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:  

  • 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.

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. 

  • 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: 

What is an estate? 

What is Probate?

Isn’t going through probate a nightmare?

Do I need probate? 

What if I don’t need probate? 

What about passing on my cars and my boat?

Can I avoid probate? 

What are the risks of Joint Tenancy? 

What is a “Paid on Death” account?

What are the risks of a trust?

How do trusts help?

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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