Do I Need a Will in Utah? What Makes It Valid and When to Update
Plain-English guide to who needs a will, Utah validity rules, holographic wills, storage, and update checkpoints
Utah Law Explained gives you the simple version. You are not required to make a will, but if you do not have one, Utah intestacy laws control who gets your property. This page explains when a will helps, what makes it legally valid in Utah, how handwritten wills work, and what to do after you sign so your wishes are easy to carry out.
Use this as a guide and a checklist. By the end, you can confirm your Utah will meets key requirements and know how to store and update it the smart way.
Who Needs a Will in Utah
Most adults benefit from a will. Without one, Utah intestacy rules divide assets between a spouse, children, or next of kin, which may not match your wishes.
Property Owners
Own a home, land, or business assets. A will directs who receives them and can smooth probate.
Parents of Minors
Name a guardian and set up how funds should be managed for kids.
Blended Families
Clarify gifts between a spouse, stepchildren, and children from prior relationships.
Gifts Outside Family
Leave assets to friends, charities, or anyone who would not inherit by default.
If You Die Without a Will
The estate still goes through probate. A judge appoints a personal representative who may not be your first choice.
Validity Checklist for a Utah Will
Under Utah Code §75-2-502, a will is valid if it meets the following. Use this like a quick audit before you sign.
Keep the signing ceremony clean. Everyone signs in the correct order, initials any pages if you choose, and stores final pages together. Avoid handwritten cross outs after signing.
Holographic Wills, Storage, and Access
Utah Holographic Will Rules
Self-Proving Affidavit
Safe Storage and Access
Step-by-Step: Make a Valid Utah Will
Draft Clear Terms
Identify yourself, revoke prior wills, name a personal representative, list gifts, and name a guardian for minors. Keep language simple and specific.
Sign With Two Witnesses
Sign the will. Have two disinterested adults watch you sign or acknowledge it, then they sign. Date the document.
Add a Self-Proving Affidavit
Optional but smart. Sign the affidavit with the two witnesses before a notary so probate runs smoother.
Store Safely and Share Location
Use a secure spot and tell your personal representative. Keep originals flat and stapled as signed.
Review on Life Changes
Update after marriage, divorce, birth, death, a move, or big purchases or sales. Plan a review every 3 to 5 years.
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Key Takeaways
You do not have to make a will, but without one Utah intestacy decides. A will lets you choose people and gifts.
Utah Code §75-2-502 controls validity. Two witnesses and clear intent are key. Add a self-proving affidavit for easier probate.
Store the original safely and review after major life changes. Avoid handwritten edits on a signed will.
This page is legal information, not legal advice. When in doubt, talk with a Utah estate attorney.
Next Step
Ready to put your wishes in writing. Draft, sign with two witnesses, add a self-proving affidavit, and store the original where your personal representative can find it.
Talk to a Utah AttorneyAn attorney can confirm your will meets Utah requirements, help with a codicil or a new version, and set up safe storage.