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Mar 12, 2026|Will

What Happens If I Die Without a Will?

What Happens If I Die Without a Will?

No one likes to think about passing away. However, planning for the future is one of the most important things you can do for your family. You’ve worked hard for your home and savings, so you should get to decide who gets these things when you’re gone. Murphy & Murphy Law understands estate planning and can assist you throughout the process. We help families in Kaysville, UT, create clear, legal documents that provide peace of mind about the future.

Legal guide on Will

What Is a Will?

A will is a legal document that gives instructions about how you want your property and assets handled after you die. It allows you to name a specific person, called an executor, to manage your estate. This person pays your final bills and ensures your items go to the right people. Perhaps most importantly for parents, a will allows you to name a guardian for your minor children. If you don’t have a will, a judge will decide who raises your kids. You deserve to make that choice, and a will enables you to do so.

Why You Need a Will in Utah

There are many reasons to have a will, with control being among the most significant. A will puts you in the driver’s seat, allowing you to give specific gifts to friends, family, or charities.

Without a will, you’ll have no say in the matter. Instead, Utah laws will dictate who gets your property, which might not match what you would have done. For example, if you have stepchildren that you want to treat the same as biological children, state laws might require a legal document expressing these wishes.

Understanding Intestate Succession Laws

When someone passes away without a will, it’s called “dying intestate.” In this circumstance, Utah uses “intestate succession” to divide the property. These laws act like a default will for anyone who didn’t write their own. Here’s a general look at how the state usually divides property if there’s no will:

  • If You’re Married With No Children – Your spouse generally gets everything.
  • If You’re Married With Children, Who Are Also Your Spouse’s Children – Your spouse typically gets everything.
  • If You’re Married With Children From a Different Relationship – Your spouse usually gets the first $75,000 of your intestate estate, plus half of the remaining balance. Your children from the other relationship split the rest.
  • If You’re Not Married But Have Children – Your children split everything equally.
  • If You Have No Spouse and No Children – The property goes to your parents. If they’re gone, it goes to your siblings.

This hierarchy continues to more distant relatives if necessary. If no family can be found, your property could be transferred to the state.

The Consequences of Dying Without Establishing a Will

Dying without a will can cause significant problems for the people left behind. An estate without a will is often harder to manage than one with clear instructions. Consequences include:

  • Loss of Control – You cannot decide who gets your jewelry, your car, or your family heirlooms. The state uses a strict formula instead.
  • Family Disputes – When instructions aren’t clear, families often fight. Siblings might argue over who gets the house or who should be in charge, which can ruin relationships.
  • Higher Costs – The legal process for an intestate estate can be more expensive. It often involves more court supervision and higher legal fees, leaving less money for your heirs.
  • Delays – It takes time for the court to appoint an administrator to handle your estate. Your family might not have immediate access to funds for bills or funeral costs.
  • Unintended Heirs – What happens to property if no will exists? It might go to a relative you didn’t get along with, simply because the law says they’re next in line.

Benefits of Having a Will in Place

Creating a will is one of the kindest things you can do for your family. It removes the guesswork during a time of grief. Here are the key benefits:

  • You Choose the Guardian – You decide who raises your children if you’re gone.
  • You Pick the Executor – You choose a trusted person to handle your business.
  • Specific Gifts – You can leave specific items to specific people.
  • Faster Process – Probate is usually smoother and faster with a will.
  • Tax Planning – A good estate plan can help reduce taxes and fees, saving more money for your loved ones.
  • Peace of Mind – You can sleep better knowing that you have a plan.

Why You Should Choose Murphy & Murphy Law

Murphy & Murphy Law focuses on helping families in Utah protect their legacies. We know that every family is different, so we’ll listen to your goals and answer your questions in plain English. Whether you have a large estate or just a few treasured belongings, our attorneys will help you avoid the pitfalls of dying without a will by building a plan that works for you.

Contact Our Attorneys in Utah Today

The future is unpredictable, but your estate plan doesn’t have to be. If you have questions about what happens if you die without a will or if you’re ready to start drafting documents, Murphy & Murphy Law is here for you in Utah. Contact us today to schedule a consultation.

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