Protecting Your Legacy: Utah Last Will and Testament

Do you have a lot of assets and worry if they will get distributed among your loved ones after you pass away the way you want? Then you should have a Will.

The distribution process gets much easier for your family as the Will acts as a guide for them.

This article will explain the important aspects of the Last Will and Testament in Utah. Give a read so that you make informed decisions while creating your Will.

Requirements To Create a Valid Will in Utah

In Utah, the requirements for a valid Will are as follows:

Capacity

The person making the Will or the testator should be at least 18 years old and of sound mind.

Signature

The Will needs to be signed by the testator or someone acting on their behalf at their direction and in their presence.

Witnesses

The Will must also be witnessed by at least two individuals who also sign the Will. Witnesses must be at least 18 years old and can't be beneficiaries under the Will.

It is recommended that you seek the advice of an attorney when creating a Will to ensure it is valid and meets your wishes.

Making a Last Will and Testament in Utah

Creating your own Will in Utah is a straightforward process if the steps are followed properly, which are:

Make a list of your assets and beneficiaries

Make a list of your assets, including investments, personal property, and real estate, in the Will you want to distribute among the beneficiaries. Also, create a list of the beneficiaries and mention clearly how much assets they will receive.

Appoint an executor

Choose a trusted person to be the executor who will manage your estate after you pass away. The executor will pay debts, distribute assets, and handle other administrative tasks.

Name guardians for minor children

If you have minor or dependent children, you can name a guardian in your Will to take care of them after you pass away until they become adults.

Draft you Will

You can use a template or work with an attorney to draft your Will. Ensure you include all the necessary information in the Will, such as the names of your beneficiaries and the executor or personal representative and all the details about your assets.

Sign the Will

Once the Will is drafted, sign it in the presence of the witnesses. Make sure the witnesses also sign the Will. Each of them needs to sign the Will within some time after witnessing either the signing of the testator's will or the testator's acknowledgment of that signature.

Hiring an Attorney Vs. Using an Online Service to Create a Will in Utah

When creating a Will in Utah, you can work with an attorney or use an online service to do it. While working with an attorney can be more expensive than an online service, they provide personalized legal advice and ensure your Will is properly executed. Due to these reasons, it is always recommended to work with an attorney.

Updating or Revoking a Will in Utah

There may be several reasons why you need to update or revoke a Will in Utah. Some of the most typical causes include the death of a beneficiary or executor, changes in your marital status, the birth of a child or a grandchild, or changes in your assets.

To update or revoke a Will in Utah, you can:

Execute a new Will

If you want to make multiple changes to your Will, it is better to execute a new one. The new Will supersedes the old one and should explicitly state that it revokes all the previous Wills and codicils.

Create a codicil

A codicil is a document that modifies your existing Will. You can use a codicil to make only very simple changes to your Will, such as adding or removing a beneficiary.

Destroy the Will

You can destroy the original document if you want to revoke your Will entirely, and you can do it by burning, shredding, or otherwise destroying the document.

What Occurs If I Die Without Having a Will in Utah?

If you die in Utah without a valid Will, the state will distribute your property following state law (intestacy). Intestate succession laws govern how a person's property is distributed if they die without leaving a Will.

Most intestacy statutes divide a deceased person's assets between a surviving spouse and their children or just the children if there is no surviving spouse.

If you have neither a spouse nor children, your property will be passed down to your grandchildren or parents. This list persists with increasingly distant relatives, including siblings, nephews, grandparents, cousins of any degree, etc.

Are Holographic Wills Acceptable in Utah?

It is a handwritten Will signed by the testator. While some states do not recognize handwritten Wills as legally binding documents, they are legal in Utah if it's proven that the document is in the testator's handwriting.

Is a Utah Last Will and Testament Required to be Notarized?

No, you do not need to notarize your will in Utah to make it a legal document. However, Utah lets you make your Will "self-proving," which requires you to go to a notary. Because the court can receive the Will without contacting the witnesses who signed it, a self-proving will expedite probate.

Do I Need to Have a Will if I Have a Trust in Utah?

You may not need a Will in Utah without a properly funded trust. A trust is a legal arrangement in which you transfer your assets to a trustee, who then manages and distributes them to your beneficiaries in accordance with your wishes. Trusts have several advantages over Wills, including avoiding probate, providing for ongoing asset management, and potentially reducing estate taxes.

Even if you have trust, having a Will as a backup is still a good idea.

Having both a trust and a Will can help to protect your assets and ensure your wishes are carried out. However, whether or not you need a Will if you already have trust in Utah depends entirely on your unique situation.

A Will is recommended because it acts as a "catch-all" for any assets you may have overlooked while creating your trust. It can also serve as a backup in the event that the trust is later found to be invalid for any reason.

For more legal resources on trusts in your specific state, click here.

Updated on: February 24, 2023