Last Will And Testament requirements in Utah
- You must be at least 18 years old and of sound mind.
- Your will must be in writing (printed or typed; handwritten wills are not recognized unless valid under specific circumstances).
- You must sign your will in the presence of at least two witnesses.
- Your witnesses must be at least 18 years old and not beneficiaries of the will.
- You must declare to your witnesses that this is your will, and they must sign in your presence and in each other's presence.
- While not required for validity, a notary public can help with self-proving affidavits to speed up probate.
How to create a Last Will And Testament in Utah
- Make a list of your assets and decide who should inherit them.
- Choose an executor (personal representative) who will manage your estate.
- Draft your will using a template or with the help of an attorney.
- Clearly name your beneficiaries and specify any gifts or bequests.
- Sign your will in front of two witnesses, and have them sign as well.
- Store your will in a safe place and tell your executor where it is.
What a Last Will And Testament typically costs
The cost of creating a will in Utah varies. A DIY template can cost under $50, while attorney fees typically range from $300 to $1,000 or more depending on complexity. Many online services offer affordable options.
Ready to create your will? Download our free Utah-specific will template and checklist now!
Create your last will and testamentBefore You Begin: Utah Will Checklist
Creating a will in Utah requires attention to specific state rules. Use this checklist to gather documents and understand the legal basics before drafting.
- Confirm you are at least 18 and of sound mind to make a will in Utah.
- Decide on your beneficiaries, executor, and guardian for minor children.
- List assets and debts, including property, bank accounts, and insurance policies.
- Understand that Utah requires your will to be in writing and signed by you (or by another at your direction in your presence).
- Plan for at least two witnesses to sign your will in your presence; they must be at least 18 and not inheriting under the will.
- Note that notarization is not required in Utah but can make the will 'self-proving' to simplify court proceedings.
- Prepare to store the original will safely and tell your executor where it is; consider filing with the court only after your death.
Frequently asked questions
Do I need a lawyer to make a will in Utah?
No, you can write your own will if it meets Utah's requirements. However, an attorney can help ensure your will is valid and that your wishes are clearly expressed, especially if your estate is complex.
What happens if I die without a will in Utah?
If you die intestate (without a will), Utah's intestacy laws will distribute your assets to your closest relatives, such as your spouse and children, according to a set formula. This may not reflect your wishes, and the process can be more time-consuming.
Can a living will serve as a last will and testament in Utah?
No, they are different. A living will states your medical care preferences if you are incapacitated. A last will and testament covers the distribution of your property after death. Both are important for a complete estate plan.
How long is a will valid in Utah?
A properly executed will remains valid indefinitely until you revoke or change it. However, major life events like marriage, divorce, or having children may affect its provisions, so it's wise to review your will periodically.