How to make a will in Utah and what can happen if you don't.
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Steps to Create a Will in Utah
Here's a quick checklist for making a will in Utah:
- Decide what property to include in your will.
- Decide who will inherit your property.
- Choose an executor to handle your estate.
- Choose a guardian for your children.
- Choose someone to manage children's property.
- Make your will.
- Sign your will in front of witnesses.
- Store your will safely.
What Can I Do With a Utah Will?
A will, also called a "last will and testament," can help you protect your family and your property. You can use a will to:
- leave your property to people or organizations
- name a personal guardian to care for your minor children
- name a trusted person to manage property you leave to minor children, and
- name a personal representative, the person who makes sure that the terms of your will are carried out.
What Happens If I Don't Have a Will?
In Utah, if you die without a will, your property will be distributed according to state "intestacy" laws. Utah's intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or your parents will get your property. This list continues with increasingly distant relatives, including siblings, grandparents, aunts and uncles, great aunts and uncles, nieces, nephews, cousins of any degree, and the descendants of a spouse who dies before you do. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.
Do I Need a Lawyer to Make a Will in Utah?
No. You can make your own will in Utah, using Nolo's Quicken WillMaker & Trust. However, you may want to consult a lawyer in some situations. For example, if you think that your will might be contested or if you want to disinherit your spouse, you should talk with an attorney. Nolo's will-making products tell you when it's wise to seek a lawyer's advice.
What Are the Requirements for Making and Signing Wills Utah?
To make a will in Utah, you must be:
- an individual 18 years of age or older, and
- of sound mind. Utah Code § 75-2-501.
You must make your will on hard copy. That is, it must be on actual paper. It cannot be on an audio, video, or any other digital file. (Although, see "Can I Make a Digital or Electronic Will?," below.) Type and print your will using a computer, or you can use a typewriter. Utah does permit handwritten wills Utah Code § 75-2-502 but they are usually not a good idea.
To finalize your will in Utah:
- you must sign or acknowledge your will in front of two witnesses, and
- your witnesses must sign your will within a reasonable time after you signed or acknowledged it. Utah Code § 75-2-502.
Although Utah law allows "interested" people to witness your will who stand to inherit from it (Utah Code § 75-2-505), it's generally best to only use "disinterested" witnesses to avoid claims of undue influence.
For holographic wills, you do not need witnesses, but your signature and all material portions of the will must be in your own handwriting. Utah Code § 75-2-502.
Do I Need to Have My Will Notarized?
No, in Utah, you do not need to notarize your will to make it legal.
However, Utah allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it. Utah Code § 75-2-504.
To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit that states who you are and that each of you knew you were signing the will.
Should My Will Name a Personal Representative?
Yes. In Utah, you can use your will to name a personal representative who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your personal representative that generally explains what the job requires. If you don't name a personal representative, the probate court will appoint someone to take on the job of winding up your estate.
Can I Revoke or Change My Will?
In Utah, you may usually revoke or change your will at any time unless you signed a contract not to revise your will. Utah Code § 75-2-514. You can revoke your will by:
- burning, tearing, canceling, obliterating, or destroying all or part of the will
- ordering someone else to burn, tear, cancel, obliterate, or destroy all or part of the will in front of you, or
- making a new will that says it revokes the old one or by having contradictory terms to the old will.
If you have two wills and it's not clear whether you revoked the old will or not, Utah has rules that determine whether your new will revokes the old one or simply adds to it. If you intended to revoke the old will, the old will is revoked. Utah law presumes you intended to revoke your old will if the new will disposes of all of your estate. If you didn't dispose of all of your estate in your new will, Utah law presumes you only meant to add on to your old will. In this situation, the executor should follow the instructions in both wills. If there's a contradictory term, the executor should follow the instructions of the new will for that particular term. Utah Code § 75-2-507.
If you and your spouse divorce (or if a court determines that your marriage is not legal), Utah law revokes any language in your will that leaves property to your spouse or names your spouse to be your executor. This rule also applies to your former spouse's relatives. However, this rule does not apply if you specifically state in your will (or divorce decree or contract relating to the division of your property) that divorce should not affect the provisions in your will or you remarry your spouse. Utah Code § 75-2-804. If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help.
If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will – this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).
Can I Make a Digital or Electronic Will?
Utah is one of a handful of states that technically allows electronic wills (e-wills). The requirements for making a valid e-will can be elaborate, and the concept is still fairly new. As a result, e-wills are still not commonplace. For more details on Utah's specific approach to e-wills, see What Is an Electronic Will?
Where Can I Find Utah's Laws About Making Wills?
You can find Utah's laws about making wills here: Utah Code Title 74 Uniform Probate Code Chapter 2 Intestate Succession and Wills Part 5 Wills.
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