Wills In Utah
If something happened to you tomorrow, would the right people inherit your property? Would your children be cared for by the people you trust?
A properly drafted will ensures your wishes control those decisions instead of Utah’s default inheritance laws. This page explains how wills work in Utah, what they protect, and where they fall short.
Why this Matters
After their dad died last year, the kids waited weeks for access to basic funds—even though he “had a will.” What no one realized was that his bank accounts had beneficiary designations that overrode the will entirely, sending everything to his ex-wife from 20 years earlier.
Many families assume having any will means their loved ones will be “taken care of.” In reality, probate can delay access to money, expose private details, and create conflict—especially when children, second marriages, or sentimental items are involved.
Without clear, valid planning, Utah’s probate court controls the timeline. For blended families, the risks multiply. Utah’s intestacy laws don’t care about your intentions for stepchildren or a second spouse. Without a will, your estate follows bloodlines—not the family relationships you actually built.
A will helps—but only if it’s done correctly and paired with the right additional planning.
What a Will Is
A will is a written set of instructions that directs how your property is distributed and who cares for your minor children after your death.
In Utah, a valid will allows you to:
- Direct who receives your property
- Name guardians for minor children
- Appoint a personal representative (executor)
- Give specific or sentimental items to certain people
In Utah, A will does NOT:
- Avoid probate court
- Control beneficiary-designated assets (life insurance, retirement accounts, payable-on-death accounts)
- Provide any protection during incapacity
- Protect assets from creditors or lawsuits
A will only becomes effective after death and must go through Utah probate court to be enforced.
How Wills Work in Utah
Without a valid will, Utah law decides who inherits, who manages your estate, and who raises your children—based on default rules that may not match your wishes.
Under Utah Code §75-2-502, a valid will must:
- Be in writing
- Be signed by the person making the will
- Be signed by two competent witnesses
Utah recognizes handwritten (holographic) wills under §75-2-502(2), but only if the ‘material’ portions are in the testator’s handwriting and signed by them. These frequently fail because courts must determine which portions are ‘material’, leading to litigation, interpretation disputes, and delayed probate.
Self-Proving Wills (Best practice in Utah)
Under Utah Code §75-2-504, a will can be made “self-proving” through a notarized affidavit signed by the testator and witnesses at the time of execution. This eliminates the need to locate witnesses during probate and prevents delays caused by witness unavailability. If you’re going to have a will in Utah, it should almost always be self-proving.
What Can Go Wrong if It's Done Incorrectly
Even a signed will can fail if it’s not executed properly or coordinated with the rest of your estate.
- Witness failures: Using beneficiaries as witnesses creates interested witness problems under §75-2-505. Having only one witness, or skipping witnesses entirely, invalidates the will.
- Outdated beneficiary designations: Your will says one thing, but your life insurance or retirement accounts name someone else. The beneficiary designation generally wins every time.
- Missing guardianship coordination: Naming a guardian in your will but not discussing it with the proposed guardian first, or failing to coordinate with a power of attorney.
- Probate asset mix-ups: Assuming your will controls everything, when jointly-held property, payable-on-death accounts, and trust assets bypass the will entirely.
- DIY template problems: Using generic online forms that don’t comply with Utah witnessing requirements or address Utah-specific issues.
Most of these mistakes don’t show up until after death, when it’s too late to fix them.
Who This Matters Most For
A will is essential for every adult, especially:
- Parents of minor children
- Homeowners
- Blended families
- Anyone with specific or sentimental gifts to distribute
- Anyone who wants to choose their personal representative
- Business owners with succession concerns
While a will is essential for these groups, most Utah families benefit from pairing it with additional planning to avoid probate delays and maintain privacy.
How Things Play Out
The One Where the House Had to Be Sold
Blended Family — The Forced Sale
Situation: Jack remarried after his first wife passed and wanted his new spouse to stay in the family home until her death.
Problem: He died without a will, and Utah intestacy laws gave his children from a prior relationship a legal share.
Outcome: The surviving spouse was forced to sell the home, where she’d lived with Jack for the past 15 years, to divide proceeds with stepchildren she barely knew.
Lesson: Without a will, Utah law, not your intentions, controls the outcome.
The One Where the Will Didn’t Count
Young Parent — The Missing Witness
Situation: Jamie downloaded a will online and signed it at home.
Problem: The will wasn’t properly witnessed and was ruled invalid.
Outcome: Her estate passed under Utah’s default rules instead of her wishes.
Lesson: A will only protects your family if it’s legally valid.
The One Where the Will Wasn’t Enough
The Will-Only Gap
Situation: Alex had a properly signed will and assumed that was enough.
Problem: His home still had to go through probate, causing delays and costs.
Outcome: His family waited months to resolve the estate while expenses accumulated.
Lesson: A will helps, but most families need additional planning to avoid probate delays.
How a Will Fits Into Your Estate Plan
A will works best when coordinated with:
- A revocable living trust: The will acts as a “safety net” through a pour-over provision, catching any assets you forgot to transfer into the trust during your lifetime and directing them into the trust after death.
- Powers of attorney: While a will only works after death, powers of attorney ensure someone can make financial and medical decisions during your incapacity (such as paying bills, accessing accounts, or making healthcare choices while you’re hospitalized or unable to act).
- Guardianship nominations: Your will formally names who should raise your minor children if you die, but you should also discuss these arrangements with the proposed guardians and coordinate with any co-parent’s estate plan to avoid conflicts.
- Beneficiary designations: Your will doesn’t control life insurance, retirement accounts, or payable-on-death accounts—so these must be coordinated to avoid unintended outcomes or conflicts with your will’s provisions.
No single document solves everything. Estate planning works when all pieces are aligned and updated together.
Common Questions
The right plan depends on your family, assets, and goals.
If you’re exploring your options, our team is here to help. An estate-planning consultation can help clarify these concepts 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.