Life gets busy. Between work, family, and everything else demanding your attention, estate planning has probably been pushed to the bottom of your to-do list. You’re not alone—many people put it off, thinking they have plenty of time to figure it out.
But here’s the thing: What happens if you don’t have a will? If something unexpected were to happen, Utah’s intestate laws decide what happens to your property, your money, and—if you have kids—who takes care of them. The state follows a strict formula that may not match what you actually want.
If you’ve been meaning to get your estate in order but haven’t gotten around to it, this is your chance. Let’s break down what happens if you die without a will and why now is the time to make a plan.
Understanding the Basics
What is a Will?
A will is a legal document that outlines how a person’s assets will be distributed after their death and can also designate guardians for minor children.
Many people use both a will and a trust to create a comprehensive estate plan that protects their assets and simplifies the process for their loved ones. Wills and trusts are tools—both help manage and distribute your assets, but each has unique benefits. A knowledgeable estate planning attorney will first help you clarify your goals, then guide you in selecting the right tools to protect your assets and minimize complications.
What is Probate Law?
Probate law is the legal process of settling a person’s estate after they pass away. It ensures a will is valid and appoints an executor to handle debts, taxes, and distributing assets to beneficiaries. If there’s no will, the court follows Utah’s intestate laws to decide who gets what. Probate can be time-consuming and complicated, so having a clear estate plan—including a will—can help make things much easier for your family.
What Happens if I Don’t Have a Will?
What Happens to Your Assets?
Without a will, Utah’s intestate laws determine how your assets are distributed. The process looks like this:
If You’re Married…
If you have no children (or only children with your current spouse), your spouse inherits everything. If you have children from a previous relationship, your spouse gets half, and your children share the rest.
If You Have Kids but No Spouse…
Your children inherit everything, divided equally.
If You Have No Spouse and No Kids…
Your estate goes to your parents. If your parents are deceased, your siblings inherit everything. If no close relatives are found, the state looks further down the family tree.
If No Family Can Be Found…
Your assets go to the state of Utah. This is rare, but it happens if no legal heirs exist. If you don’t like the idea of the state deciding where your money and property go, having a will is the easiest way to prevent this.
What About Your Kids?
If you have minor children, not having a will creates even bigger problems. Without a designated guardian, a Utah court will decide who raises them.
The court usually picks a family member, but that doesn’t mean they’ll choose the person you’d want. If there’s a disagreement among relatives, it can turn into a long, emotional legal battle.
By writing a will, you decide who will care for your kids—not the courts.
What About Your Home, Bank Accounts, and Retirement Funds?
Dying without a will means probate court steps in to handle your estate. This means:
- The court appoints someone to manage your assets (this could be a family member, or the court could assign a third party).
- The probate process can take months or even years, delaying access to assets your family may need.
- Your debts and taxes must be paid first, with the remaining assets split according to Utah law.
Even simple things—like who gets sentimental family items or your car—are decided by the state’s formula, not your personal wishes.
Why Not Having a Will Costs More in the Long Run
Some people assume that not having a will just means their family will “figure it out.” But in reality, dying without a will can lead to:
- Delays – Probate can take months (or longer), leaving your loved ones waiting for access to money or property.
- Unnecessary Costs – Court fees, legal expenses, and administrative costs can reduce the inheritance your family receives.
- Family Disputes – Without clear instructions, disagreements can arise over who gets what, causing stress and conflict.
- More Work for Your Loved Ones – Sorting out an estate without a will is time-consuming, complicated, and emotionally exhausting.
Getting a Will is Easier Than You Think
If reading this makes you think, “I really should take care of this,” don’t worry—you’re not alone, and it’s easier than you might expect.
- Make a List – Who should inherit your assets? Who should care for your kids? Write it down.
- Talk to an Attorney– A Utah estate planning attorney can help create a simple, legally valid will that protects your family.
- Consider a Trust – A revocable living trust can help your family avoid probate and keep things simple.
- Keep It Updated – Life changes, kids grow up, finances shift, so review your will every few years.
Don’t Let the State Decide for You
If you’ve been putting off estate planning because it feels overwhelming, now is the time to take control. Without a will, the state makes the decisions for you—and they may not be what you would have chosen.
The good news? Creating a will is easier than you might think—and it’s one of the best ways to ensure your loved ones are taken care of, no matter what. A will gives you control over what happens to your assets and spares your family from unnecessary stress and uncertainty during an already difficult time.
If you’ve been putting it off, you’re not alone—but taking this simple step now can bring lasting peace of mind. Contact our team today to get started and take the first step toward securing your legacy.
