If a person dies without a will in Utah, their assets go to the closest relatives. But how much does a deceased person’s spouse get? Here are things to know about intestate share of a spouse, according to an estate attorney from Utah Senior Planning.
Surviving Spouse but No Descendants
The entire intestate estate may go to the surviving spouse if the decedent has no surviving descendants. The spouse gets everything that would have gone through a will.
Spouse and Descendants from Decedent and That Spouse
A spouse may also inherit everything if the decedent’s descendants are also their descendants. All the deceased person’s surviving descendants must also be descendants of the inheriting spouse.
Spouse and Descendants from Decedent’s Previous Relationships
A surviving spouse may not inherit the entire intestate estate if there are descendants from the decedent and another person. The surviving descendants who are not the surviving spouse’s descendants may be one or more.
The surviving spouse is entitled to the first $75,000. They also get half of any balance of the estate. The surviving descendants then inherit everything else.
Other Laws When Spouse and Other Heirs Inherit
When a spouse splits property with other heirs, non-probate transfers to that spouse may be added to the probate estate. Any non-probate transfer received by the spouse is regarded as an advancement. The value of that transfer is then deducted from the surviving spouse’s intestate share.
Protecting Your Spouse
A spouse may inherit much less if non-probate assets become part of an intestate estate. Talk to an estate attorney in Utah about the best way to protect your spouse.
Under Utah’s intestate succession, who inherits what depends on who survives the decedent. What a living spouse inherits depends on whether or not the decedent has living descendants. Those descendants often include children, grandkids, or great-grandkids.