Complete Estate Planning Checklist in Utah: Everything You Need to Protect Your Family and Legacy
Creating an estate plan is one of the most important steps you can take to protect your family, preserve your assets, and ensure your wishes are honored. But a truly effective plan is more than just a will — it’s a coordinated set of documents, decisions, and legal tools that work together to cover every stage of life and every possible scenario.
Whether you’re starting from scratch or reviewing an existing plan, this Utah estate planning checklist walks you through every key component — organized into categories — so nothing is missed.
1. Core Estate Planning Documents: Build the Foundation
The foundation of every estate plan includes four essential documents. These ensure that your assets pass according to your wishes, your loved ones are cared for, and trusted individuals are empowered to act on your behalf.
✅ Last Will and Testament
A Last Will and Testament is the cornerstone of any estate plan. It directs how your property will be distributed, names guardians for minor children, and appoints a personal representative to administer your estate.
Key tasks:
Name beneficiaries for personal property and financial accounts.
Appoint guardians for minor or disabled dependents.
Choose an executor/personal representative you trust.
✅ Revocable Living Trust
A Revocable Living Trust helps your estate avoid probate, keeps your affairs private, and provides for management of your assets if you become incapacitated.
Key tasks:
Draft and sign a revocable trust.
Choose a successor trustee.
Include clear distribution instructions for your beneficiaries.
✅ Financial Power of Attorney
A Power of Attorney authorizes someone you trust to manage your finances if you become unable to do so. Without one, your family may need to seek court-appointed conservatorship.
Key tasks:
Choose a financially responsible agent.
Decide when the POA becomes effective (immediately or upon incapacity).
Include powers for handling real estate, taxes, and legal matters.
✅ Health Care Directive
A Health Care Directive ensures your medical treatment preferences are honored and appoints someone to make health decisions on your behalf.
Key tasks:
Name a health care agent.
Specify treatment preferences, end-of-life decisions, and organ donation choices.
Review and update your directive as your wishes evolve.
2. Trust Funding & Asset Alignment: Make Your Plan Work
Even the best-drafted trust won’t work if it isn’t funded. Funding means transferring ownership of your property and accounts into your trust’s name.
✅ Transfer Real Estate into the Trust
Real property is often your most valuable asset — and the one most likely to trigger probate if left outside the trust. Properly transferring ownership requires preparing and recording a new deed.
Key tasks:
Prepare a new deed naming your trust as owner.
Sign and notarize the deed.
Record it with the Utah county recorder’s office.
✅ Fund Bank and Investment Accounts
Contact your financial institutions to retitle accounts in the trust’s name.
Update brokerage, savings, and checking accounts.
Reissue stock certificates or membership interests if needed.
✅ Update Beneficiary Designations
Certain accounts — like retirement plans, life insurance, and annuities — pass directly by beneficiary designation rather than through your trust or will.
Ensure primary and secondary beneficiaries align with your estate plan.
Consider naming the trust as a contingent beneficiary if appropriate.
3. Advanced Estate Planning Strategies: Protect Wealth and Legacy
For many Utah families, basic estate planning is enough. But if you have significant assets, own a business, or want to provide long-term financial stewardship for your loved ones, advanced tools can offer additional benefits.
✅ Asset Protection Planning
Utah allows powerful asset protection strategies, including the Utah Domestic Asset Protection Trust (DAPT), which shields assets from most creditor claims while allowing discretionary access.
Learn more: Asset Protection & Legacy Planning
✅ Special Needs Planning
If you have a loved one with a disability, a Special Needs Trust can provide for their future without jeopardizing government benefits.
✅ Charitable & Legacy Planning
Tools like Charitable Remainder Trusts (CRTs) or Spousal Lifetime Access Trusts (SLATs) can provide tax benefits, preserve wealth for future generations, and fulfill philanthropic goals.
4. Ongoing Maintenance: Keep Your Plan Current
An estate plan is not a one-and-done project. Life changes, and so should your documents. Outdated plans can lead to unintended distributions, legal disputes, and tax consequences.
✅ Schedule Regular Reviews
Review your plan every 3 to 5 years — or immediately after major life events.
Marriage, divorce, or remarriage
Birth or adoption of children or grandchildren
Death of a spouse, trustee, or beneficiary
Major asset purchases or sales
Relocation to or from Utah
Learn more about the process: Estate Plan Updates & Revisions
✅ Coordinate with Professionals
Estate planning intersects with tax, financial, and business planning. Meet periodically with your attorney, CPA, and financial advisor to ensure your plan remains coordinated and effective.
5. Essential Life Documents: Plan for Every Stage of Life
A comprehensive estate plan includes more than just legal documents. Consider these final items to ensure your plan is complete and accessible:
Letter of Intent: A non-legal document outlining personal wishes, values, and final instructions.
Digital Estate Plan: List of online accounts, passwords, and digital assets.
Funeral & Burial Instructions: Preferences for final arrangements to relieve your family of difficult decisions.
Organ Donation Registration: Document your wishes clearly and provide copies to your health care agent.
Take the Next Step: Build or Review Your Utah Estate Plan
Estate planning isn’t just for the wealthy — it’s for anyone who wants to make life easier for their loved ones, avoid unnecessary court involvement, and ensure their legacy is preserved.
Whether you’re creating your first plan or updating an existing one, our experienced attorneys can guide you through every step — from drafting core documents to recording property deeds and structuring advanced trusts.
Contact Cutler | Riley today to schedule a free consultation and build an estate plan that’s complete, current, and customized to your life.