Additional Estate Planning Forms in Utah

A will, a revocable trust, a power of attorney, and a health care directive are the legal core of any Utah estate plan. But a plan that works on paper and a plan that works smoothly for your family when the time comes are not always the same thing. Three additional documents — a personal property memorandum, burial or cremation instructions, and a financial and digital inventory — bridge that gap. None of them are legally required, but each one addresses a category of decisions that the core legal documents leave unresolved, and each one has a direct effect on how much work your successor trustee, personal representative, and family members face during an already difficult time.

These documents are included as needed in every Cutler Riley estate plan package.

Personal Property Memorandum

A personal property memorandum is a written list that directs who receives specific items of tangible personal property — furniture, jewelry, artwork, collectibles, firearms, family heirlooms, and similar belongings that have sentimental or personal significance but may not appear by name in a trust or will.

Under Utah Code § 75-2-513, a written memorandum is legally recognized as part of your estate plan if your will refers to it, it is signed and dated by you, and it describes the items and recipients with reasonable clarity. The practical advantage of keeping these instructions in a separate memorandum rather than in the will itself is that you can revise it at any time without executing a formal will amendment or trust restatement. If you decide next year that a different grandchild should receive your grandfather's watch, you update the memorandum — no attorney required.

Personal property is a disproportionately common source of family conflict in estate administration. The financial value of items is often modest, but the emotional stakes are high, and the absence of written instructions leaves family members to negotiate — or argue — over who gets what. A signed, dated memorandum removes the ambiguity and gives your personal representative clear authority to follow your wishes.

Burial or Cremation Instructions

A health care directive covers medical decision-making while you are alive. It does not address what happens after death. Burial or cremation instructions fill that gap, giving your family clear written guidance on your preferences for final arrangements so they are not left making painful decisions under time pressure and grief.

These instructions can cover your preference for burial or cremation, your desired resting place or instructions for scattering ashes, preferences for a funeral or memorial service including location, readings, or music, any religious or cultural traditions you want observed, and any specific preferences about the handling or storage of remains. The document does not need to be elaborate. What matters is that it exists, that it is accessible, and that the people who need it know where to find it.

Under Utah law, decision-making authority over final arrangements defaults to next of kin in the absence of written instructions. When family members disagree — which happens more often than most people expect — the result can be delayed arrangements, additional cost, and in some cases litigation. A straightforward written statement of your wishes, signed and kept with your other estate planning documents, prevents all of that.

Financial and Digital Inventory

Your successor trustee or personal representative has a legal obligation to locate, inventory, and administer your assets. How efficiently they can do that depends almost entirely on whether you have left them a roadmap. A comprehensive financial and digital inventory is that roadmap.

The financial portion should cover bank and investment accounts, retirement accounts, life insurance policies and annuities, real estate holdings and where the deeds are located, business interests, outstanding loans and mortgages, and the location of any safe deposit boxes and their keys. It does not need to include account balances — those change — but it should include enough information for your trustee to identify every account and contact every institution.

The digital portion has become equally important as more of daily financial life moves online. Email accounts, cloud storage, social media accounts, domain names, cryptocurrency wallets, online payment services, and password managers all require access credentials that your family will not have unless you have recorded them somewhere. Many digital platforms also have privacy policies that prevent family members from accessing accounts even with a death certificate, making advance planning the only reliable solution.

Two points about storage deserve emphasis. First, this document should be kept secure — an encrypted digital file, a password manager with a shared emergency access protocol, or a sealed physical document in a location your trustee knows about. Second, it should never be attached to your will or included in documents that may become public during probate. Account credentials and financial details belong in a private, controlled location.

Update the inventory annually, or whenever you open or close an account, change passwords for critical accounts, or acquire or dispose of significant assets.

How These Documents Fit Into Your Plan

Each of these three documents addresses something the core legal instruments cannot. Your will and trust distribute assets according to legal categories and named beneficiaries — they cannot practically enumerate every item of personal property, record your wishes for your funeral, or list your bank account numbers. The additional forms supply the practical detail that makes your legal framework functional in the real world.

For your successor trustee specifically, a financial and digital inventory is the difference between an administration that proceeds efficiently and one that requires months of detective work to locate assets. For your family, burial instructions and a personal property memorandum are the difference between a process that feels guided and one that generates conflict.

Frequently Asked Questions

What is a personal property memorandum in Utah?

A personal property memorandum is a signed, dated written list that directs who receives specific items of tangible personal property. Under Utah Code § 75-2-513, it is legally recognized as part of your estate plan if your will refers to it. Because it is separate from the will, you can update it at any time without a formal amendment.

Does Utah law require burial or cremation instructions?

No. But without written instructions, decision-making authority over final arrangements defaults to next of kin under Utah law. When family members disagree, the result can be delays, additional expense, and conflict. A simple written statement of your wishes, kept with your estate planning documents, prevents those problems.

Why does a financial inventory matter if I already have a trust?

Your trust controls the distribution of assets that are titled in it, but your successor trustee still needs to find and contact every institution, close accounts, and transfer assets. Without a financial inventory, they may not know where all your accounts are — particularly digital accounts, cryptocurrency holdings, or older accounts you haven't thought about recently. A current inventory makes their job significantly faster and reduces the risk that assets are overlooked entirely.

Where should I store my financial and digital inventory?

It should be accessible to your successor trustee but not publicly available. Options include a sealed physical document stored with your estate planning binder, an encrypted digital file with access instructions shared with your trustee, or a password manager that supports emergency access for a designated person. Never attach it to your will, which may become a public record during probate.

Can I update these documents without hiring an attorney?

Yes, for the personal property memorandum and the financial and digital inventory. The memorandum is valid as long as it is signed, dated, and your will refers to it — you can update it yourself as often as you like. The inventory has no legal formalities at all. Burial instructions similarly require no formal execution. The core legal documents — your will, trust, power of attorney, and health care directive — do require attorney involvement to amend properly.

Related Pages

Questions About Completing Your Estate Plan?

These additional forms are included as needed in every Cutler Riley estate plan. If you have existing core documents and want to add a personal property memorandum or need help building out your financial inventory, book a free consultation and we'll walk you through it.

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