What Happens if You Pass Away Without a Will?

There are many reasons to draft an estate plan. Perhaps the most important one is so you can control your possessions and what happens to them after you pass away. If you do not have basic estate planning documents, such as a will, your spouse, children, and other loved ones may receive property that does not align with your wishes. Or, certain loved ones may not receive any property at all. So, what will happen if you pass away without a will? Our Utah estate planning lawyer explains below.

The Intestate Succession Laws Will Apply

Many people mistakenly believe that if they do not have a will when they pass away, their belongings will go to the state. This is only true for those who pass away without a will and do not have any surviving relatives. However, if you die without a will, state law does dictate how your property will be distributed. These are known as the intestate laws and in Utah, these are as follows:

Your spouse will inherit your entire estate if you do not have any surviving children or parents.
If you have children or grandchildren as well as a surviving spouse, your spouse will receive the first $75,000 of your estate and half of the remaining balance. Your children and grandchildren will receive the other half.
If you have children or grandchildren but no surviving spouse, your property will be distributed equally among your descendants.
Without a surviving spouse or descendants, your parents will inherit your entire estate if they are still alive.
If you do not have a surviving spouse, descendants, or parents, your siblings will inherit your entire state.

You Cannot Appoint Trusted Individuals

When many people first think of wills, they mainly think of how these documents distribute their property after they pass away. Wills do much more than that, though. They also allow you to name trusted individuals to fill important roles after you pass away.

One of these roles is your personal representative. This individual is responsible for administering your estate after you pass away. Your personal representative inventories and values your assets, pays your debts, and ultimately distributes your property to your beneficiaries according to the instructions in your will.

Maybe even more importantly, your will also allows you to name a guardian for your minor children. If you do not name this individual, the decision will be left to the courts and the person they choose may not align with your wishes.

Our Estate Planning Lawyer in Utah Can Draft Your Will

While life does not follow a specific template, the intestacy laws in Utah do. While these laws work for some, they rarely correspond with real people and their priorities. At AGS Law, our Utah estate planning lawyer can draft your will, help you customize your plan, reduce fees and taxes, and update your document as your life situation changes. Call us now at 801-477-6144 or contact us online to schedule a consultation and to learn more about how we can help with your case.

Source:

le.utah.gov/xcode/Title75/Chapter2/C75-2-P5_1800010118000101.pdf