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Half-Siblings and Intestate Inheritance

Stephen Howard — Attorney at Law

Is a half-brother or half-sister entitled to inherit under Utah intestate succession?

Under section 75-2-107 of the Utah probate code governing intestate succession, a person who is related by โ€œhalf bloodโ€ (i.e., they share one parent, but not both) is entitled to receive an inheritance in the same manner as if they had been โ€œof the whole bloodโ€ (i.e., they shared both parents in common).

In most circumstances when a person has properly executed a will, the terms of the will dictate who is entitled to receive a portion of the decedentโ€™s estate. However, if a person dies without leaving a will, they are considered to have died โ€œintestate.โ€ In such cases, Utah law governing intestate succession dictates that a half-brother or -sister is entitled to inherit the same as if he/she had been a full brother or sister. The same principles apply to all other โ€œhalf bloodโ€ relatives.

By leaving a properly executed will, it is easy to avoid intestacy. Contact us today to schedule an initial consultation with a Utah estate planning attorney.