Half-Siblings and Intestate Inheritance

Stephen Howard — Stone River Law

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Half-Siblings and Intestate Inheritance

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 “half blood” (i.e., they share one parent, but not both) is entitled to receive an inheritance in the same manner as if they had been “of the whole blood” (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 decedent’s estate. However, if a person dies without leaving a will, they are considered to have died “intestate.” 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 “half blood” 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.