Wills and Revocable Trusts in Utah: What You Need to Know
Estate planning can feel overwhelming, but two of the most common tools—wills and revocable living trusts—provide the foundation for protecting your family and your legacy. Understanding the differences between them will help you make informed decisions about which option (or combination) is best for your situation.
What Is a Will?
A last will and testament is a legal document that outlines your wishes after death, including:
Who should inherit your property.
Who should serve as guardian for your minor children.
Who will handle your estate (called the “personal representative” in Utah).
A will must go through probate, which is a court-supervised process for validating the will, paying debts, and distributing assets. Probate can be time-consuming, public, and sometimes costly, but it ensures legal oversight.
What Is a Revocable Living Trust?
A revocable living trust is a legal arrangement where you (the “grantor” or “trustor”) transfer ownership of your assets into a trust during your lifetime. You typically act as your own trustee, retaining full control of your property. Key features include:
Avoiding probate – Assets in the trust pass directly to beneficiaries without court involvement.
Privacy – Unlike a will, a trust is not a public record.
Flexibility – You can change or revoke the trust at any time while you are alive and competent.
Continuity – If you become incapacitated, your chosen successor trustee can step in to manage affairs without court intervention.
Which Option Is Right for You?
Many Utah families benefit from having both a will and a revocable trust:
The will ensures all property not already titled in the trust still follows your wishes.
The trust allows a smoother, faster transfer of assets and protects your privacy.
Your decision will depend on factors like your family situation, the type of property you own, and your goals for avoiding probate.
Utah-Specific Considerations
Utah’s probate process can take months, even in straightforward cases.
Revocable trusts are especially helpful if you own real estate because they allow you to avoid probate court.
Naming a guardian for minor children still requires a will, even if you have a trust.
Take the Next Step
The right estate plan protects your loved ones from unnecessary stress and expense. Whether you need a will, a revocable trust, or both, Cutler | Riley can guide you through the process with clarity and care.
Contact us today to schedule a free consultation and learn how to safeguard your family’s future.