Additional Estate Planning Forms in Utah: Personal Property, Final Wishes, and Legacy Planning Tools
A complete estate plan is more than just a will, a revocable trust, or a power of attorney. While those documents handle the legal transfer of your assets and decision-making authority, there are other personal, practical, and deeply important forms that ensure nothing is left unresolved — from who inherits cherished family heirlooms to how loved ones will access your financial accounts and online life.
These “supporting documents” often make the difference between a plan that works on paper and one that works smoothly in real life. In Utah, we recommend that every client complement their estate plan with three additional tools:
A Personal Property Memorandum
Burial or Cremation Instructions
A Comprehensive Financial and Digital Inventory
Each of these plays a unique role in protecting your wishes, reducing stress for loved ones, and ensuring no detail is overlooked.
1. Personal Property Memorandum: Passing Down Sentimental Items
Not all valuable assets are financial — some of the most meaningful possessions are items with sentimental or emotional significance. A personal property memorandum is a simple but powerful tool that lets you leave specific tangible property — like jewelry, heirlooms, art, furniture, or keepsakes — to specific individuals.
✅ Utah Law on Personal Property Memorandums
Under Utah Code § 75-2-513, a written list or memorandum can be legally recognized if:
Your Last Will and Testament refers to it.
The memorandum is signed and dated by you.
Items and recipients are described with reasonable clarity.
One of the main advantages of this document is flexibility — you can revise it at any time without rewriting your will or executing a formal amendment. That makes it ideal for updating over the years as circumstances change.
✅ Why It Matters
Prevents Family Disputes: Clear instructions help avoid conflicts over sentimental items.
Saves Time: Distributes property without requiring changes to your will or trust.
Adds Meaning: Ensures cherished heirlooms are passed to the right people.
2. Burial or Cremation Instructions: Final Wishes, Clearly Documented
While your Health Care Directive covers medical decisions during life, it doesn’t address what happens afterward. A burial or cremation instruction document does exactly that — providing clear guidance about your final wishes and relieving your loved ones of painful guesswork.
✅ What to Include
Your instructions can be as detailed or as simple as you like. Common elements include:
Burial vs. cremation preference
Desired burial location or resting place
Funeral or memorial service details (music, readings, location)
Religious or cultural traditions
Instructions for scattering ashes or storing remains
✅ Why It’s Important
Reduces Family Stress: Loved ones won’t have to make emotional decisions under pressure.
Avoids Disputes: Written instructions prevent conflicts over funeral arrangements.
Honors Your Values: Ensures your religious, cultural, or personal preferences are followed.
Utah law generally gives decision-making authority to next of kin if no written instructions exist. However, disagreements among family members can delay arrangements or even result in litigation — all of which can be avoided with a simple written declaration.
3. Comprehensive Financial & Digital Inventory: Protecting Your Modern Legacy
In today’s world, one of the most critical — and often overlooked — parts of estate planning is creating a complete inventory of your financial accounts, digital assets, and online presence. Without it, even the best-drafted estate plan can leave your executor, successor trustee, or loved ones scrambling to track down accounts, pay bills, and manage your estate.
This inventory typically includes two key categories:
💼 Financial Account Inventory
Your financial inventory is a centralized record of your accounts and key assets. It should include:
Bank accounts (checking, savings, CDs, etc.)
Investment and brokerage accounts
Retirement accounts (401(k), IRA, Roth IRA)
Life insurance policies and annuities
Real estate holdings and property deeds
Business interests or partnership agreements
Loans, mortgages, and debts
Safe deposit boxes and their contents
A clear financial inventory ensures your trustee or executor can efficiently administer your estate — closing accounts, paying debts, and distributing assets without unnecessary delays.
🌐 Digital Asset & Online Account Inventory
Equally important today is your digital estate — the online accounts, subscriptions, and digital property that often hold both financial and personal value. Consider including:
Email accounts, cloud storage, and photo libraries
Social media accounts (Facebook, Instagram, LinkedIn, etc.)
Domain names and websites
Cryptocurrency wallets, NFTs, or digital investment platforms
Online payment services (PayPal, Venmo, Stripe)
Password managers or encryption keys
Subscriptions, memberships, or digital tools
Access instructions for smart devices or home automation systems
Because many digital accounts are password-protected and subject to privacy laws, loved ones may not be able to access them without explicit instructions. A digital inventory — securely stored and periodically updated — ensures nothing is lost or locked away forever.
✅ Best Practices for Storing and Sharing This Information
Keep It Secure: Use an encrypted digital vault, password manager, or sealed physical document.
Avoid Public Documents: Never include account credentials directly in your will or trust (which may become public during probate).
Update Regularly: Review your inventory annually or whenever accounts change.
Inform Trusted People: Let your executor, trustee, or agent under Power of Attorney know how and where to access this information.
How These Additional Forms Fit Into a Complete Plan
These documents are not legally required, but they are essential to a complete, functional estate plan. Together, they ensure that no detail — no matter how personal or practical — is overlooked.
They also work hand-in-hand with your core documents:
Last Will and Testament – Covers major distributions and guardianship.
Revocable Living Trust – Avoids probate and manages property.
Property Deed & Trust Funding – Ensures real estate is titled correctly.
Health Care Directive – Protects your medical decisions.
Estate Plan Updates & Revisions – Keeps your documents current.
Our Process: Helping You Complete the Details
At Cutler | Riley, we don’t just draft the core legal documents — we help you organize and complete the entire picture of your estate plan. Our process includes:
Initial Review: We review your existing documents and identify missing elements.
Drafting Support: We provide templates and guidance for your personal property memorandum, final wishes, and digital/financial inventory.
Integration: We ensure these documents are properly referenced and stored with your will or trust.
Ongoing Maintenance: We help you keep them current as your life and accounts change.
Take the Next Step
These additional forms may not be required by law — but they are essential for a smooth, stress-free estate administration. They bridge the gap between legal documents and real-life logistics, making it easier for your family to honor your wishes, manage your estate, and preserve your legacy.
Contact Cutler | Riley today to schedule a free consultation and complete your estate plan with the personal and practical details that matter most.