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Utah Last Will and Testament

Utah Last Will and Testament

By 

Jennifer Mcgee

·

Updated on  

November 22, 2022
·

8 mins

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It's not enough to just note down or communicate your Utah last will and testament wishes to a person. Even if it's a close relative, that last will might not be legal in your state. You need to follow the rules for your Utah last will and testament to avoid any issues moving ahead. It would allow for a smoother probate process where your family members don't have to go through any trouble. You should invest time in estate management and begin your online last will process now.

If you live in Utah, here's what you should follow.

Requirements for a Utah Last Will and Testament 

  • Written will: A Utah last will and testament must be on paper to be legal. It cannot be audio, video, or other digital file forms. Utah allows Holographic wills.
  • Must be of at least 18 age 
  • Sound mind and memory: The testator for a Utah last will must understand the will procedure, nature of their estate, and beneficiaries. For their last will to be valid, they must have a sound mind and memory.
  • Signed by the testator: To make it legal, you must sign your Utah last will and testament before your two witnesses.
  • Signed by the witnesses: You must have at least two witnesses for the will. They should acknowledge and sign the will within a reasonable time.

Who can be your witnesses for a Utah Last Will and Testament? 

Your witnesses for a Utah last will must follow these conditions:

  • Utah allows anyone competent to become a witness. 
  • They should be able to testify about what they saw and the will-making process.
  • It's better not to select beneficiaries as witnesses as the will could be easily challenged. 

Utah rules for a personal representative or an executor 

Choosing an executor for your Utah last will would be better than leaving it to uncertainty. However, an executor should follow these guidelines to be eligible for the role:

  1. Must be at least 21 or above
  2. Capable of performing the job, i.e., of a sound mind.
  3. Utah doesn't restrict people convicted of a felony from being executors.
  4. Utah allows you to choose someone out of state as your executor.

Last will and Testament Notarization in Utah 

There's no need to notarize your Utah last will and testament. However, you should add a self-proving affidavit to the last will to speed up the probate process. Here's how you can do that:

  • Find a notary public to make a self-proving affidavit for the will. 
  • You and the witnesses must go to the notary and sign the affidavit, stating who you are and that you know you're signing a will.

Utah Last Will Revocation 

You could follow any of the following methods to revoke your Utah last will and testament:

  • Destroy your last will by tearing, burning, obliterating, and shredding.
  • Asking someone to destroy the last will before you and two witnesses 
  • Making a new legal will that revokes any part or the entire previous will.

What if you have more than one Utah will?

If it's not clear whether your new Utah will revoke the old one, the state will follow these rules:

  • It'll replace the old will if the new one has varying or contradictory terms to your previous Utah will.
  • The probate court assumes you wanted to revoke the previous will if the new one disposes of your entire estate.
  • If the new will doesn't dispose of the entire estate, it would be treated as a supplement to the old Utah will.

Utah Last Will Amendment Rules 

If you wish to make some minor and simple changes to your Utah last will, you can do it through a Codicil. It will allow you to introduce changes to your existing will and avoid revoking it.

However, you must follow the same guidelines to make a legal codicil as for an original will. If you want to make multiple amendments, it's better to make a new will that revokes the previous one.

Utah rules for divorce after making your last will

  • Utah law revokes any gift you leave to your spouse.
  • Revokes any appointment of your spouse as the trustee or executor 
  • However, the provisions will stand if you state otherwise in your Utah will or remarry your ex.

What happens if you don't have a will in Utah?

Case

What happens 

Has children, no spouse

Children inherit everything 

Has a spouse, no children

Spouse inherits everything 

Has a spouse and children 

(Children you share with that spouse)

Spouse inherits everything 

Has a spouse and children 

(Children you share with someone else)

Spouse inherits the first $75,000 and one-half of the remaining estate 


Children inherit the balance  

Has parents, no spouse, no descendants, no siblings 

Parents inherit everything 

Has siblings, no parents, no spouse, no children 

Siblings inherit everything 

Last Will and Testament Utah Free Template

You can quickly create a simple estate plan by downloading a Last Will and Testament Utah free template. It will be the best option if you don't have a large estate or complicated finances. You could check out the template and follow the necessary requirements to make your new Utah last will and testament. Once you go through the details and follow the required steps:

  1. Connect on TrulyWill and create your account.
  2. Discuss any issues or complications about your finances and personal relationships with our attorneys.
  3. Sign or notarize the document, depending on your state requirements. 

This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution. 

Some instances where it would be prudent to consult our experts before finalizing your will would be when you have a high net worth or complicated family and personal relationships. We also provide additional services for those unique requests:

  • Online expert support: You can connect with our experts online and clear your doubts.
  • Attorney support: For some specific and unique requirements, we also offer additional attorney support services for your will and trust.

If you're facing any of these issues, it's essential to consult an expert before proceeding. They could personally help you out with any doubts and create a solid and legally enforceable Utah last will and testament.

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Frequently Asked Questions

Can an executor or guardian refuse to take up the role?

Yes, your guardian or executor can refuse to take on the job. It is always better to ask the person and get their approval before mentioning them on your will.

Can I decide who would look after my minor children in my will?

Yes, you should name a person as the guardian of your children in your will. It would help avoid any hassles, and they could look after your kids after you pass away.

How should I store my will?

You should always store your last will and testament in a safe place, one which is accessible to your loved ones and doesn't pose any risk to the documents. It can be a safe locker or a safe in your home.

Can I write down my wishes and consider them a legal will?

Several states do not allow a self-written will unless you've followed the requirements. It would always be better to create a legal will by following all your state rules.

What would happen if someone passes away without a will?

The state's intestacy laws will be followed if someone dies without a will. The interested parties, like the spouse or children, would have to go through a probate process to get their share in the estate.
Jennifer Mcgee
Parent to five young children. Expert in Estate Planning, Probate, and Family Law Matters. Volunteer with Victim’s Advocates in the local sheriff's department...
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Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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