What happens if you die without a will?

What happens if you die without a will in Utah? State laws decide who inherits your assets, which may not reflect your wishes. This can lead to delays, legal costs, and unintended beneficiaries. Protect your family and avoid uncertainty—Stone River Law can help you create a will today.
attorney meeting with client at desk

Why You Need a Will in Utah

Planning for the future is crucial, but it’s easy to put off. Many people delay creating a will, thinking it will be difficult. However, dying without one can cause significant stress and challenges for your loved ones. At Stone River Law, we make sure your wishes are honored and your family is protected. Learn why having a will is essential and how our team can help you secure peace of mind.

A will does more than distribute your assets—it protects your legacy and ensures your loved ones are cared for according to your wishes. Without a will, Utah’s intestate succession laws decide how to distribute your assets, and this may not match your intentions.

Avoid Intestate Succession

When someone dies without a will, they die “intestate.” In Utah, intestate succession laws determine how assets are divided, usually prioritizing close family members. But this process can be complex and may not reflect your personal wishes.

  • Spouse Only: If you leave a spouse but no children, your spouse inherits everything.
  • Spouse and Children: If your spouse is the parent of all your children, they inherit everything. If you have children from a previous relationship, your assets are divided between your spouse and children, according to the law.
  • Children Only: If you have no spouse, your children inherit equally, including biological and adopted children.
  • Parents: If no spouse or children survive you, your parents inherit your estate equally.
  • Siblings: If your parents are deceased, your siblings inherit. If a sibling has passed, their share goes to their children.
  • Extended Family: Without close family, distant relatives like cousins or nieces inherit.

Consequences of Dying Without a Will

Dying intestate can create several issues for your family:

  • Delays: The probate process takes longer, delaying asset distribution.
  • Higher Costs: Appointing an administrator adds legal fees and costs.
  • Unintended Beneficiaries: Laws may direct your assets to people you didn’t intend to benefit.
  • Family Disputes: Without clear instructions, disputes over inheritance can arise.
  • Guardianship Issues: If you have minor children, the court decides their guardianship, which may not align with your wishes.

How Stone River Law Can Help

Creating a will is a critical step in ensuring your family’s future. At Stone River Law, we offer personalized consultations and comprehensive estate planning to meet your needs. Our services include:

  • Will Drafting
  • Trusts and Estate Planning
  • Probate Assistance
  • Ongoing Support

Secure Your Legacy with Stone River Law

Don’t leave your family with uncertainty. Contact Stone River Law today for a consultation. Let us help you create a will and an estate plan that gives you and your loved ones peace of mind.

Originally Published: June 12, 2024

Related Articles

Defense Strategy in Utah Misdemeanor Cases
A misdemeanor charge is less serious than a felony charge, but still carries potentially significant penalties, including jail time. A misdemeanor...
October 22, 2024
Utah Expungement Lawyers
What is an expungement? An arrest or a criminal conviction can stay on a person’s record forever. An expungement can change that. An expungement is...
October 21, 2024
Summit County Jail, Utah
The Summit County Jail typically houses individuals who have been recently arrested, who are waiting for trial or resolution on a pending case, or...
October 21, 2024

Ready to explore our other articles?

You might be interested in...
What is the difference between a living will and a living trust?
Although the two terms are similar, they refer to very different estate planning tools. A living will allows a person to state end-of-life medical...