Utah Last Will and Testament Template

A last will and testament is the bedrock of a good estate plan. It allows you to make choices about the distribution of your assets after your death. You may also name guardians for minor children and even for pets through a will and proper estate planning.

A living will is sometimes referred to as an advance health care directive. It is a legal document you use to specify your medical care wishes in the event that you were to become incapacitated. If you become unable to make your own health care choices, your health care providers would look to your living will for guidance.

Technically, yes. Utah law contains a provision allowing for handwritten wills. An unwitnessed will that is materially (mostly) handwritten can be used as a valid last will and testament. This is called a “holographic” will.

Due to difficulties interpreting handwriting, a holographic will can slow down the distribution of your assets and may increase the likelihood of someone contesting your will. A better plan is to properly sign a printed will. You should do so alongside two witnesses who will sign the will shortly after you do.

Yes, you can make your will self-proving in Utah. Having a self-proving will means that your witnesses do not need to testify before a probate court that they witnessed the will. This can speed up the process of distributing your assets if your witnesses are unavailable or unreachable.

To make your will self-proving, your witnesses must swear to affidavits and you need to swear an oath in front of an authorized officer.

Yes. Utah law allows for electronic wills. But there are certain requirements an electronic will must fulfill in order to be valid. It must:

• Be readable as text
• Be signed by you (the “testator“) or by someone else at your instruction
• Be witnessed by two people, either in person or electronically. They must sign within a reasonable time of having witnessed your signature.

Although Utah laws have evolved to permit electronic wills, these laws are much more recent and less tested than traditional estate planning laws. If you need to use an electronic will, you should consult an estate planning attorney who can make sure that you are following the correct procedures. Our DIY forms will create a will you can print instead of an electronic will.

Although you can distribute most of your property through your will, there are certain special categories of exempt property in Utah. The following exceptions apply:

• Jointly held property: Jointly held property and accounts with a named beneficiary transfer automatically and without the need for a will or intestacy statutes. This includes real estate held jointly between spouses and life insurance policies with named beneficiaries.
• Homestead allowance: Your spouse is entitled to $22,500 in homestead allowance out of your estate. If there is no surviving spouse, your minor, dependent children will split this amount.
• Personal property allowance: In addition to the homestead allowance, your spouse may claim $15,000 of furniture, vehicles, and personal possessions. If there is no surviving spouse, the children will split this amount, as they do with the homestead allowance.
• Family allowance: this is a third type of allowance in addition to the homestead and personal property allowances. The family allowance gives your spouse and minor children the right to reasonable maintenance payments out of your estate for up to a year.
• Elective Share: In Utah, a spouse has the right to an “elective share” of the estate. Although the exact amount of the estate varies depending on your specific circumstances, it is generally about a third.

There are two ways to make changes to a will. You can either write an amendment to your will (known as a “codicil”) or draft a new will. A codicil is sufficient for minor adjustments. But if you have gone through major life events, you should consider drafting a new will. Major life events include:

• Birth of children or grandchildren
• Adoption
• Marriage or divorce
• Death of a loved one
• Sale of a business

Any of these life situations could make you reconsider your will and plan for your loved ones differently. With our service, you can make changes to your will at no charge for a full year after purchase.