Estate Plan Updates and Revisions in Utah
An estate plan should reflect your current family, assets, and wishes.
If you have married, divorced, had a child, bought or sold property, changed your mind about beneficiaries, or simply have documents that have not been reviewed in several years, it may be time for an update.
Legacy Peak Estate Planning Law reviews and updates estate plans we originally prepared as well as plans prepared by other attorneys.
Estate plan updates start at $400.
The actual fee depends on what needs to change. Before beginning the work, we review the existing plan, explain what we recommend, and provide a flat-fee quote.
When Should You Update Your Estate Plan?
You do not need to rewrite your estate plan every year.
But certain changes should prompt a review, including:
marriage or divorce;
birth or adoption of a child;
death or incapacity of a trustee, personal representative, guardian, or agent;
a change in the people you want serving in those roles;
a significant change in assets;
buying or selling real estate;
starting or selling a business;
a beneficiary developing special needs or creditor concerns;
moving to or from Utah;
major changes in tax or estate-planning law; or
simply changing your mind about who should inherit.
Even without a major life event, reviewing the plan every few years can help identify outdated appointments, unfunded assets, or provisions that no longer match what you want.
Read: When Should You Update Your Estate Plan?
How Much Does It Cost to Update an Estate Plan?
Our estate-plan updates start at $400.
A simple change may require only a targeted amendment or replacement document.
For example, you might only need to:
change a successor trustee;
replace an agent under a power of attorney;
change a beneficiary;
revise a distribution age; or
update a health care agent.
More extensive changes can require a trust restatement, new wills, new powers of attorney, new health care directives, or changes to property ownership.
We review the existing documents first and quote the work before proceeding.
Do I Need a Completely New Estate Plan?
Usually not.
If the existing plan is fundamentally sound, it often makes more sense to update it than to start over.
The appropriate approach depends on how much has changed.
A limited change may require a trust amendment.
Substantial changes may justify a trust restatement.
Other situations may call for replacing only a will, power of attorney, health care directive, or deed.
Our goal is to make the changes you actually need rather than automatically replacing every document.
Trust Amendment vs. Trust Restatement
A trust amendment changes selected provisions of an existing trust.
It may be appropriate when you want to make a relatively limited change, such as replacing a successor trustee or modifying one beneficiary provision.
A trust restatement replaces most or all of the operative trust terms while continuing the existing trust arrangement.
Restatements can be useful when:
many provisions need to change;
the trust has already been amended several times;
the existing document is outdated or difficult to administer;
family circumstances have changed substantially; or
rewriting the document as one integrated agreement will be clearer than adding another amendment.
Utah law permits a revocable trust to be amended according to the method stated in the trust and, in certain circumstances, through another method clearly demonstrating the settlor's intent. The existing trust therefore needs to be reviewed before deciding how the amendment should be made. Utah Code 75B-1
Will a Trust Restatement Require Me to Transfer All My Assets Again?
Usually, a properly drafted restatement is intended to amend and restate the existing trust rather than create an entirely different trust.
That often means assets already titled in the existing trust do not need to be transferred merely because the trust terms were restated.
However, the property records should still be reviewed.
A deed or account may use outdated trustee information, the trust may never have been properly funded in the first place, or newly acquired property may still be outside the trust.
We therefore review funding as part of the update rather than simply assuming everything is already correct.
Review Your Trust Funding When You Update the Plan
Updating the documents is only part of the process.
A trust can avoid probate for an asset only if that asset is properly owned by, or otherwise coordinated with, the trust.
For example, if you purchased a new home after creating the trust and never transferred the home into the trust, changing the trust agreement does not fix the title problem.
During an update, we can review whether real estate and other significant assets are still coordinated with the estate plan.
Learn About Funding a Trust in Utah
What Happens to My Estate Plan After Divorce?
Utah law automatically changes some estate-planning rights after a divorce or after divorce proceedings begin, depending on the document.
For example, Utah's financial power-of-attorney statute generally terminates a spouse-agent's authority when an action for divorce, annulment, or legal separation is filed, unless the document provides otherwise. Utah Code 75A-2-110
Under Utah's new health-care statute, appointment of a spouse as health care agent is also generally revoked upon specified divorce or separation events unless the directive provides otherwise. Utah Code 75A-9-114
Utah probate law also revokes certain revocable provisions in governing instruments following divorce. Utah Code 75-2-804
But relying on statutory defaults is not a substitute for updating the documents.
After divorce, we recommend reviewing the entire estate plan so that it affirmatively states who should inherit and who should serve in every fiduciary role.
What About Marriage or a New Child?
Marriage and children are also important reasons to review an existing plan.
Utah law provides certain protections for spouses and children who were not contemplated when older documents were signed, but those statutory rules may not produce the plan you actually want.
It is usually better to update the documents expressly rather than rely on default rules after death.
For parents, that review should include:
guardian nominations;
trustees for children's inheritances;
distribution ages or lifetime trusts;
life-insurance beneficiaries; and
retirement-account beneficiaries.
Learn About Estate Planning for New Parents
Do Older Powers of Attorney Need to Be Replaced?
Not simply because they are old.
Utah's current Uniform Power of Attorney Act is found in Title 75A, Chapter 2. Utah recognizes qualifying older Utah powers of attorney and qualifying powers of attorney executed in other states. Utah Code 75A-2-106
Utah law also expressly provides that an agent's authority can remain exercisable despite the passage of time unless the power of attorney provides otherwise or another terminating event occurs. Utah Code 75A-2-110
So an older power of attorney does not automatically expire merely because several years have passed.
That said, a review may still make sense if:
the named agent is no longer appropriate;
your family circumstances have changed;
the powers granted are too narrow;
the document predates major statutory changes;
the document does not coordinate well with your trust; or
you simply want a cleaner document reflecting your current wishes.
Current Utah law also gives acknowledged powers of attorney significant statutory acceptance protections, subject to specified exceptions. Utah Code 75A-2-120
Utah's Health Care Directive Law Changed in 2026
This is one area where a review of older documents is particularly useful.
Effective January 1, 2026, Utah adopted the Uniform Health Care Decisions Act, now found in Utah Code Title 75A, Chapter 9. Utah Code 75A-9-101
The new law addresses matters including:
powers of attorney for health care;
health care instructions;
co-agents and alternate agents;
capacity determinations;
mental-health directives;
nursing-home placement authority; and
revocation of a spouse-agent's appointment after certain divorce or separation events.
An older directive does not automatically become invalid because the law changed.
Utah specifically provides that a directive created before January 1, 2026 remains valid if it complied with current law or with the law of the state where it was created at the time. Utah Code 75A-9
Still, some clients may prefer to update an older directive so it reflects the new statutory framework and their current wishes.
Learn About Utah Advance Health Care Directives
What If I Moved to Utah From Another State?
Do not assume that every document needs to be replaced simply because you moved.
Utah recognizes many properly executed out-of-state estate-planning documents.
For example, a written will can be valid in Utah if its execution complied with Utah law or with certain laws applicable where it was executed or where the testator was domiciled. Utah Code 75-2-506
Utah also recognizes qualifying powers of attorney executed outside Utah. Utah Code 75A-2-106
And Utah's current health-care statute recognizes an out-of-state advance directive if it complies with the applicable law identified in the statute. Utah Code 75A-9-115
The better approach is therefore to review the documents first.
We may recommend keeping much of the existing plan, making targeted revisions, or replacing certain state-specific documents.
Can You Update an Estate Plan Prepared by Another Attorney?
Yes.
You do not have to return to the attorney who originally prepared the plan.
We regularly review wills, trusts, powers of attorney, and health care directives prepared by other lawyers.
Before making changes, we review the existing documents so we understand:
how the current plan works;
how amendments must be made;
who currently holds fiduciary authority;
what assets are tied to the plan; and
whether changing one document requires corresponding changes elsewhere.
Sometimes the best recommendation is a limited amendment.
Sometimes a full restatement is cleaner.
And sometimes the existing documents need little or no change.
Can I Update My Own Trust or Will?
You are not legally required to hire an attorney merely to make every estate-planning change.
But the method matters.
A revocable trust must be amended in a legally effective manner consistent with the trust agreement and applicable law. Utah Code 75B-1
A will or codicil likewise must satisfy the applicable execution requirements.
Informally crossing out language, adding handwritten notes to a signed document, or attaching an unsigned page can create uncertainty about whether the change is legally effective.
For a simple personal-property change, however, attorney involvement may not be necessary.
What Can I Update Myself?
Many wills authorize a separate written memorandum for certain items of tangible personal property.
Utah Code § 75-2-513 permits a qualifying signed writing or list to direct disposition of certain tangible personal property when the will refers to such a writing.
That can allow you to update who receives items such as furniture, jewelry, artwork, or similar personal belongings without amending the entire will.
A financial or digital inventory can also usually be updated whenever necessary because it is generally an informational record rather than an operative estate-planning document.
Keep those records current even when no legal amendment is necessary.
Do I Need to Update My Estate Plan Every Three to Five Years?
Not necessarily.
We recommend reviewing a plan periodically, but review and amendment are not the same thing.
If your family, property, fiduciaries, wishes, and applicable planning needs have not changed, the correct recommendation may be to leave the documents alone.
The point of the review is to determine whether anything actually needs attention.
Frequently Asked Questions
How much does it cost to update an estate plan in Utah?
Estate-plan updates at Legacy Peak Estate Planning Law start at $400.
The fee depends on the documents being changed and the complexity of the revisions. We review the existing plan and provide a flat-fee quote before beginning the work.
Can I change just one beneficiary?
Often, yes.
If the change is limited, a targeted trust amendment or replacement will may be sufficient. We first review the existing plan to make sure the change does not create inconsistencies elsewhere.
Can I change my trustee without rewriting the entire trust?
Usually.
Changing a successor trustee is often the type of limited revision that can be handled through an amendment.
Is an old estate plan still valid?
Possibly.
Age alone does not automatically invalidate a will, trust, power of attorney, or health care directive.
The more important questions are whether the document was validly executed, whether it has been revoked or superseded, whether the people and provisions remain appropriate, and whether changes in law affect how it will operate.
Do I need new documents because Utah changed its health care directive law?
Not necessarily.
Utah law expressly preserves qualifying directives created before January 1, 2026. Utah Code 75A-9
You may nevertheless want an updated directive if you prefer to use the current statutory framework or if your agents and health care wishes have changed.
Should I update my plan after buying a new home?
At minimum, review how the new property is titled.
If your estate plan relies on a revocable living trust to avoid probate, the new home may need to be transferred into the trust.
What if nothing has changed?
You may not need to change anything.
A review can confirm that the existing plan still reflects your wishes and that your assets remain properly coordinated with it.
Update What Needs Updating—Not Everything
An estate-plan review should not begin with the assumption that all of your documents need to be replaced.
The first question is simply:
Does your current plan still accomplish what you want?
If it does, we will tell you.
If it needs limited changes, we can make targeted revisions.
If family, property, or legal changes make a larger update appropriate, we can explain why and quote the work before proceeding.
Legacy Peak Estate Planning Law reviews and updates estate plans prepared by our firm and by other attorneys.
Estate Plan Updates: Starting at $400