Is the surviving spouse always entitled to a share of the estate?

In the state of Utah, the surviving spouse is not always entitled to a share of the estate when the deceased dies without a will (intestate). Intestate succession law in Utah dictates how the estate is divided among the survivors, and it varies based on whether the deceased has any children or descendants. If the deceased does not have any children or descendants, then the entire estate is distributed to the surviving spouse. However, if the deceased does have children or descendants, then the estate will be split between the surviving spouse and the children or descendants. The surviving spouse will receive two-thirds of the estate and the remaining one-third will go to the children or descendants. In the event the deceased has children or descendants from another marriage, the surviving spouse will still receive two-thirds of the estate. The other one-third will be split evenly among the surviving children and descendants from the other marriage, even if the surviving spouse is not related to them. So, to answer the question, the surviving spouse is not always entitled to a share of the estate when a person dies without a will in Utah. It all depends on whether or not the deceased had any children or descendants.

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Is the surviving spouse always entitled to a share of the estate?

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