Last Will and Testament in Utah

A Last Will and Testament is the foundation of most estate plans. It’s the document that tells a Utah court who should receive your property, who should be the guardian of your minor children, and who should serve as your personal representative (Utah’s term for “executor”). Even if you plan to use a revocable trust, every Utahn still needs a will—usually a short “pour-over will”—to make sure no asset is left behind.

Below is a guide to wills in Utah: what they do, how they work, and why nearly every family benefits from having one. If you’re searching for a “Utah last will and testament lawyer,” “Salt Lake City will attorney,” or “Draper wills lawyer,” you’re in the right place.

What a Will Does (and Doesn’t Do)

A valid will in Utah:

  • Directs who inherits your property that is in your name when you pass.

  • Names a guardian for your minor children.

  • Appoints a personal representative to manage the estate, pay final bills, and distribute assets.

  • Coordinates with a trust via a “pour-over” clause so anything you didn’t retitle to your trust still follows your plan.

A will does not avoid probate on its own. It must be submitted to the Utah District Court for informal probate (the simpler, paperwork-driven process) or formal probate if there’s a dispute. If your goal is to streamline or avoid probate, we’ll pair your will with a revocable living trust and correctly title assets to that trust. (See our guide to Wills & Revocable Trusts in Utah.)

Utah-Specific Will Requirements

Utah follows a version of the Uniform Probate Code. In general:

  • Signature & Witnesses: A typed will is signed by you and two witnesses.

  • Holographic (handwritten) wills: Utah may recognize a will whose material portions are in your handwriting and signed by you. These are risky and often lead to disputes—use them only in true emergencies.

  • Self-proving affidavits: We can add a short notarized statement that makes your will “self-proving,” reducing court hurdles later.

  • Personal Representative: Utah uses this term instead of “executor.” Your personal representative has a fiduciary duty to your beneficiaries and must follow Utah law and deadlines.

Because small mistakes can cause probate delays or unwanted results, it’s wise to have your Utah will prepared and executed under attorney supervision—especially if you own real estate, have a blended family, run a business, or want to protect a vulnerable beneficiary.

Who Needs a Utah Will?

Short answer: almost everyone. A will is essential if you:

  • Have minor children (so you can nominate a guardian).

  • Own real estate in Utah or in multiple states.

  • Want to avoid intestacy (Utah’s default rules if you die without a will).

  • Have a blended family and want to spell out fair, conflict-reducing distributions.

  • Care for a beneficiary with special needs and want to preserve government benefits using a trust.

  • Own a business and need a plan for continuity or buy-sell funding.

If you already have a trust, you still need a will—usually a pour-over will—to catch stray assets and name guardians for minor children.

Will vs. Trust: Which Should I Choose?

Think of the will as your safety net and the trust as your engine:

  • A will controls assets you own in your individual name at death and goes through probate.

  • A revocable trust controls assets during life and after death, avoids probate when funded correctly, and adds privacy and continuity.

Most Utah families benefit from both: a funded revocable trust for efficiency, plus a will for guardianship and back-up coverage. Learn more in Wills & Revocable Trusts in Utah and our Estate Planning FAQ.

What Happens If I Die Without a Will in Utah?

Utah’s intestacy laws decide who inherits. That might be fine in a very simple situation, but it rarely reflects your exact wishes—especially with blended families or unmarried partners. Dying intestate also increases the risk of conflict, slows administration, and leaves guardianship of minor children to court discretion. Creating a will puts you back in control.

Avoiding Probate (or Making It Easier)

If you prefer to avoid probate, we’ll design a revocable trust and help you retitle your home, accounts, and other assets so they pass outside the court process. If probate is unavoidable, we focus on the simpler informal probate pathway whenever possible; read our guide to Informal Probate in Utah.

Long-Tail Questions Clients Ask (and Our Answers)

Do I need a lawyer to make a will in Utah?
While generic forms exist, they often miss Utah-specific rules, beneficiary nuances, and tax/benefit issues. An experienced Utah wills lawyer reduces the risk of ambiguity, will contests, or a guardianship you didn’t intend.

How often should I update my Utah will?
Review every 3–5 years or after life changes: marriage/divorce, new child, significant purchase or sale, moving, or major changes to beneficiaries.

Should I use a “do-it-yourself will” or an online will kit?
DIY can be better than nothing, but many problems aren’t apparent until probate—when it’s too late to fix. If you have real estate, minor children, a business, or a blended family, get professional help.

Can I protect heirs from creditors or divorces using a will?
A standard will doesn’t shield inheritances. For protections, we can design trust provisions or advanced planning (such as legacy trusts). Explore Asset Protection & Legacy Planning.

How We Work (Clear Steps)

  1. Free Consultation: We learn your goals, family, assets, and priorities. We recommend a will-based or trust-based plan, explain Utah probate, and outline timelines.

  2. Drafting & Review: You’ll receive drafts within 2-3 business days; we refine them together.

  3. Signing Ceremony: We supervise signatures and witnesses to satisfy Utah law and make your will self-proving.

Related Utah Resources (Internal Links)

Ready to Create or Update Your Utah Will?

Whether you need a simple Utah will, a Salt Lake City pour-over will, or a complete revocable trust estate plan, we’ll make the process clear and comfortable. Book your free consultation and take the first step toward peace of mind—for you and the people you love.