How can an intestate estate be distributed if there is no will?
In the state of Utah, an intestate estate (or an estate without a will) must be distributed in accordance with the state’s intestate succession laws. This means that the estate is distributed according to the Utah Probate Code or Title 75 of the Utah Code. The laws determine who is eligible to receive a share of the estate and in what proportion. If there is no surviving spouse, the estate will go to the decedent’s children in equal shares. If there are no children, the estate will go to the decedent’s parents, or if the parents are deceased, to the decedent’s siblings. If there are no surviving siblings, the estate will be divided equally among the decedent’s nieces and nephews. If there are no nieces and nephews, the estate will be distributed to the decedent’s grandparents (or the grandparents’ descendants). If there are no surviving grandparents or their descendants, the estate will pass to the closest living relative. If no other relatives can be located, the estate will go to the state. The Utah intestate succession laws can be complicated and it is always in a person’s best interest to create a valid will. This will ensure that the estate is distributed according to the wishes of the decedent. However, if a will is not in place, the state intestate succession laws will determine who gets a share of the estate.
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