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Do you want to talk to a lawyer about your estate planning needs?

You may have a unique situation or have specific questions about what is right for you and your family. In these cases, it may be best to talk to an attorney.
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  • Caring for children with special needs
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Do you have children from a previous relationship or a child with special needs?

There are special considerations to make if you have a blended family or a child with special needs. In these cases, it may be best to talk to an attorney.
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  • …and any other concerns you have!
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Do you have a large estate or an interest in more advanced estate planning tools like trusts?

If your estate equals or exceeds a value of $1 million, or needs special estate planning tools like trusts, it may be best to talk with an attorney.
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a FindLaw Attorney

Our directory of experienced, local attorneys can help you with circumstances such as:
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  • Establishing and maintaining trusts
  • …and any other concerns you have!
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Are you looking to have your estate planning basics covered?

Our Estate Planning Package includes a Last Will & Testament, Health Care Directive & Living Will, and Financial Power of Attorney to cover all of your basic estate planning needs.
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Do you have a spouse with similar needs?

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Do you have minor children?

If you have minor children, you will want to name a guardian for them.
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Do you have pets?

If you have a pet or pets, you will want to name someone to care for them.
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Do you want to leave gifts to people or a charity?

If you want to give items or money to people or charities, you will want to make what are known as “specific gifts.”
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Do you own a business?

If you own a business or a share of a business, you will want to plan for succession of ownership.
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Do you want to decide how your property is distributed when you pass away?

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Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.
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Do you have a spouse with similar needs?

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Do you have a spouse with similar needs?

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Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.
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Do you have a spouse with similar needs?

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Do you have a spouse with similar needs?

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Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

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Do you have a spouse with similar needs?

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Thank you for taking our quiz!
Your answers suggest you might benefit from:

Speaking with
a FindLaw Attorney

Our directory of experienced, local attorneys can help you with circumstances such as:
What’s included:
  • Being part of a blended family
  • Caring for children with special needs
  • Establishing and maintaining trusts
  • …and any other concerns you have!
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Estate Planning Package

For One person

$135
What’s included:
  • Last will and testament
  • Living will
  • Power of attorney
  • Free HIPAA release form
  • A comprehensive plan — for less
  • Free changes and revisions for up to one year after purchase
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Power of Attorney

For one person

$39
What’s included:
  • Step-by-step guided process
  • A power of attorney that’s tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free changes and revisions to your will for up to one full year after purchase
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Living Will

For One Person

$39
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
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Last Will and Testament

For One Person

$79
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
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Estate Planning Package

For two people

$255
What’s included:
  • Two wills, living wills, and powers of attorney
  • Two free HIPAA release forms
  • You and your loved one create your own estate plans tailored to your individual needs
  • Attorney-approved documents customized to your state’s laws
  • Free changes and revisions for up to one year after purchase
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Power of Attorney

For two people

$78
What’s included:
  • Step-by-step guided process
  • A power of attorney that’s tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free changes and revisions to your will for up to one full year after purchase
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Living Will

For Two People

$78
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
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Last Will and Testament

For Two People

$149
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
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Living Will + Power of Attorney

For one person

$78
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
  • A power of attorney that’s tailored to your needs
  • Free changes and revisions to your will for up to one full year after purchase
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All done! Based on your answers, we recommend:

Last Will and Testament + Power of Attorney

For one person

$118
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A power of attorney that’s tailored to your needs
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All done! Based on your answers, we recommend:

Last Will and Testament + Living Will

For One Person

$118
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A living will tailored to your needs
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
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All done! Based on your answers, we recommend:

Living Will + Power of Attorney

For two people

$156
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
  • A power of attorney that’s tailored to your needs
  • Free changes and revisions to your will for up to one full year after purchase
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All done! Based on your answers, we recommend:

Last Will and Testament + Power of Attorney

For two people

$227
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A power of attorney that’s tailored to your needs
Close

All done! Based on your answers, we recommend:

Last Will and Testament + Living Will

For Two People

$227
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A living will tailored to your needs
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase

How to Make a Will in Utah FAQ

Making a will in Utah is a significant first step to your estate planning goals. You should be responsible for who receives your property and who cares for your young children. A will simplifies the probate process after you die. But how do you make a Utah will? We have the answers to your frequently asked questions.

Table of Contents

What If I Die Without a Will in Utah?

A person who dies without a will in Utah is “intestate.” As such, a probate court must follow state intestacy laws determining who inherits your estate. You may not like the result. Under the Utah code, your estate passes to your spouse and descendants, if any. Otherwise, it goes to your next of kin. So if you have a life partner but are unmarried or you have a stepchild that you have not adopted, they do not inherit anything. And if the court cannot determine your next of kin, your estate goes to the state of Utah.

Also, a court decides on child custody without your input if you have minor children.

What Does a Will Do?

A last will and testament is a legal document allowing you to state your wishes about who handles your estate, inherits your assets, and cares for your minor children. In your will, you can do the following:

With a will, the probate process moves more quickly, saving your family and loved ones time and money.

What Doesn’t a Will Do?

While you can leave property and assets in your will, there are specific assets you own that do not pass by a will. These “non-probate” assets, accounts, and policies transfer to the beneficiaries you name. These accounts and policies may include the following:

  • Funds in transfer on death bank accounts and investment accounts
  • Proceeds from life insurance policies and annuities to named beneficiaries (other than your estate)
  • Pensions, retirement benefits, 401(k)s, IRAs, and Keough accounts
  • Any property owned as joint tenants with the right of survivorship
  • Any property in revocable living trusts or irrevocable trusts

It is a good idea to check the beneficiary designations on your accounts and policies. And name a backup beneficiary in case your primary beneficiary dies before you. Any assets or proceeds without a beneficiary go back into your probate estate.

Who Can Make a Will in Utah?

Under Utah law, a testator (the person making the will) must meet certain qualifications, namely age and mental capacity.

  • Age: The testator is 18 years of age or older.
  • Sound Mind: The testator has a sound mind. A sound mind means the testator understands what property they own, who would naturally inherit their property, and the effect of signing their will.

Utah residents with concerns about if they can make a will should contact an estate planning attorney for legal advice

Does Utah Have a Statutory Will?

No. Utah does not provide a specific will format or statutory form. You can either do it yourself or hire an attorney. Many people use online estate planning tools such as FindLaw Legal Forms and Services to create a will conforming to Utah laws.

What Types of Wills Does Utah Accept?

There are different ways to make a will, but Utah only accepts certain formats. Knowing what types of wills that Utah recognizes is a good idea.

  • Handwritten Will: A holographic will is a will written entirely by the testator and signed without any witnesses. Utah permits holographic wills only if the testator’s signature and material portions of the document are in the testator’s handwriting.
  • Oral Will: An oral will or will that the testator speaks is also called a nuncupative will. Utah does not permit oral wills.
  • Electronic Will: An electronic will is a will signed, witnessed, or notarized by electronic methods. Utah does not recognize electronic wills at this time.

Most wills are printed or typed with witnesses to the testator’s signature. A simple handwritten will without witnesses may be subject to challenges based on fraud or undue influence.

Can I Make My Own Will in Utah?

Yes. You can create your own will in Utah. If you have a simple estate and know what property you own and who you want to give it to, you can make your own will. A benefit of using online legal services such as FindLaw Legal Forms and Services is that you can easily customize and update your will. For example, if you have a new child or a death in the family, you can easily revoke your old will and make a new one.

How Do I Make My Will Valid in Utah?

To make your will valid, you must follow Utah’s specific requirements.

  • Signature: The testator signs their will or directs someone in their presence to sign on their behalf.
  • Witnesses: At least two witnesses see the testator sign their will or acknowledge to the witnesses that the signature is the testators. Some states prohibit interested witnesses, meaning witnesses who receive something in the will. You may use interested witnesses in Utah. However, you may want independent witnesses so no one can claim an interested witness unduly influenced you.
  • Notary: A testator does not need a notary to attest to their signature. But you need a notary if you want to use a self-proving affidavit.
  • Self-Proving Affidavit: A self-proving affidavit is a statement you attach to your will in which the testator and witnesses swear before a notary that they signed the will and met all the requirements. This affidavit lets the personal representative submit the will to probate court without getting the witnesses to testify.

Can I Disinherit My Spouse in Utah?

No. Unless they waive their rights to your estate through a pre-marital or post-marital agreement, you cannot disinherit your spouse. The surviving spouse may receive an elective share if you leave them out of your will. An elective share is a part of a decedent’s estate that a spouse may claim if left out of the will.

Can I Disinherit My Children in Utah?

While a child does not have the right to inherit from their parents, if a child is born or adopted after the signing of the will, they may receive an omitted child’s share, similar to an intestate share. A child with no surviving parents may receive a family allowance, some exempt property, and a homestead allowance. If you want to specifically disinherit a child, you may want to state it in your will along with the reason.

What Estate Planning Documents Should I Have in Utah?

A will gives you peace of mind and makes things easier for your family after you die. But you should consider other estate planning documents that are helpful during your lifetime.

  • Power of Attorney. A power of attorney is a document that allows you to appoint someone you trust as your agent to make financial decisions for you when you cannot do so. Your agent has a fiduciary duty to act in your best interest. You determine what powers to grant your agent and when your agent’s authority begins and ends.
  • Living Will. A living will or advance medical directive allows you to name a person to make health care decisions on your behalf if you are unable. It also lets you leave instructions about life-sustaining treatments and end-of-life care you may or may not want. If you don’t leave your wishes, your loved ones have the burden to decide for you.

Fortunately, making a valid will and creating other Utah estate planning documents is easy with online estate planning templates.

Estate planning solutions to fit your needs.

Written by:

Catherine Hodder, Esq.

Senior Legal Writer

Reviewed by:

Jordan Walker, J.D.

Legal Writer