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Survivorship period. To inherit under Utah's intestate succession statutes, a person must outlive you by 120 hours. So, if you and your brother are in a car accident and he dies a few hours after you do, his estate would not receive any of your property. (Utah Code § 75-2-104.)
Key Takeaways. Divvying up your estate in an equal way between your children often makes sense, especially when their histories and circumstances are similar. Equal distribution can also avoid family conflict over fairness or favoritism.
Your spouse will inherit the first $75,000 of your intestate property, and half of what remains of your intestate property after that. Your descendants will then inherit everything else. In Utah, the value of non-probate transfers count as part of the intestate estate.
Probate is required if: the estate includes real property (land, house, condominium, mineral rights) of any value, and/or. the estate has assets (other than land, and not including cars) whose net worth is more than $100,000.
Children in Utah Inheritance Law Intestate Succession: Spouses and ChildrenInheritance SituationWho Inherits Your PropertyChildren but no spouse? Children inherit everythingSpouse but no descendants? Spouse inherits everythingSpouse and descendants from you and that spouse? Spouse inherits everything1 more row ?
Selling a House with Multiple Inheritors in Utah: If the inherited property has multiple heirs, the majority can decide to sell the house by filing a lawsuit of partition action in the state probate court of Utah.
Parent and child relationship. Inheritance from or through a child by either natural parent or the child's kindred is precluded unless that natural parent has openly treated the child as the natural parent's, and has not refused to support the child.
Step-siblings would only fit into sibling intestate succession if they were legally adopted by the parent of the decedent, thus having become their legal sibling. Usually, siblings will each be given an equal share of the Estate through probate court.