 (intestate share of surviving spouse), Utah State Legislature(le.utah.gov).gov
- Utah Code § 75-3-1201 (small estate affidavit), Utah State Legislature(le.utah.gov).gov
- Utah Courts, "Small Estates" self-help guide(utcourts.gov).gov
- Utah Code § 75-3-803 (creditor claims outer limit)(le.utah.gov).gov
- Utah Code § 75-1-302 (district court jurisdiction), Utah State Legislature(le.utah.gov).gov
- Utah State Tax Commission, Inheritance Tax(tax.utah.gov).gov
- Utah Courts, Probate self-help guide(utcourts.gov).gov
- IRS, "What's New - Estate and Gift Tax" (2026 basic exclusion amount)(irs.gov).gov
- Utah Code § 75-3-302 (informal probate: registrar's issuance of statement; 120-hour alternative to 10-day notice period), Utah State Legislature(le.utah.gov).gov
- Utah Code § 75-3-306 (informal probate notice requirements), Utah State Legislature(le.utah.gov).gov
- Utah Code § 75-3-801 (notice to creditors; 90-day published-notice and 60-day actual-notice claim periods), Utah State Legislature(le.utah.gov)
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