Do Utah Residents Really Need a Will? Separating Myths from Facts

If you live anywhere in Utah—whether Salt Lake City, Ogden, St. George, or Provo—chances are you’ve heard conflicting answers about wills. Some folks think they’re only needed if you’re wealthy; others skip planning altogether. The truth is, Utah law sets out clear rules for when a will is needed, how it must be written, and what happens if you don’t leave one. This plain-language guide busts common myths, highlights facts, and explains what makes a will legally valid in Utah.

This is one of the biggest misconceptions in places like Logan or St. George. Fact: In Utah, anyone who owns property, has minor children, or wants to control where their stuff goes after death should have a will—regardless of how much they own. Even if you rent, a will helps ensure your wishes are followed for belongings, bank accounts, or guardianship. Without a will, the court divides your assets based on Utah Code § 75-2-102, not your preferences.

Utah has clear requirements for a valid will. It must be:

• In writing (typed or handwritten—”holographic” wills are allowed)
• Signed by the person making the will (the “testator”), or by someone else under their direction in their presence
• Witnessed by at least two people (over 18), who sign within a reasonable time after watching the signing (Utah Code § 75-2-502)

Typed and handwritten wills are both popular in Utah County and rural areas, but failing to meet requirements makes a will easy to challenge—and sometimes throws your whole plan out the window.

Fact: If you die “intestate” (without a will), Utah courts follow state law to divide your property—often to a spouse or closest relatives—per Utah Code § 75-2-103. However, this might not match your wishes. For example, if you live in Provo and want close friends or charities to inherit, that won’t happen unless you state it in a valid will.

Contrary to popular belief in places like Ogden, Utah law does not require your will to be notarized. However, making your will “self-proving” by signing a notarized affidavit can speed up probate. This can save your family time, frustration, and money when your estate is handled in court (Utah Code § 75-2-504).

Even well-meaning Utahns can slip up. Here’s what to avoid:

1. Having only one witness (two are required)
2. Using online templates that skip Utah requirements
3. Forgetting to sign each page or the will itself
4. Not updating your will after marriage, divorce, or having kids
5. Writing informal “final wishes” notes, which may not qualify as a holographic will

These errors often cause expensive court battles or delay inheritances for months in Utah courts.

Watch this quick Utah explainer to better understand wills and how they apply in real cases.

This Utah video explains how these laws work in everyday life.

Utah is one of the states that allows handwritten “holographic” wills (Utah Code § 75-2-503). This means a will written entirely in your handwriting, signed by you, and clearly showing your intent can be valid. No witnesses are needed for a holographic will, but unclear or unsigned holographic wills still fail in Utah courts.

Example: In Cedar City, a resident wrote and signed a handwritten letter leaving possessions to family. Because it met the requirements, it was accepted in probate—even without witness signatures.

Here’s how Utah attorneys and families discuss will myths and estate planning in real life.

Description: This Utah post highlights real experiences or legal insights shared locally.

Before you sign, run through this Utah checklist:

• Is your will in writing—typed or entirely handwritten?
• Did you sign it? (Handwritten or electronic signatures are valid; see Utah Code § 46-4-201)
• Do you have two adult witnesses who also signed?
• If holographic: Is it ALL your handwriting and signed?
• Do you want a notary to make it “self-proving”?
• Have you given copies to someone you trust and stored it safely?

Bringing this list to your attorney or reviewing it before filing helps avoid costly mistakes in Utah courts.

Review your will after key life events—like marriage, divorce, a move to Utah, the birth of new children, or receiving a major inheritance. Update your will every 3–5 years, or whenever state law changes. Be sure updates don’t accidentally revoke earlier valid wishes (see Utah Code § 75-2-507).

Keeping an out-of-date will can cause confusion—even among close family—in Utah County probate court.