What would happen if you die leaving property that requires a probate, but you have no will? The law of "intestate succession" determines who gets the property of someone who has no testament. Here are the rules:
If only your spouse survives you, your spouse gets entire estate.
If only your children (issue) survive you, they get entire estate, split equally among them.
If both spouse and children survive you:
if all your children are children of your surviving spouse, your surviving spouse gets your entire estate.
if any of your children are children of a person other than your surviving spouse, your surviving spouse gets the first $50,000 of your estate plus half of the remainder; all your children split the other half.
If only your parent(s) survive you, your parent(s) get your entire estate.
If neither spouse, nor issue, nor parents survive you, your estate goes (in the order listed) to: (1) your brother(s) & sister(s) or their issue; (2) your grandparents or their issue; (3) Utah Uniform School Fund.
Other frequently asked questions about Probate are:
To see all the questions and answers, click here.
The information in this site is not intended as legal advice.
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