UT state guide
Utah estate risk overview
This guide explains how estate outcomes work in Utahwhen there is no plan. We cover intestacy rules, probate flow, guardianship defaults, and tax exposure in clear, educational language.
Snapshot
Key default outcomes
- Intestacy laws determine who receives assets.
- Probate court oversees the estate and public filings.
- Guardianship for minors is court-appointed if needed.
- State and federal tax rules may apply to larger estates.
What happens without a will
Utah intestacy gives the surviving spouse the entire estate in some cases, or a $75,000 set-aside plus one-half when the decedent has descendants not shared with the spouse.
- If there are no descendants or all descendants are also the spouse's, the spouse inherits the entire intestate estate.
- If one or more descendants are not the spouse's, the spouse receives $75,000 plus one-half of the balance.
- Any remaining estate passes to descendants per capita at each generation, then to parents, then to descendants of parents in statutory order.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Probate process
Utah allows collection of personal property by small estate affidavit when the estate is under a statutory cap and contains no real property.
- The estate must be under $100,000 in total value and contain no real property.
- At least 30 days must pass after death.
- No application for appointment of a personal representative can be pending.
- Utah's small-estate affidavit is limited to estates with no real property.
Estate and inheritance tax exposure
Utah's inheritance tax was eliminated after December 31, 2004, and Utah does not require inheritance tax returns.
- Utah's inheritance tax ended after December 31, 2004.
- Utah inheritance tax returns are not required.
- With no state death tax, tax exposure is primarily federal when the estate exceeds the federal exemption.
Guardianship for minors
Utah allows parents to appoint a guardian by will or written instrument, with the last parent to die's appointment having priority.
- A parent may appoint a guardian of an unemancipated minor by will or written instrument.
- An appointment becomes effective upon filing acceptance if both parents are dead or the surviving parent is adjudged incapacitated.
- If both parents are dead, the appointment by the parent who died later has priority.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
Risk areas
Explore estate risk dimensions in Utah
Intestacy risk
How assets are distributed when there is no will and state default rules control the outcome.
Probate risk
Court-supervised estate process, timing, cost exposure, and public record requirements.
Tax exposure
State estate or inheritance tax rules and how they interact with federal thresholds.
Guardianship risk
How courts appoint guardians for minors when no plan is in place.
Complexity triggers
Scenarios that increase estate risk, such as blended families or multi-state property.
Common mistakes in Utah
- Assuming a spouse automatically receives everything under state law.
- Leaving guardianship decisions to the court by default.
- Ignoring probate timelines, creditor notices, or court filings.
- Failing to coordinate beneficiary designations with estate intent.
- Assuming no tax filings are required because the state has no estate or inheritance tax.
Who is most exposed
Higher default risk in Utah
- Families with minor children or dependents.
- Blended families or second marriages.
- Households with property in more than one state.
- Business owners without succession instructions.
Next: explore planning options in Utah
EstateRiskIQ does not provide legal advice. We highlight how default outcomes work so you can decide whether to explore professional guidance or planning tools.