How to Make a Will in Utah

If you're a resident of Utah and thinking about making a will, you should understand what a will is and how to create one. A will, also called a "last will and testament," can help you protect your family and your property.

You also 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 an executor, the person who makes sure that the terms of your will are carried out.

Below you'll find an overview of what a will can do for you, what Utah laws require for making a valid will, and what the process looks like.

Steps to Create a Will in Utah

Here's a quick checklist for making a will in Utah:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose an executor to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will in Utah?

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 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. (Utah Code §§ 75-2-102; 75-2-103, 75-2-105 (2025).)

Can I Make My Own Will in Utah?

Yes. You can make your own will in Utah, using Nolo's Quicken WillMaker & Trust. However, you might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in Utah

To make a will in Utah, you must:

• be 18 years of age or older, and
• have testamentary capacity.

(Utah Code § 75-2-501 (2025).)

You have "testamentary capacity" if you:

• can identify and understand your relationship with your family members and other people in your life
• understand the nature and extent of your property, and
• can form a plan to give away your property.

(Utah Code § 75-2-501 (2025).)

You generally must make your will in writing on actual paper. It can't be on audio or video. (See "Can I Make a Digital or Electronic Will?" below.) (Utah Code § 75-2-502 (2025).)

How to Sign and Execute My Utah Will

To finalize your will in Utah, you must sign it, and:

• two people must witness you sign your will or witness you acknowledge that the will or signature is yours, and
• your witnesses must sign your will within a reasonable time after you signed or acknowledged it.

(Utah Code § 75-2-502 (2025).)

Although Utah law allows "interested" people to witness your will who stand to inherit from it, it's generally best to only use "disinterested" witnesses to avoid claims of undue influence. (Utah Code § 75-2-505 (2025).)

Utah does permit holographic wills (unwitnessed handwritten wills), but they usually are not a good idea. For a holographic will, you don't need witnesses, but your signature and all material portions of the will must be in your handwriting for it to be valid. (Utah Code § 75-2-502 (2025).)

Do I Need to Have My Will Notarized?

No, you don't need to notarize your will to make it legal in Utah. 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. 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. (Utah Code § 75-2-504 (2025).)

Can I Make a Digital or Electronic Will?

Utah allows electronic wills (e-wills). In Utah, the process for creating and executing an e-will, including the witness requirements, is similar to a traditional will. An e-will must be readable as text, but it can be stored and signed electronically. (Utah Code §§ 75-2-1401 and following (2025).)

The requirements for making a valid e-will can be elaborate. For more details on e-wills, see What Is an Electronic Will?

Can I Choose and Appoint a Personal Representative in My Will?

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?

In Utah, you may usually revoke or change your will at any time unless you sign a contract not to revise your will. (Utah Code § 75-2-514 (2025).)

You can revoke your will by:

• burning, tearing, canceling, obliterating, or destroying all or part of the will with the intent to revoke it
• ordering someone else to burn, tear, cancel, obliterate, or destroy all or part of the will in front of you with the intent to revoke it, or
• making a new will that says it revokes the old one, or by having contradictory terms to the old will.

(Utah Code § 75-2-507 (2025).)

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 (2025).)

If you and your spouse divorce (or if a court determines that your marriage isn't 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 doesn't apply if you remarry your spouse or you specifically state in your will (or a divorce decree or contract relating to the division of your property states) that divorce won't affect the provisions in your will. (Utah Code § 75-2-804 (2025).)

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).

Next Steps

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.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and living trusts—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on Utah wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in Utah, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in Utah?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in Utah, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your executor or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death.

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. The good news is that Utah doesn't have an estate tax, and very few people need to worry about federal estate taxes. Only people with estates worth several million dollars need to think about federal estate taxes, but a will won't help them avoid taxes. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.