How to Make a Will in Utah

Writing a will is the way to protect your legacy and the assets you have worked so hard for, whether they are a business or property. With just a pen and paper, adults in Utah can write their wills in the comfort of their homes. Moreover, to ensure compliance with the law, they should consider the contents of this article before making their will. 

What are the Steps to Create a Will in Utah

The steps to create a Will in Utah are:

1. Decide the property you want to include in your will
2. Make a list of your property, assets
3. Make a list of your beneficiaries
4. Choose an executor who will be in charge of the administration of your estate
5. Choose a guardian for your children
6. When you have a pet, choose a guardian for your pet
7. Choose a reputable will-writing company, such as LegalPen, to create a valid will for you.
8. Execute the will in the presence of at least two witnesses who are not beneficiaries of your will. 

What Happens if I Don’t Have a Will?

When you die without a will, you are considered to have died ‘intestate.’ Your property is devolved according to the intestacy succession laws in Utah. Only close family members, such as your spouse, your children, your parents, and your siblings, are allowed to inherit under intestacy. The probate court chooses a personal representative who will administer your estate.

To prevent intestacy laws, adults in Utah should endeavor to create their wills. 

What are the Requirements for Writing a Last Will and Testament in Utah?

The requirements for writing a last will and testament in Utah include:

1. The will must be written -typed or handwritten;
2. The testator must sign it;
3. Signed by two witnesses who were present to witness the execution of the document by the maker and who saw each other sign the document and
4. The willmaker must be at least 18 years old or older. 

How Often Should You Review and Update Your Utah Will?

You should revise and update your Utah will at least twice a year. Updating your Utah will ensure your wishes and the details of your will are up to date. 

How to revise and update your will in Utah

You can revise and update your will in Utah by making a codicil that amends your existing will. The codicil will explicitly state the changes being made to your will. It should be executed and made in the same way as an existing will.

Alternatively, you can create a new will to revise or update your will. The new will revoke the existing will and make changes to it. It should be created and executed according to the Uniform Probate Code in Utah. 

What Makes a Will Valid in Utah?

For a will to be valid in Utah, it has to meet the following requirements:

1. It must be in writing;
2. Signed by the testator or another person under the direction of the testator and in the presence of the testator;
3. Be attested to by two credible witnesses and 
4. The maker of the will must be 18 years of age or older, have been lawfully married, or be a member of the United States armed forces. 

Can a Handwritten Will be Valid in Utah?

Yes, handwritten wills are valid in Utah. Utah Code 75-2-502 recognizes handwritten wills as valid if they are written in the testator’s handwriting and signed by the testator. Handwritten wills do not have to be witnessed by two competent witnesses.

How Do I Sign My Utah Will?

After making your will, you sign it at the end of the document. You must sign or acknowledge your will in front of two witnesses, and your witnesses must sign your will within a reasonable time after signing or accepting it. 

What Can I Include in an Online Will in Utah?

When making your online will in Utah, you can include the following:

1. List of your assets: The assets may range from real property, digital assets, moveable property such as vehicles, motor vehicles, boats, investment accounts, and money in bank accounts;
2. List of your beneficiaries, including your spouse, your children, parents, siblings, friends, charitable organizations;
3. List your debts and liabilities, such as loans, mortgages among others;
4. Choose a guardian for your minor children or pets;
5. Add any specific bequests or special provisions, and 
6. Add your death and funeral wishes.

Types of assets covered in a Utah will

The types of assets covered in a Utah will include:

1. Digital Assets: social media accounts, digital photos, domain names, cryptocurrency;

2. Intellectual Property: copyrights, patents, trademarks, royalties;

3. Personal property: furniture, jewelry, cars, art collections, clothing and electronics;

4. Business interests include LLC ownership, family business, and partnership interests. 

Can I Revoke or Change My Will in Utah?

Yes, you can revoke or change your will in Utah. Revocation may be implied or expressed. Implied revocation may be through divorce or marriage, while express revocation may be by destroying the existing will or writing a new will that revokes it. 

You can change a will by writing a new one or drafting an instrument known as a codicil that changes an existing one. 

How do you Revoke or Change your will in Utah?

Utah Code 75-2-507 details how one may revoke a will. A will or any part of it may be revoked by:

1. Executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or

2. By performing a revocatory act on the will, such as burning, tearing, canceling, obliterating, or destroying the will or any part of it. A burning, tearing, or canceling is a “revocatory act on the will,” whether or not the burn, tear, or cancellation touched any of the words on the will. 

Can I Make a Digital or Electronic Will in Utah?

Yes, you can make a digital or electronic will in Utah. The E-Wills Act permits the making and signing of wills online. However, after making and signing the will online, it should be printed in hard copy. 

Who Can Witness a Will in Utah?

Utah Code 75-2-505 provides information on who can witness a will in Utah. The person who may be competent to act as a witness is generally able to understand probate proceedings, assess whether the testator appears to be acting voluntarily, and recall to communicate those understandings would normally be considered competent as a witness. 

Should My Will Name an Executor?

Yes, your will should name an executor. An executor is responsible for carrying out your wishes as provided in the will and administering your estate on your behalf. The executor should be someone you trust and who can carry out your wishes. 

What are the Utah will executor requirements?

There are no formal requirements for an executor in Utah. Generally, an executor must be an adult, a person who can be trusted by the testator, and knowledgeable and understanding of what is required. 

What Happens to a Will After Death in Utah?

After death in Utah, the will is filed by the executor or any other person at the probate court in the county where the decedent resided. The validity of the will is determined by whether it conforms with the Uniform Probate Code. The will is legitimized, and the property of the deceased is dealt with in accordance with its provisions. 

What is the Impact of Marriage and Divorce on Your Utah Will

Divorce and Marriage are considered circumstances that revoke the will by operation of law. Divorce revokes any provisions of the will that disposed of the property to your former spouse unless the will was made in contemplation of the divorce. Furthermore, marriage revokes a will if the will was made before the testator married. The justification for marriage is that a new spouse is entitled to a portion of the estate under the law, regardless of the provisions of an existing will.

We recommend updating your will after marriage to ensure your estate planning reflects your wishes. A married couple can consider a will for married couples. 

Do all wills in Utah have to go through probate?

Yes, all wills have to go through probate in the Utah probate courts. However, less than $100,000 estates go through a simplified probate process compared to more complex estates.

Is Utah a community property state?

No, Utah is not a community property state. It is an equitable division estate. Equitable denotes fairness. Property is not necessarily divided equally but equitably depending on several factors. The factors that are considered include the length of the marriage, the health and age of the spouses, the occupation of the spouses, and the sources and amounts of income and related matters. 

How is Utah’s intestate succession done?

Intestate succession occurs when the decedent dies without living a will. Intestate succession laws are followed to determine who inherits the decedent’s property and how much of it they get. The court will appoint a personal representative who will be in charge of administering your estate. The estate of the decedent will be administered as follows: 

How is the Estate and Inheritance tax in Utah done? 

Utah does not have an inheritance or estate tax. However, Utah residents are required to pay federal estate tax if the value of their estate exceeds $13.61 million in 2024. When you inherit property from another state, the state may have an estate tax that applies. The estate may be required to file a trust income tax return due by April 15 of the year following the decedent’s death.