Do I need a will in Utah, and what makes it valid?: 10 Quick Questions Answered

A will is a legal document that lets you decide what happens to your property after you die. In Utah, a valid will can spell out who gets your home, money, vehicles, and even who cares for your children if they’re under 18. Your wishes are only followed if your will meets all legal requirements under Utah Code § 75-2-502. That’s why getting it right matters.

If you have property, dependents, or specific wishes about your belongings, a will gives you control. Without one, Utah’s “intestacy” laws decide who gets what—and that may be very different from your intentions. Even if you live in Logan or Ogden and think your affairs are simple, having a will helps prevent disputes and delays in probate court. Couples, parents, and business owners should pay extra attention.

• You must be at least 18 years old and “of sound mind” when creating the will, per Utah Code § 75-2-501.
• The will must be in writing. Typed (printed) or handwritten wills are both accepted.
• You need to sign the will (or someone else can sign for you in your conscious presence and at your direction).
• Two witnesses—not named as beneficiaries—must sign after seeing you sign or acknowledge the will.

Skipping any of these requirements can lead to your will being declared invalid in Utah probate courts.

Yes. Utah recognizes “holographic” wills, meaning completely handwritten and signed by you, according to Utah Code § 75-2-503. However, to avoid mistakes or confusion, use plain language and make your wishes clear. If you want to type your will, it’s still wise to use a standard Utah template or see a lawyer for tricky situations (like blended families or out-of-state property).

Under Utah Code § 75-2-505, witnesses must be at least 18 and ideally should not inherit anything from your will. This keeps things simple and avoids claims of bias if your will is ever challenged.

• Pick witnesses who are not related to you or named in your will.
• The signing must take place with all witnesses present, either at the same time or separately, as long as each sees or acknowledges your signing.

Always store your will in a safe, accessible place—not a secret hiding spot only you know. Utahns often use a locked home safe, bank safe deposit box, or leave it with a trusted friend, family member, or attorney. Tell your executor (the person you choose to carry out your wishes) exactly where to find it.

Utah law doesn’t require a lawyer to make a will. Many people, especially those with straightforward situations in places like Provo or Layton, prepare their own using Utah-approved forms. But, if you own lots of assets, expect family conflict, or have a complex estate, getting legal advice can prevent costly mistakes.

Yes—Utah makes it easy to update or replace your will whenever you want, as long as you’re still mentally capable. Simply destroy the old one and make a new will with the new date. Remember to notify anyone holding an old copy and let your executor know about the changes, per Utah Code § 75-2-507.

If you die without a will (“intestate”), your property will be divided under Utah Code § 75-2-102 and § 75-2-103. Usually, your spouse and closest family inherit everything—even if that’s not what you wanted. The probate court will appoint a personal representative, and the whole process is slower and less flexible.

1. Forgetting to update your will after major life changes (divorce, new baby, moving to Utah).
2. Using witnesses who are also beneficiaries.
3. Not signing in the presence of witnesses.
4. Storing your will somewhere no one can find it.
5. Failing to revoke outdated wills.

Carelessness with any one of these causes delays and headaches for your loved ones.

• Use a current Utah will template or approved form.
• Have an unbiased adult witness (preferably two) watch you sign.
• Talk with family or your executor, so everyone knows your wishes.
• Review your will every few years, especially after marriage, divorce, or moving.