Last Will and Testament in Utah
A Last Will and Testament lets you decide what happens to property passing through your estate after your death, choose who will administer your estate, and nominate a guardian for minor children.
Without a valid will, Utah's intestacy laws determine who inherits property that does not otherwise pass by trust, beneficiary designation, joint ownership, transfer-on-death arrangement, or another nonprobate method. Utah Code 75-2-101
At Legacy Peak Estate Planning Law, a standalone Utah will is $600. A will is also included in our will-based and trust-based estate planning packages.
How to Make a Will in Utah
For most people, creating a Utah will involves four basic steps:
Decide who should inherit your estate. You can leave property to family members, friends, charities, or others you choose.
Choose a personal representative. This is the person who will handle the probate estate, pay appropriate expenses and claims, and distribute the remaining property according to your will.
Choose guardians for minor children. Parents can use a will to nominate the person they want to serve as guardian if a guardianship later becomes necessary.
Sign the will correctly. A conventional Utah will must satisfy Utah's execution requirements, including signatures from at least two witnesses. Utah Code 75-2-502
A good will should also coordinate with your trusts, beneficiary designations, property ownership, and the rest of your estate plan.
Utah Requirements for a Valid Will
Under Utah law, an individual who is at least 18 years old and of sound mind may make a will. Utah Legislature
A conventional witnessed will generally must:
be in writing;
be signed by the person making the will, or by another person acting at the testator's direction and in the testator's conscious presence; and
be signed by at least two witnesses within a reasonable time after each witness observes the signing or the testator acknowledges the signature or the will. Utah Code 75-2-502
Following the execution rules matters. A document can accurately state someone's wishes and still create unnecessary problems if it is not properly signed.
Does a Will Need to Be Notarized in Utah?
No. A Utah will does not have to be notarized simply to be valid.
For a conventional will, the key execution requirement is generally proper signing and witnessing.
However, a will can also be made self-proved through an acknowledgment by the testator and affidavits from the witnesses before a notary or another officer authorized to administer oaths. A self-proved will can simplify proof of proper execution when the will is later submitted for probate. Utah Code 75-2-505
We generally prepare wills with self-proving provisions so the estate has better evidence of proper execution when the time comes.
What Does a Will Control?
A will governs property that becomes part of your probate estate and is subject to disposition under the will.
A will generally does not override property that passes automatically under another valid arrangement, such as:
property held in a trust;
accounts with valid payable-on-death or transfer-on-death beneficiaries;
life insurance and retirement accounts with beneficiary designations;
certain jointly owned property with survivorship rights; or
real estate subject to an effective transfer-on-death deed.
Utah law expressly recognizes many contractual and transfer-on-death arrangements as nontestamentary. Utah Code 75-6-201
That is why estate planning involves more than simply signing a will. Your will, trusts, deeds, account ownership, and beneficiary designations should work together.
What Can You Put in a Utah Will?
A properly drafted will can address several important decisions.
Who Inherits Your Property
You can specify who receives property passing through your estate and what happens if a beneficiary dies before you.
You can also create continuing trusts within a will when an outright inheritance is not appropriate.
Who Serves as Personal Representative
Your will can nominate the person you want to serve as personal representative of your estate.
That person generally handles the probate process, gathers estate property, addresses valid debts and expenses, and distributes the remaining estate under the will.
Guardians for Minor Children
A parent can nominate a guardian for an unemancipated minor child in a will. Utah law also permits a parent to make a guardian appointment through another qualifying written instrument, so the will is not the only legally available method. Utah Code 75-5-202
For many families, however, the will is the natural place to coordinate the guardian nomination with the rest of the estate plan.
Trusts for Children or Other Beneficiaries
A will does not have to require an immediate outright distribution.
Depending on the estate plan, a will can create a testamentary trust to hold an inheritance for a child or another beneficiary and specify when and how the property may be used or distributed.
What Is a Holographic Will in Utah?
Utah recognizes certain handwritten wills, commonly called holographic wills.
A will that does not satisfy the ordinary witness requirements can still qualify as a holographic will if the signature and material portions of the document are in the testator's handwriting. Witnesses are not required for a qualifying holographic will. Utah Code 75-2-502
That does not necessarily make a handwritten will the best planning option.
The larger risk is often not whether the paper technically qualifies as a will. It is whether the document adequately addresses beneficiaries, alternate beneficiaries, personal representatives, guardians, taxes, trusts, and the many other issues that can arise after death.
Can I Write My Own Will in Utah?
Yes. Utah law does not require an attorney to draft your will.
The more important question is whether a do-it-yourself will properly accomplishes what you intend.
Problems can arise when a will:
does not coordinate with beneficiary designations;
fails to address what happens if a beneficiary dies first;
uses unclear distribution language;
does not account for a blended family;
fails to create appropriate trusts for children;
conflicts with an existing trust or estate plan; or
is not executed correctly.
For a very simple estate, a self-prepared will may be sufficient. As family relationships, property ownership, and distribution wishes become more complicated, professional planning becomes more valuable.
Will vs. Trust in Utah
A will and a revocable living trust perform different functions.
A will generally controls probate property after death, nominates a personal representative, and can nominate guardians for minor children.
A revocable living trust can hold property during your lifetime and direct how properly funded trust property will be managed after incapacity or death. Property already owned by the trust generally does not need to pass through probate merely to transfer under the trust.
A trust does not make a will unnecessary. Clients with revocable trusts commonly also sign a pour-over will to address probate assets that were not transferred into the trust before death.
Compare Wills and Revocable Trusts in Utah
Does Having a Will Avoid Probate in Utah?
No. A will does not, by itself, avoid probate.
In fact, probate is the legal process through which a court may recognize the will and appoint a personal representative when court administration of the estate is necessary.
Whether probate is actually needed depends on what the person owned, how the property was titled, beneficiary designations, trusts, transfer-on-death arrangements, and other circumstances.
If avoiding probate is an important objective, the estate plan usually needs to address asset ownership and beneficiary arrangements, not merely the language of the will.
Learn How to Avoid Probate in Utah
What Happens If You Die Without a Will in Utah?
Dying without a valid will is called dying intestate.
Utah law then determines who receives property in the intestate estate. The result depends on which family members survive the decedent and other circumstances. Utah Code 75-2-101
Intestacy also means you lose the opportunity to use a will to choose your personal representative, state your own distribution plan, and coordinate testamentary trusts or other provisions.
What Happens If You Die Without a Will in Utah?
How Much Does a Will Cost in Utah?
Our flat fee for a standalone Last Will and Testament is $600.
For clients who need more than a standalone will, we also offer complete estate-planning packages.
Will-Based Estate Plan
One person: $1,000
Two people: $1,500
The package includes the will along with the other core documents included in our will-based estate plan.
Trust-Based Estate Plan
One person: Starting at $1,500
Two people: Starting at $2,000
The trust-based package includes a revocable living trust, will, financial power of attorney, health care directive, and other supporting documents included in the plan.
View Estate Planning Services and Pricing
Frequently Asked Questions About Utah Wills
Do I need two witnesses for a will in Utah?
For a conventional witnessed will, generally yes. Utah law requires at least two individuals to sign within a reasonable time after witnessing the testator's signature or the testator's acknowledgment of the signature or will. Utah separately recognizes qualifying holographic wills. Utah Code 75-2-502
Do the two witnesses have to sign at the same time?
Utah's statute does not state that the two witnesses must sign simultaneously. It requires each witness to sign within a reasonable time after witnessing the signing or the testator's acknowledgment. Utah Code 75-2-502
Can a beneficiary witness my Utah will?
Utah law provides that an individual generally competent to be a witness may serve as a will witness, and an interested witness does not invalidate the will or a provision of it. Utah Code 75-2-505
As a practical drafting matter, using disinterested witnesses when readily available can still avoid unnecessary questions later.
Does my will control my life insurance or retirement account?
Usually not when the account or policy has a valid beneficiary designation. Those assets generally pass under the governing beneficiary arrangement rather than under the will. Utah Code 75-6-201
Can my will name a guardian for my children?
Yes. Utah law permits a parent to appoint a guardian of an unemancipated minor by will, subject to the statutory process and rights of others. Utah also permits qualifying appointments through another written instrument. Utah Code 75-5-201
Can my will leave money in trust for my children?
Yes. A will can contain testamentary trust provisions rather than requiring an outright distribution.
Do I need a will if I already have a living trust?
Usually, a person with a revocable living trust should also have a pour-over will. The will can address probate assets that were not transferred to the trust and can serve other functions that the trust does not.
How often should I review my will?
Reviewing your estate plan after a major change in family circumstances, property, residence, fiduciary choices, or planning goals is prudent. A periodic review is also useful even when nothing obvious has changed.
Create Your Utah Will With an Estate Planning Attorney
A will is simple in concept, but it affects some of the most important decisions your family may face after your death.
Legacy Peak Estate Planning Law prepares Utah wills as standalone documents and as part of complete estate plans. We help clients coordinate their wills with trusts, beneficiary designations, powers of attorney, health care directives, and property ownership.
Standalone Last Will and Testament: $600