Revocable Trusts in Utah
Avoiding probate and protecting your family
If you died tomorrow, would your family spend the next year in probate court? Would they be able to access your accounts, sell your home, or manage your business—or would a judge control the timeline?
A properly structured revocable living trust prevents these problems. This page explains how trusts work in Utah, what they protect, and when they make the biggest difference.
Why this Matters
When their mom had a stroke, the family assumed they could step in and manage her finances. Instead, they were told they needed court approval for conservatorship because everything was still in her individual name. The process took three months and cost $7,500 before anyone could touch a single asset.
Probate isn’t just paperwork. It’s a court-controlled process that can delay access to assets, expose private details, and increase stress during grief.
Without a trust, families often face months of waiting, unexpected costs, and rigid rules that don’t adapt well to blended families or complex assets. For blended families, the stakes are even higher—Utah’s probate process can force immediate asset division, leaving a surviving spouse without a home or forcing adult children to wait years while disputes are resolved.
Incapacity creates a second risk. If you’re alive but unable to manage your affairs, your family may still need court involvement just to keep things running. A properly funded trust prevents these problems before they arise.
What a Revocable Living Trust Is
A revocable trust, also known as a revocable living trust, is a legal document that holds and manages your assets during your lifetime and directs how they are distributed after your death or incapacity—without court involvement.
In Utah, a properly funded trust allows you to:
- Avoid probate court after death
- Ensure seamless management during incapacity
- Maintain privacy (no public court records)
- Structure distributions over time for minor children or special needs beneficiaries
- Coordinate assets across multiple states
A revocable trust does NOT:
- Reduce income taxes during your lifetime
- Protect assets from creditors (an irrevocable trust may)
- Work if assets aren’t properly transferred into it
- Replace the need for powers of attorney or a will
How Revocable Trusts Work in Utah
Without a trust, most assets must go through Utah probate court under Title 75 of the Utah Code, a process that takes additional time, has increased costs, and becomes part of the public record. For incapacity, families must petition for conservatorship under §75-5-401, which can take several months and requires ongoing court supervision.
A Utah revocable trust typically works like this:
- Trust agreement is created
- You transfer assets into it (“funding”)
- You serve as trustee while alive and capable
- Your successor trustee steps in if you’re incapacitated or pass away
- Assets transfer privately, without court involvement
Utah law strongly supports trust-based planning when assets are properly titled. Unlike probate, there is no requirement for court filings, inventories, or accountings unless a beneficiary specifically requests them.
What Can Go Wrong if It's Done Incorrectly
A trust only works if it’s properly designed and funded.
- Creating a trust but never transferring assets into it: This is the most common trust failure. The trust document sits in a drawer, but the home, bank accounts, and investments remain titled in your individual name → meaning they still go through probate. A trust is only as good as its funding.
- Mixing trust property with non-trust property: Refinancing a home and taking it out of the trust “temporarily,” then never putting it back. Or opening new accounts in your individual name without transferring them to the trust. These gaps leave assets exposed to probate.
- Naming the wrong trustee or no backup: Choosing someone who lives out of state, has conflicts of interest, or doesn’t understand financial management. Or failing to name successor trustees, leaving the trust without management if something happens to you.
- Failing to coordinate beneficiaries: Naming different beneficiaries on life insurance, retirement accounts, and the trust itself—creating conflicts and unintended distributions.
- Failing to update trust after major life changes: Under §75-2-804, divorce automatically revokes provisions for a former spouse in a will but not always in a trust. Without updates, an ex-spouse could remain a beneficiary.
An unfunded or poorly coordinated trust provides less protection as your family still faces probate and possible additional costs implementing or altering a trust done poorly.
Who This Matters Most For
Revocable trusts are especially valuable for:
- Homeowners
- Families with minor children
- Blended families
- Individuals owning Utah or out-of-state real estate
- Business owners or LLC members
- Anyone concerned about incapacity or privacy
For many Utah families, a trust is the foundation of the estate plan.
How Things Play Out
The One Where the Trust Stepped In Instead
Adult Child at Risk — Third-Party Trustee Protection
Situation: Parents wanted to leave assets to an adult child who struggled with addiction and periods of unstable mental health. They worried that an outright inheritance would be spent quickly or worsen the situation.
Problem: Leaving assets directly to the child would have given full control, with no safeguards if judgment was impaired. Doing nothing would have passed assets outright under default rules.
Outcome: The parents’ revocable trust kept the child’s share in trust and named an independent third-party trustee. The trustee managed distributions for housing, treatment, and support, while preventing access to lump sums during high-risk periods.
Lesson: Trusts can protect beneficiaries from themselves by separating ownership from control, something outright inheritance and beneficiary designations cannot do.
The One Where Everyone Needed Protection
Blended Family — Clarity and Protection
Situation: Mark remarried at age 58 after his first wife passed. He had two adult children from his first marriage and wanted his second wife, Karen, to live securely in their Salt Lake home for the rest of her life. Ultimately, he wanted the home and remaining assets to pass to his children, not Karen’s adult son from her prior marriage.
Problem: If Mark died without planning, Karen would receive the first $75,000 plus half the remaining estate, with his children splitting the rest. This would have forced either a sale of the home or created co-ownership tension between Karen and stepchildren who barely knew each other.
Outcome: Mark’s revocable trust was structured so Karen had full use of the home and income during her lifetime, with the remainder passing to his two children after her death. The trust terms were clear, the trust became irrevocable after Mark’s death, and eliminated ambiguity about his intentions.
Lesson: Trusts allow blended families to balance care for a current spouse with protection for children from a prior relationship, something wills and intestacy laws cannot do cleanly.
The One Where Life Didn’t Pause for Court
Incapacity Planning — Medical Emergency Continuity
Situation: Sarah, 68, suffered a major stroke while traveling and lost the ability to manage her finances. Her revocable trust named her daughter as successor trustee, effective upon incapacity as certified by her physician.
Problem: Without a trust, her family would have needed to file for conservatorship in Utah probate court, a process that typically takes 60–90 days, requires ongoing court reporting, and generally costs at least $3,000–$8,000 in legal fees. During that time, no one could access her accounts, pay her mortgage, or manage her rental properties.
Outcome: Her daughter presented the trust document and physician certification to Sarah’s bank and property management company. Within 48 hours, she had full authority to pay bills, manage rental income, coordinate healthcare costs, and handle financial decisions, with no court involvement and no public proceedings.
Lesson: Revocable trusts provide continuity during incapacity that goes beyond what powers of attorney alone can handle, especially for complex estates.
How a Trust Fits Into a Complete Estate Plan
A trust works best when coordinated with:
- A will (as a backup)
- Powers of attorney
- Guardianship nominations
- Proper beneficiary designations
Trusts don’t replace estate planning—they organize it.
Common Questions
Whether a trust is right for you depends on your assets, family structure, and goals.
If you’re exploring your options, our team is here to help. An estate-planning consultation can help clarify whether a trust-based plan makes sense and determine the best next steps for your specific situation.
This page offers general educational information about Utah estate planning. It is not legal advice, and any examples described are hypothetical illustrations, not real clients or situations.