Skip to contentSkip to Search and the menu

Dying Without a Will

Utah Code 75-2-102 — the spouse takes all, or the first $75,000 and half

A surviving spouse takes the entire estate when the person who died left no descendants, or when all of the surviving descendants are also the spouse's.

Email

Who handles this in Utah: legal aid programs and the state offices, listed in the Utah directory.

When one or more of the person's surviving descendants are not the spouse's, the spouse takes the first $75,000 plus 1/2 of the balance.

  • What does not pass to a spouse passes to the person's descendants.
  • With no descendant, it goes to the parents equally, or to the surviving one.
  • With no descendant or parent, it goes to the parents' descendants, and then to grandparents and their descendants, half on each side.
Sources for this section (2)
  1. Utah Code 75-2-102 — Intestate share of spouse
  2. Utah Code 75-2-103 — Share of heirs other than surviving spouse

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Utah attorney.

From here