Last Will & Testament in Utah: Protect Your Family and Your Home
As a parent and homeowner in Utah, you’ve worked hard to build a life worth protecting. Creating a Last Will and Testament ensures your loved ones are cared for, your property passes smoothly, and your wishes are respected — no matter what happens.
At Cutler Riley Law, we make the process clear, efficient, and personalized to your family’s needs.
What Is a Last Will & Testament?
A Last Will and Testament is a legally binding document that outlines how your property, assets, and personal items should be distributed after your death. It also allows you to name a guardian for your minor children — one of the most important decisions any Utah parent can make.
Without a valid will, your estate will pass under Utah’s intestacy laws, meaning the state decides who inherits your property and who cares for your children. A will keeps these vital choices in your hands.
Utah Will Requirements
Under Utah Code § 75-2-502, a valid will must meet the following requirements:
The testator (person making the will) must be at least 18 years old and of sound mind.
The will must be in writing.
The will must be signed by the testator or by someone signing at their direction.
Two competent witnesses must sign the will in the testator’s presence.
Utah also recognizes holographic (handwritten) wills if the key provisions are in your handwriting and signed by you. However, handwritten wills often cause confusion and delay during probate. It’s best to have your will professionally prepared and properly executed.
Pour-Over Wills and Living Trusts
Many Utah families combine a will with a revocable living trust to achieve complete protection. A pour-over will acts as a safety net — it directs any assets not already titled in your trust to “pour over” into it when you pass away.
This ensures that all your assets — including real estate, bank accounts, and personal property — ultimately follow your trust’s instructions, keeping your plan consistent and organized.
What Happens If You Die Without a Will in Utah?
When someone dies without a will, they are said to have died “intestate.” In that case, Utah intestacy laws determine who receives your property:
If you’re married with children, your spouse and children share your estate.
If you’re single with children, your children inherit everything equally.
If you’re married without children, your spouse typically inherits most or all of your estate.
Unfortunately, Utah’s intestacy rules do not account for stepchildren, unmarried partners, or unique family circumstances. Having a will ensures your true wishes are honored and prevents disputes among surviving family members.
Will vs. Trust in Utah
Both wills and trusts are essential estate planning tools, but they serve different purposes.
A will takes effect only after your death and must go through probate — a court-supervised process that can take several months. Wills also become public record once filed with the court. However, a will is the proper place to name guardians for your children and outline how your assets should be distributed.
A trust, on the other hand, takes effect as soon as it’s signed and funded. It allows your chosen trustee to manage and distribute assets privately, without going through probate. Trusts are especially useful for avoiding court involvement, protecting privacy, and managing assets for minor children or beneficiaries with special circumstances.
Most Utah families benefit from having both: a will for naming guardians and capturing any assets not placed into the trust, and a trust for efficient, private management of property. You can learn more about combining these tools in our Utah Estate Planning Guide.
How Long Does Probate Take in Utah?
The Utah probate timeline typically lasts between 4 and 12 months, depending on the complexity of the estate, court availability, and whether any disputes arise.
A properly drafted will can make probate far smoother and faster for your family. If your estate includes real property or exceeds $100,000, formal probate is often required. Smaller estates may qualify for Utah’s simplified process — but only if your documents are in order.
Why Work with a Utah Estate Planning Attorney
At Cutler Riley Law, we don’t just draft documents — we build peace of mind. Every will and trust is customized to your unique family, assets, and values.
We help you:
Name guardians for your children
Choose executors and trustees
Coordinate beneficiaries across all accounts
Avoid unnecessary probate and tax issues
We also make estate planning affordable and transparent. Read more in our guide on the average cost of a will and trust in Utah.
Schedule Your Free Consultation
Your legacy deserves more than a fill-in-the-blank form. Let’s create a plan that protects your loved ones and honors your wishes.
Book Your Free Consultation: Schedule online or call (801) 823-0010
Email: info@CutlerRiley.com
Draper Office
11681 S 700 E Suite 150
Draper, Utah 84020
Kaysville Office
562 N Main St
Kaysville, Utah 84037
Ready to take the next step? Visit our Estate Planning FAQs or explore Utah estate planning services.