Last Will and Testament in Utah

A last will and testament is a signed document that says who receives your property, who manages your estate, and who raises your minor children if you die. In Utah, a valid will must be in writing, signed by you, and signed by at least two witnesses (Utah Code § 75-2-502). Without one, Utah's intestacy law decides who inherits (Utah Code § 75-2-101). A standalone will costs a flat $600 at Legacy Peak Estate Planning Law. Book a free consultation to find out whether a will alone is enough for your family.

Who Can Make a Will in Utah?

You can make a will if you are 18 or older and have testamentary capacity when you sign it (Utah Code § 75-2-501). Capacity means you can identify the people in your life and your relationship to them, understand the nature and extent of your property, and form a plan for who receives it. You do not need to know Utah's intestacy rules. Utah also presumes capacity even if you are under a guardianship or conservatorship, although that presumption can be challenged.

Utah Requirements for a Valid Will

A witnessed will must be in writing and signed by you, or by another person in your conscious presence and at your direction. It must also be signed by at least two individuals who each sign within a reasonable time after watching you sign or hearing you acknowledge your signature or the will (Utah Code § 75-2-502). The witnesses do not have to sign at the same moment. Any person generally competent to be a witness may serve, and a witness who is also a beneficiary does not invalidate the will (Utah Code § 75-2-505). Even so, we use disinterested witnesses, because it removes any argument.

Utah courts can also treat a document that misses these steps as a valid will if the person offering it proves, by clear and convincing evidence, that you intended it to be your will (Utah Code § 75-2-503). That rule rescues some mistakes, but it makes your family prove your intent in court, which is exactly what a properly signed will avoids.

Does a Will Need to Be Notarized in Utah?

No. Notarization is not required for a will to be valid. It is required for a self-proved will, which is a will signed with an acknowledgment from you and affidavits from your witnesses before a notary or other authorized officer (Utah Code § 75-2-504). A self-proved will lets the court accept the signatures as proof of proper execution without tracking down the witnesses, which saves time when your personal representative opens probate. We prepare wills with self-proving provisions.

What Does a Will Control?

A will controls property that passes through probate. It does not control property that passes by another arrangement, such as a life insurance policy or pension plan with a named beneficiary, a trust, or joint ownership with right of survivorship (Utah Code § 75-6-201). If your will leaves everything to your children but your retirement account names your former spouse, the account follows the beneficiary form. This is why a will and your beneficiary designations have to be reviewed together.

What Can You Put in a Utah Will?

Who inherits your property. Name your beneficiaries and a backup for each in case one dies before you. You can also use a separate signed list to leave specific items of tangible personal property, such as jewelry or heirlooms, as long as the list describes the items and the recipients with reasonable certainty. The list cannot be used for money (Utah Code § 75-2-513).

Who serves as personal representative. Your personal representative is the person the court appoints to carry out your will, pay debts, and distribute property. Choose someone organized and trustworthy, and name a backup.

Guardians for minor children. A parent may appoint a guardian for a minor child in a will or in another written instrument. The appointment takes effect when the guardian files an acceptance with the court, and it is subject to the rights of the child and others under Utah law (Utah Code § 75-5-202). If you have young children, this single provision is often the most important reason to have a will.

Trusts for children or other beneficiaries. A will can create a trust that holds an inheritance until a child reaches the age you choose, so a young adult does not receive a large sum outright.

What Is a Holographic Will in Utah?

A holographic will is a handwritten will. Utah recognizes one without witnesses if your signature and the material portions of the document are in your handwriting (Utah Code § 75-2-502). It is valid, but it is rarely the best planning choice. Handwritten wills tend to be ambiguous, leave gaps, and invite disputes about whether the writer meant the document to be a will.

Can I Write My Own Will in Utah?

Yes. Utah does not require an attorney to make a will. The risks are in the details: a will that conflicts with beneficiary designations, a signing ceremony that misses a requirement, a plan that does not account for a second marriage or children from a prior relationship, or wording that leaves a gift unclear. An attorney matters most when your situation has any of those features.

What Happens If You Die Without a Will in Utah?

Property that your will does not effectively dispose of passes by intestate succession (Utah Code § 75-2-101). If you are married and all of your children are also your spouse's children, or you have no children, your spouse inherits the entire intestate estate. If any of your children are not your spouse's, your spouse receives the first $75,000 plus one-half of the balance, and your descendants share the rest (Utah Code § 75-2-102). That outcome surprises many blended families.

If there is no spouse, the estate goes to your descendants, then to your parents, then to your siblings and their descendants, and then to more distant relatives (Utah Code § 75-2-103). Dying without a will also means you lose the right to choose your personal representative and to nominate a guardian for your minor children. Our guide explains what happens if you die without a will in Utah.

Changing or Revoking a Will

You can revoke a will by signing a later will that revokes it, expressly or by being inconsistent with it, or by a physical act such as burning, tearing, canceling, or destroying it with the intent to revoke (Utah Code § 75-2-507). The cleaner route is to sign a new will or a codicil. Marking up an existing will invites disputes.

Divorce also changes a will. After a divorce or annulment, Utah law revokes provisions in your will that favor your former spouse, and revokes the former spouse's nomination as personal representative or guardian (Utah Code § 75-2-804). Accounts and policies with a beneficiary form need to be reviewed separately.

Will vs. Trust in Utah

A will governs probate property and nominates the people who will carry out your wishes. A revocable living trust holds property during your life and avoids probate for the assets it owns. A trust-based plan still includes a pour-over will to catch anything left out of the trust and to name guardians. Our page on wills and revocable trusts in Utah compares the two, and our revocable living trust page explains how a trust works.

Does Having a Will Avoid Probate in Utah?

No. A will is the document the court uses to administer your estate, so property that passes under it goes through probate. A small-estate affidavit can collect personal property, without a court case, thirty days after death if the whole estate, less liens and encumbrances, does not exceed $100,000. That procedure does not cover real estate (Utah Code § 75-3-1201). To understand your options, read how to avoid probate in Utah and how informal probate works.

How Much Does a Will Cost in Utah?

A standalone last will and testament is a flat $600. A will-based estate plan costs $1,000 for one person and $1,500 for two. A trust-based estate plan starts at $1,500 for one person and $2,000 for two. You can see the full details on our estate planning pricing page.

Frequently Asked Questions About Utah Wills

Do I need two witnesses for a will in Utah?

Yes, for a conventional witnessed will. Utah also recognizes a will that is entirely in your handwriting without witnesses, but a properly witnessed will is the more dependable choice (Utah Code § 75-2-502).

Can a beneficiary witness my will?

A beneficiary's signature does not invalidate the will or its provisions (Utah Code § 75-2-505). We still recommend disinterested witnesses to avoid disputes.

Does my will control my life insurance or retirement account?

Usually not. Accounts and policies with a valid beneficiary designation pass to the named person regardless of your will (Utah Code § 75-6-201).

Can my will name a guardian for my children?

Yes. A parent may appoint a guardian for a minor child by will or another written instrument, subject to the rights of the child and others under Utah law (Utah Code § 75-5-202).

How often should I review my will?

Review it after any major life change, such as marriage, divorce, a birth, a death, a move, or a significant change in your finances, and every few years even if nothing has changed.

Create Your Utah Will With an Estate Planning Attorney

A will is the foundation of an estate plan, and it works best when it is signed correctly and coordinated with your beneficiary designations and any trust. A standalone will is a flat $600. If you are ready to put a plan in place, schedule a free consultation with Legacy Peak Estate Planning Law at our Draper or Kaysville office, or read more about our estate planning services.

This page is general information about Utah law and is not legal advice for your situation.