Does a surviving spouse have any special rights to an intestate estate?

In Utah, a surviving spouse takes precedence over any other heirs when it comes to intestate succession law. This means that if an individual dies without leaving a will (intestate), their assets will go to their surviving spouse first. Surviving spouses can inherit up to 100% of the estate in some cases. In other cases, the surviving spouse may only inherit a portion of the estate. If there are no other living heirs, the surviving spouse has the right to inherit the entirety of the intestate estate. If there are other living heirs, such as children, the surviving spouse has the right to a portion of the estate set forth in Utah’s Intestate Succession law. This portion is typically half of the intestate estate, although it could vary based on certain factors. In addition, surviving spouses are also entitled to certain property that isn’t included in the intestate estate. This includes a life estate, which gives the surviving spouse the right to use the decedent’s real property for their lifetime. Surviving spouses may also receive an allowance from the intestate estate for their support during the probate period. In summary, surviving spouses in Utah have special rights to an intestate estate. These rights can include a portion of the intestate estate, a life estate, and an allowance for support during the probate period.

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Does a surviving spouse have any special rights to an intestate estate?

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