Utah Code

Utah Code § 75-2-103 (2026)

Share of heirs other than surviving spouse

✓ current as of May 2026

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Any part of the intestate estate not passing to a decedent's surviving spouse under Section 75-2-102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals who survive the decedent:

to the decedent's descendants per capita at each generation as defined in Subsection 75-2-106(2);

if there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent if only one survives;

if there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them per capita at each generation as defined in Subsection 75-2-106(3);

if there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived on both the paternal and maternal sides by one or more grandparents or descendants of grandparents:

half to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent if only one survives, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking per capita at each generation as defined in Subsection 75-2-106(3); and

half to the decedent's maternal grandparents equally if both survive, to the surviving maternal grandparent if only one survives, or to the descendants of the decedent's maternal grandparents or either of them if both are deceased, the descendants taking per capita at each generation as defined in Subsection 75-2-106(3);

if there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents on the paternal but not the maternal side, or on the maternal but not the paternal side, to the decedent's relatives on the side with one or more surviving members in the same manner as the half described in Subsection (1)(d);

if there is no taker under Subsection (1)(a), (b), (c), (d), or (e), but the decedent has:

one deceased spouse who has one or more descendants who survive the decedent, the estate or part of the estate passes to that spouse's descendants who survive the decedent, the descendants taking per capita at each generation as defined in Subsection 75-2-106(4); or

more than one deceased spouse who has one or more descendants who survive the decedent, an equal share of the estate or part of the estate passes to each set of descendants, the descendants taking per capita at each generation as defined in Subsection 75-2-106(4).

For purposes of Subsections (1)(a), (b), (c), (d), (e), and (f) any nonprobate transfer, as defined in Section 75-2-205, received by an heir is added to the probate estate in calculating the intestate heirs' shares and is conclusively treated as an advancement under Section 75-2-109 to the heir in determining the heir's share.

Notes of Decisions

Cited in 13 cases (1 in the last 5 years), 1982–2021 · leading case: In re Est. of William J. Hannifin, 2013 UT 46 (Utah 2013).

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In re Est. of William J. Hannifin, 2013 UT 46 (Utah 2013). · cites it 8× “Compare UTAH CODE § 75-2-103 (2013) with UTAH CODE § 74-4-5 (1953).”

Kelson v. Salt Lake Cnty., 784 P.2d 1152 (Utah 1989). · cites it 4× “[3] Section 75-2-103 states: (1) The part of the intestate estate not passing to the surviving spouse under section 75-2-102, or the entire intestate estate if there is no surviving spouse, passes as follows: (a) To the issue of the decedent by representation.”

Pierucci v. Pierucci, 331 P.3d 7 (Utah Ct. App. 2014). “§ 75-2-103(1)(a). Descendants are "all of [the decedent's] descendants of all generations," including children.”

In re Est. of Heater, 2021 UT 66 (Utah 2021). “See UTAH CODE § 75-2-103(1)(a). “Descendants” at each generation are first determined by “the relationship of parent and child at each generation.”

Matter of Est. of Beesley, 883 P.2d 1343 (Utah 1994). “§ 75-2-103(3). [8] The nieces and nephew claim that this issue was not raised before the district court and we should not consider it on appeal.”

In re J. P., 648 P.2d 1364 (Utah 1982). “Other rights and responsibilities predicated upon the legal parent-child relationship include the following: (1) child’s right to inherit from parents and vice versa, § 75-2-103; (2) heirs’ right to sue for the wrongful death of an adult, § 78-11-7; (3) parental right to sue for…”

In re Est. of John Clifford Heater, 2020 UT App 70 (Utah Ct. App. 2020). “§ 75-2-103(1)(a) (Supp. 2018). The Probate Code further defines “Descendant” as “all of [the decedent’s] descendants of all generations, with the relationship of parent and child at each generation being determined by the definition of child and parent contained in this title.”

Moreno v. Bd. of Educ. of the Jordan Sch. Dist., 926 P.2d 886 (Utah 1996). · cites it 2× “Other residual parental rights include the right to inherit from a child and vice versa, Utah Code Ann. § 75-2-103 , and the right to maintain an action for the 'wrongful death of a child, Utah Code Ann.”

Beesley v. Harris, 883 P.2d 1343 (Utah 1994). “§ 75-2-103(3). . The nieces and nephew claim that this issue was not raised before the district court and we should not consider it on appeal.”

In re Est. of William J. Hannifin, 2013 UT 46 (Utah 2013). · cites it 4× “Compare UTAH CODE § 75-2-103 (2013) with UTAH CODE § 74-4-5 (1953).”

Moreno v. Bd. of Educ. of Jordan Sch., 926 P.2d 886 (Utah 1996). · cites it 2× “Other residual parental rights include the right to inherit from a child and vice versa, Utah Code Ann. § 75-2-103 , and the right to maintain an action for the wrongful death of a child, Utah Code Ann.”

Show all 13 citing cases →

— Utah Code § 75-2-103(1)(a) — 6 cases

In re Est. of William J. Hannifin, 2013 UT 46 (Utah 2013). “Compare UTAH CODE § 75-2-103 (2013) with UTAH CODE § 74-4-5 (1953).”

Pierucci v. Pierucci, 331 P.3d 7 (Utah Ct. App. 2014). “§ 75-2-103(1)(a). Descendants are "all of [the decedent's] descendants of all generations," including children.”

In re Est. of William J. Hannifin, 2013 UT 46 (Utah 2013). “Compare UTAH CODE § 75-2-103 (2013) with UTAH CODE § 74-4-5 (1953).”

— Utah Code § 75-2-103(1)(b) — 3 cases

In re Est. of William J. Hannifin, 2013 UT 46 (Utah 2013). “Compare UTAH CODE § 75-2-103 (2013) with UTAH CODE § 74-4-5 (1953).”

— Utah Code § 75-2-103(3) — 2 cases

Beesley v. Harris, 883 P.2d 1343 (Utah 1994). “§ 75-2-103(3). . The nieces and nephew claim that this issue was not raised before the district court and we should not consider it on appeal.”

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