Giving away Property upon Death (Probate)
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:
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If only your spouse survives you, your spouse gets entire estate.
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If only your children (issue) survive you, they get entire estate, split equally among them.
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If both spouse and children survive you:
if all your children are children of your surviving spouse, your surviving spouse gets your entire estate.
OR
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.
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If only your parent(s) survive you, your parent(s) get your entire estate.
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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:
Isn’t going through probate a nightmare?
What about passing on my cars and my boat?
What are the risks of Joint Tenancy?
What is a “Paid on Death” account?
What are the risks of a trust?
What if I can’t afford a lawyer?
What should a handwritten will say?
To see all the questions and answers, click here.
The information in this site is not intended as legal advice.
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