Last Will and Testament in Utah
A Last Will and Testament is a legal document that directs who inherits your property, names a guardian for your minor children, and appoints a personal representative to manage your estate after you pass. In Utah, a valid will must be signed by you and witnessed by two people under Utah Code § 75-2-502. Without one, Utah's intestacy laws decide everything — and they rarely reflect your actual wishes.
At Cutler Riley, a standalone will is $600. Most clients pair it with a revocable living trust as part of a complete estate plan starting at $1,500. Either way, you'll know exactly what you're paying before we begin.
What a Will Does in Utah
A will controls any property held in your individual name at the time of your death. It tells the Utah court who should receive that property, who should serve as personal representative (Utah's term for executor) to manage and close the estate, and — critically — who should be the guardian of your minor children if you're not here to raise them.
What a will does not do is avoid probate on its own. A will must be submitted to the Utah District Court for probate before your personal representative has authority to act. If minimizing court involvement is a priority, we pair your will with a funded revocable living trust, which passes most assets outside the probate process entirely. You can read more about how wills and trusts work together on our Wills & Revocable Trusts in Utah page.
Utah Legal Requirements for a Valid Will
Utah follows a version of the Uniform Probate Code. Under Utah Code § 75-2-502, a typed will must be signed by the testator and witnessed by at least two people. The witnesses do not need to be present at the same time, but both signatures must be on the document.
Utah also recognizes holographic wills — handwritten wills signed by the testator without witnesses — provided the material portions are in the testator's own handwriting. We advise against holographic wills except in genuine emergencies. They are more likely to be contested, harder to probate cleanly, and often miss provisions that a properly drafted will would include, such as a guardian nomination.
We add a self-proving affidavit to every will we draft. This is a short notarized statement that confirms proper execution, reducing the procedural burden on your personal representative when the will is submitted for probate.
Why an Attorney-Drafted Will Is Worth It
Generic online will forms exist, and some are better than nothing. But they don't know Utah law, they don't know your family, and they can't flag the issues that cause real problems later — an improperly designated beneficiary, a guardian nomination that conflicts with a court order, a pour-over clause that doesn't match your trust. Those problems surface at probate, when it's too late to fix them.
At $600, having an experienced Utah estate planning attorney draft your will costs less than most people expect. You receive a document drafted to Utah's specific execution requirements, reviewed for consistency with your other estate planning documents, and signed under attorney supervision so it is self-proving from day one.
Who Needs a Utah Will
Nearly every Utah adult should have a will, but it becomes especially important in a few situations. If you have minor children, a will is the only document in which you can nominate a guardian — without one, that decision goes to a court that doesn't know your family. If you own real estate in Utah or multiple states, a will ensures a clear chain of title and a named representative to manage the transfer. If you have a blended family, a will spells out your distribution intentions clearly enough to reduce conflict after you're gone. And if you already have a revocable trust, you still need a pour-over will to catch any assets that weren't retitled to the trust during your lifetime.
If you die without a will, Utah's intestacy statutes (Utah Code § 75-2-101 et seq.) distribute your estate according to a fixed formula based on family relationships. That formula may approximate your wishes in a simple situation, but it cannot account for an unmarried partner, estranged relatives, a child with special needs, or any of the nuances that make your family yours.
Will vs. Revocable Trust: Which Do You Need?
Most Utah families benefit from both. A will is your safety net — it catches anything that didn't make it into your trust and names guardians for minor children. A revocable trust is the engine — it holds title to your home and accounts during your lifetime, passes those assets to your beneficiaries without probate, and gives your successor trustee authority to act immediately without court approval.
If you are starting your estate plan from scratch, our one-person plan ($1,500) and two-person plan ($2,000) both include a will, a revocable trust, a power of attorney, and a health care directive. If you already have a trust and just need a will, we can draft it as a standalone document for $600. For a deeper comparison, see Wills & Revocable Trusts in Utah.
Frequently Asked Questions
What makes a will legally valid in Utah?
Under Utah Code § 75-2-502, a typed will must be signed by the testator and witnessed by at least two people. A self-proving affidavit, signed before a notary, simplifies the probate process by confirming proper execution without requiring witness testimony later.
What is the difference between a will and a living trust in Utah?
A will takes effect at death and must go through probate before your personal representative has authority to act. A revocable living trust holds title to assets during your lifetime and passes them to your beneficiaries at death outside the probate process. A will is still necessary even with a trust — it catches stray assets and nominates guardians for minor children. Most Utah families use both together.
How often should I update my Utah will?
Review your will every three to five years or after any significant life change: marriage or divorce, the birth of a child, a major purchase or sale, a move to a new state, or a change in who you would want as guardian or personal representative.
Can a will protect my heirs from creditors or divorce?
A standard will distributes assets outright, with no creditor or divorce protection. If protecting an inheritance is a goal, we can build discretionary trust provisions into your estate plan. See our Asset Protection & Legacy Planning page for more.
Do I still need a will if I have a revocable trust?
Yes. A pour-over will ensures any asset not already titled in your trust at death is directed into it through probate. It also serves as the only document through which you can nominate a guardian for minor children.
Related Pages
Wills & Revocable Trusts in Utah — how they work together
Revocable Living Trust Utah — the centerpiece of most Utah estate plans
Power of Attorney Utah — protect yourself during life, not just at death
Health Care Directive Utah — your medical wishes in writing
Informal Probate in Utah — what to expect if probate is needed
Estate Planning FAQ — answers to common Utah questions
Ready to Get Your Utah Will Done?
A customized will at Cutler Riley is $600 — no hourly billing, no surprise invoices. Book your free consultation and we'll walk you through what you need, explain how it fits with the rest of your estate plan, and have drafts to you within a few business days.