Will Writing Service in Utah

Persons aged 18 and above may make their wills in Utah. They may write the will themselves, hire an attorney, or hire an online will-writing company to write it on their behalf. The will may make provisions for pets, children, burial wishes, and any other special requirements the testator wishes to include. This article details other considerations and provisions one may consist of in a will. 

How much does it cost to write a will in Utah?

Writing a will in Utah costs an average of $300 to $1000. The cost varies depending on the complexity of the estate, attorney fees, and the platform used to create the will. 

Can I write a will without a lawyer in Utah?

Yes, you can write your will without a lawyer in Utah. In case you have a simple estate, you can create your own will by including the property you would like to bequeath and the beneficiary you would like to give it to. 

Is It Legal to Write Your Own Will in Utah?

Yes, it is legal to write your own will in Utah. You may consult with an attorney before making your will, use online websites and platforms to make your will, or just make your will without consulting a professional or a lawyer. 

However, if you have a complex estate, we advise you to consult an attorney before making a will. Alternatively, you can hire an attorney or LegalPen, an online will-writing company, to write the will for you.

Does a will in Utah need to be notarized?

No, you do not need to notarize a will in Utah to make a will. However, to make your will self-proving, you may go to a notary public to notarize the will for you. Notarizing the will speeds up the probate process. Without notarization, witnesses who signed the will are required during the probate process to legitimize the will. 

Do I Need a Lawyer to Make a Will in Utah?

No, you do not need a lawyer to make a will in Utah. Adults intending to make their wills may write them themselves, use online forms and templates, hire professional online writing companies such as LegalPen to write them, or instruct a friend. 

Do I Need a Lawyer to File a Will in Utah?

No, you do not need a lawyer to file a will in Utah. Testators may file their wills in the probate court, or upon the testator’s death, their executor or personal representative may file the will along with the other paperwork to start the probate case. 

Are Online Wills Legal in Utah?

Yes, online wills are legal in Utah. The Uniform Electronic Wills Act (“E-Wills Act”) brings estate planning into the digital age by allowing the online execution of wills while preserving the legal safeguards to ensure a will’s authenticity.

The E-Wills Act requires a testator to make a will readable as text when the testator electronically signs the document. Two people who add their electronic signatures must witness the testator’s signature. However, in Utah, a hardcopy will is the only format of a will admitted in probate. 

How to Include Digital Assets in a Utah Will

In estate planning, digital assets are anything identifiable that can be stored digitally. Digital assets include cryptocurrency, online accounts, NFTs, photos, email accounts, e-commerce accounts, personal data stored on phones and computers, research, documents, and manuscripts. 

A testator can include digital assets by making a list of their digital assets, choosing an executor to administer them, and giving instructions to the beneficiaries on how they would like the digital assets utilized. 

How to Disinherit Someone in a Utah Will

In Utah, disinheritance is intentionally excluding someone from inheriting your estate assets in a will. When disinheriting someone, you should clearly state it in your will to prevent legal disputes. An example of a disinheritance clause in a Utah Will is as follows:

“I hereby provide that Jane Doe, currently residing at Wayne County, shall receive no part of my estate, nor any benefits or assets from my estate, whether under this will or by any other means. It is my express intention that Jane Doe be wholly excluded from any inheritance from any inheritance from me, and any provision in this will or otherwise that might include them is intentionally omitted, This disinheritance shall be effective and binding regardless of any legal or customary rights.”

Reasons for disinheriting someone may include a strained relationship, the person’s behavior, complex family structures, and the beneficiary having enough and being able to take care of themselves.  

How to Handle Debts and Liabilities in a Utah Will

Even after one’s death, one can pay their debts and liabilities. Debts and liabilities are paid from the gross value of the estate. To enable certainty order and to prevent your estate from being used, testators should include a list of their debts and liabilities in the will. Debts such as mortgages should be listed in the will. After including debts and liabilities, they should nominate an executor who will ensure they are paid and leave instructions on how they would like the debts and liabilities to be paid. 

How to Provide for Minor Children in a Utah Will

You can provide for minor children in a Utah will by appointing a guardian in charge of your child’s welfare, education, and all aspects of their growth until they become adults. After appointing a guardian, you can allocate assets and money, which will be held in trust for the minor until they become adults and which will be utilized for the care of your children. Additionally, you will leave instructions on how you would like your children to be cared for.   

How to Store Your Utah Will Safely

For ease of access after your death, you can store your Maryland will in a home safe, a fireproof metal box, or a file cabinet. Make sure at least one person knows where you have stored it.  

How to Contest a Will in Utah

You can contest a will in Utah by filing a special pleading in the probate court to object to a petition for probate. A will may be contested by a beneficiary in the will or a person who has an interest in the estate of the decedent. The grounds for contesting a will may be a lack of testamentary capacity, undue influence while making the will, failure to comply with the state laws of making a will, and fraudulent wills unintentionally signed by testators due to trickery. 

What are No-Contest Clauses in Utah Wills?

A no-contest clause is intended to deter people from challenging the will. As part of deterrence, it states that anyone who challenges the will shall lose their bequest under the will. However, in Utah, no-contest clauses are unenforceable unless used against those who dispute the will without a good reason. 

What is the difference between probate in Utah and Iowa?

The probate process in Utah requires fewer court appearances than in other states, such as Iowa. However, Iowa’s process is more formal and requires more court appearances to prove or disprove the will. Iowa offers a simplified probate process for estates under $25,000, whereas Utah offers a simplified one for estates under $100,000. For more information on the probate process in Iowa, visit will writing in Iowa.

How to Handle Foreign Property in a Utah Will

Foreign property is assets or real estate that you own outside your home country. It may include foreign bank accounts, real estate, international investments, personal property located overseas, such as boats and vehicles, and business interests or ownership in foreign entities. 

Before writing a will, consult an attorney or try to understand the laws regarding property ownership, inheritance, and taxation in the jurisdiction where the property is located. Estate attorneys in that jurisdiction will provide invaluable insights into making a valid will in that state. 

How to Make a Will for Same-Sex Couples in Utah

The will-making process for same-sex couples in Utah is similar to the will-making process for opposite-sex couples. Same-sex couples may make a joint, mutual, or simple will by each spouse. The will provides for how their joint assets will be handled after their death, their assets if they have minors, the will appoint a guardian who will take care of the minor children after their death. Couples who do not have children may opt to contribute part of their estate to charitable organizations. Same-sex couples in Utah can consider will-writing services for a couple and how to write a will in Utah to learn more about making a will. 

How to Plan for Pet Care in Your Utah Will

You can plan for pet care in your Utah will by appointing a guardian who will take care of your pets upon your demise. You will allocate resources to your guardian to facilitate the care of the pets. Additionally, you will leave instructions on how your pet will be cared for. 

How to Handle Business Succession in a Utah Will

Business succession planning requires strategy. It is done to cater for instances where the business owner retires, dies, or becomes incapacitated. Proper planning ensures the business’s longevity and smooth running even after the testator’s death. Long-term business planning chooses a beneficiary for the estate, leaves behind instructions on how to plan your estate properly, and leaves material that empowers the beneficiary of the business. Beneficiaries may either be a family member, a friend, an employee, or a partner in the business. 

How to Handle Out-of-State Property in a Utah Will

Whether you have an apartment in New York or land in Minnesota, you can include the out-of-state property in a Utah will. A will that is valid in Utah and properly executed in Utah will be valid in another state in the United States.  The property will be administered in the state where the property is located. Additionally, you may appoint an executor who will oversee and administer the property in the state. 

What is the difference between Holographic wills and Statutory Wills in Utah? 

Holographic and statutory wills are types of wills in Utah. A holographic will is handwritten by the testator in their handwriting and signed by the testator; it does not require the formalities of being witnessed by two competent witnesses. A statutory will is a pre-signed, fill-in-the-blank form that adheres to the state’s statutory requirements. It follows a specific format and must be executed according to the requirements set out by Utah State law.