Do I need a will in Utah, and what makes it valid?: 7 Mistakes to Avoid

Many in places like Salt Lake City or St. George think wills are just for the wealthy. But under Utah Code § 75-2-501, any adult of sound mind can make a will—no matter how much you own. Without a will, Utah ‘intestate’ laws decide who gets your assets. This may not match your wishes or your family’s needs.

Utah law says a will must be in writing, signed by you, and witnessed by at least two ‘competent’ people (Utah Code § 75-2-502). Handwritten (holographic) wills can work, but they must show your intent and be entirely in your handwriting. Forgetting details—like having only one witness—can mean a judge rules your will invalid.

• Checklist: Is your will signed? Are there two witnesses? Is it all in writing?

Utahns in Ogden, Logan, and beyond sometimes forget to update their wills after big life changes—think marriage, divorce, new children, or moving property. An outdated will may no longer fit your actual wishes or family. Under Utah Code § 75-2-507, only a new will or a formal revocation can change your old one.

• Have major life changes happened since your will was made?
• Are your named beneficiaries and guardians still the right people?

Not just anyone can witness your will. In Utah, a witness should not be someone who stands to inherit from you, to avoid claims of undue influence (Utah Code § 75-2-505). Courts in Utah County regularly question wills with questionable witnesses, which can create probate headaches.

• Tip: Use independent adults, such as neighbors or co-workers, as witnesses whenever possible.

Utah lets you add a ‘self-proving affidavit’ to your will—basically, a sworn statement by you and your witnesses. This makes probate much simpler in Salt Lake and Provo courts because witnesses usually won’t need to testify (Utah Code § 75-2-504).

• Add a self-proving affidavit at the time you sign, or later in front of a notary.

It’s vital to be specific about who gets what. Vague language—like “my children” or “my house”—can create disputes. If you have minor kids in Utah (for example, in Lehi or St. George), clearly name a guardian. The court follows your wishes if they’re spelled out.

• Tip: Use full legal names and backup choices for guardians or executors.

Even a perfectly drafted will won’t help if your family can’t find it after you’re gone. Store your will in a safe but accessible place—such as a fireproof box or with a trusted Utah attorney. Tell your personal representative (executor) and another trusted person where it is.

• Avoid only keeping it at your bank (safe deposit) without naming who can access it after death.

In a recent Salt Lake County case, a handwritten will missing the required signature meant the estate had to follow Utah’s default intestacy laws, going to relatives the person may not have chosen. By following Utah’s formalities and naming the right people, you keep control over your wishes and protect your loved ones from unnecessary stress.

• Write your will or handwrite it yourself (for holographic wills).
• Sign it while mentally competent.
• Have two competent, independent witnesses watch you sign (for typed wills).
• Add a self-proving affidavit if possible.
• Be clear on who gets what, and who will serve as guardian or executor.
• Store the will somewhere safe and tell the right people where it is.