Revocable Living Trust in Utah

A revocable living trust holds your property during your lifetime and passes it to the people you choose after your death, without court-supervised probate for the assets the trust owns. You keep full control, you can change or cancel it, and a successor trustee you name takes over if you become incapacitated or die. A stand-alone revocable living trust costs a flat $1,250 with Legacy Peak. Trust-based estate plans start at $1,500 for one person and $2,000 for two.

A trust only controls the assets that are actually in it. Most people overlook that, and it is covered in detail below. Book a free consultation to find out whether a trust fits your situation.

What Is a Revocable Living Trust?

The person who creates the trust is the settlor. The trustee manages the trust property, and the beneficiaries receive it. In most revocable trusts, you are the settlor, the initial trustee, and the beneficiary during your lifetime, so day-to-day life does not change. You also name a successor trustee to step in when you cannot or no longer can serve.

Under Utah Code § 75B-2-602, a trust is revocable unless its terms expressly say it is irrevocable. That default applies to trusts created under instruments signed on or after May 1, 2004.

How to Set Up a Living Trust in Utah

Setting up a trust takes five steps. First, decide who should receive your property, and when. Second, choose your successor trustee and a backup. Third, have the trust agreement prepared and signed. Fourth, fund the trust by moving your assets into it. Fifth, coordinate the rest of your plan: a pour-over will, financial power of attorney, health care directive, deeds, account titles, and beneficiary designations. Skipping the fourth step is the most common reason a trust fails to do its job.

Funding Your Trust: The Step That Makes It Work

Creating a trust does not move anything into it. You fund it by recording a deed for real estate, retitling bank and brokerage accounts, and assigning business interests and other personal property to the trust. Retirement accounts such as IRAs and 401(k)s generally stay out of the trust, and you coordinate them through beneficiary designations instead.

If your home has a mortgage, federal law helps. For residential property with fewer than five dwelling units, a lender may not call the loan due solely because you transferred the home into a living trust in which you remain a beneficiary, as long as the transfer does not change who has the right to occupy the home (12 U.S.C. § 1701j-3(d)(8)). Review your loan documents before you record a deed.

Banks and title companies often ask to see the trust. Utah lets the trustee hand over a certification of trust instead of the full document (Utah Code § 75B-2-1013), which confirms the trust exists and who can act without revealing who inherits what. For the mechanics, see our guides to funding a trust in Utah and transferring property into a trust.

Does a Revocable Living Trust Avoid Probate in Utah?

It avoids probate for the assets it owns. Anything left in your own name at death may still need probate. Utah has a small-estate shortcut: thirty days after a death, a successor can collect personal property by affidavit if the estate, less liens and encumbrances, does not exceed $100,000 (Utah Code § 75-3-1201). That procedure covers personal property, not real estate. If you own a home or land in your own name, your family should expect a court process unless the property is in your trust. See our page on informal probate in Utah to understand what that involves.

What Happens If You Become Incapacitated?

Your trust sets out when a successor trustee takes over and what authority that person has. For assets already in the trust, this usually avoids the need for a court to appoint a conservator. Assets outside the trust may still need one, which is why a trust-based plan includes a durable power of attorney and a health care directive.

Can You Change or Revoke a Living Trust?

Yes. Under Utah Code § 75B-2-602, you can follow any method written into the trust by substantially complying with it. If the trust says its method is the only one allowed, you must use that method. If the trust names no method, or does not make its method exclusive, you can also amend or revoke it by a later will or codicil that expressly refers to the trust, or by any other method that shows clear and convincing evidence of your intent.

Two limits matter for families. An agent acting under a power of attorney can revoke or amend your trust only if the trust or the power of attorney expressly authorizes it. A conservator or guardian needs court approval. Both rules are reasons to decide in advance who may change your trust if you cannot.

Does a Revocable Trust Protect Assets From Creditors or Taxes?

No. While you are alive, the property in a revocable trust remains subject to claims of your creditors (Utah Code § 75B-2-505). After your death, trust property can also be reached for your creditors' claims, estate administration costs, funeral expenses, and statutory allowances for a surviving spouse and children, to the extent your probate estate cannot cover them.

A revocable trust also does not reduce estate taxes by itself. The federal estate tax applies only to estates above the basic exclusion amount, which is $15,000,000 per person for people who die in 2026 (IRS Revenue Procedure 2025-32). Utah does not have an inheritance tax. If asset protection or tax planning is your main goal, our advanced estate planning services go further than a standard revocable trust.

Does a Living Trust Replace a Will?

Not entirely. A trust-based plan includes a pour-over will that catches anything you did not move into the trust and names guardians for minor children. In Utah, a will must be in writing, signed by you, and signed by at least two witnesses (Utah Code § 75-2-502). For a full comparison, read our guide to wills and revocable trusts in Utah.

Is a Living Trust Private? What About Property in Another State?

Trust administration generally does not require the court filings that make probate a public record, although a trust can become public if it is litigated, and trustees owe duties to inform beneficiaries. If you own real estate in another state, that state may require its own probate proceeding, called ancillary probate, unless the property is properly titled in your trust. Tell us about out-of-state property at the start so the deed can follow that state's rules.

Who Should Consider a Revocable Living Trust in Utah?

A trust is worth serious consideration if you own a home or other real estate, own property in more than one state, have a blended family, want to control the timing of an inheritance for young or vulnerable beneficiaries, or want to keep your affairs private. A trust is not automatically better than a will. A small estate with no real estate and current beneficiary designations may be well served by a will and the right supporting documents. A consultation will tell you which applies to you.

How Much Does a Revocable Living Trust Cost in Utah?

A stand-alone revocable living trust costs a flat $1,250. A trust-based estate plan starts at $1,500 for one person and $2,000 for two people, and includes a trust, will, financial power of attorney, health care directive, supporting documents, and one property deed when applicable. You can see everything on our estate planning pricing page.

Frequently Asked Questions About Utah Living Trusts

Can I be my own trustee?

Yes. Most people serve as their own initial trustee and name a successor trustee to take over if they cannot serve or after they die.

Can I sell a house that is titled in my trust?

Generally yes. You sell it as trustee, subject to the terms of the trust. The title company may ask for a certification of trust, which Utah law allows in place of the full document.

Should my IRA or 401(k) go into the trust?

Generally no. Retirement accounts are best handled through beneficiary designations that are coordinated with your trust. Moving them into a trust can trigger taxes.

Does a living trust eliminate probate completely?

No. It avoids probate only for assets that are in the trust or that pass by beneficiary designation or joint ownership. Assets left in your own name may still require probate.

Will my mortgage lender call my loan if I put my home in a trust?

For most residential properties with fewer than five units, federal law prevents a lender from doing so when you remain a beneficiary and keep the right to occupy the home. Review your loan documents first, and tell us about any loan before we prepare the deed.

Create Your Revocable Living Trust With a Utah Estate Planning Attorney

A revocable living trust is one of the most useful tools in a Utah estate plan, and it works only when it is drafted correctly and funded completely. A stand-alone trust is a flat $1,250, and trust-based plans start at $1,500. If you are ready to put a plan in place, schedule a free consultation with Legacy Peak 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.