To make a valid will in Utah, you must be at least 18 and of sound mind, sign the document, and have two people witness your signature or your acknowledgment of it. Utah also recognizes handwritten wills without witnesses, as long as the signature and material portions are entirely in your own handwriting.
Key Takeaways
- Utah accepts both standard witnessed wills and holographic (handwritten, unwitnessed) wills.
- A self-proved will, signed before a notary, skips live witness testimony during probate.
- You must be 18 or older and of sound mind to make a will under Utah's probate code.
- A will does not avoid probate; a funded living trust or beneficiary designations do that.
Who Can Make a Will in Utah?
Under Utah Code section 75-2-501, an individual 18 years of age or older who is of sound mind may make a will. For how a will fits with your other documents, see our Utah estate planning overview.
What Are the Execution Requirements?
Utah Code section 75-2-502 requires that a will be in writing, signed by the testator (or by another person in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed within a reasonable time after witnessing the signing or the testator's acknowledgment of the signature or the will.
Step 1: Decide What Goes in the Will
Identify your property, name your beneficiaries, choose a personal representative, and name a guardian if you have minor children.
Step 2: Choose Typed or Holographic Format
A typed and witnessed will is the more defensible option. Utah's section 75-2-502 also permits a holographic will, valid whether or not witnessed, if the signature and material portions of the document are in the testator's own handwriting, but this route invites more questions about intent and is harder to probate smoothly.
Step 3: Sign With Two Witnesses
Sign the will, or acknowledge your signature, with both witnesses present, and have them sign within a reasonable time after witnessing.
Step 4: Add a Self-Proved Will Affidavit
Utah allows a will to be made self-proved by the acknowledgment of the testator and affidavits of the witnesses before a notary, under Utah Code section 75-2-504. A self-proved will lets the probate court accept it without pulling your witnesses in to testify.
Step 5: Store the Will Securely
Keep the original in a safe, fireproof place, and make sure your personal representative or a trusted family member knows where to find it.
How Do You Update or Revoke a Utah Will?
A will can be revoked by executing a new one that expressly revokes it, by a later will inconsistent with the first, or by physically destroying the document with intent to revoke. Marriage, divorce, and the birth of a child are common reasons to revisit your Utah will, since these events change who would inherit if you had no valid will at all.
DIY Will vs. Hiring a Lawyer
A simple Utah estate is generally well suited to a carefully guided DIY will, as long as the witnessing rule is followed exactly. Complex family situations, a family business, or property in multiple states usually call for an attorney. For common mistakes to avoid either way, see common will mistakes in Utah. FastWill's Utah will package is built around the state's exact execution requirements.
How Does a Will Work With a Power of Attorney or Trust?
A will only governs what happens after death. Pair it with a power of attorney in Utah so someone can act for you if you become incapacitated, and consider a living trust in Utah if you want assets to bypass probate. Our Utah estate planning checklist covers how these pieces work together.
What Happens If You Skip the Will?
Without a valid will, Utah's intestacy statute decides who inherits your property, which may not reflect your wishes. See what happens if you die without a will in Utah for the full breakdown.
Common Mistakes to Avoid in a Utah Will
- Using only one witness. Utah requires at least two witnesses for a non-holographic will, and a single signature invites a probate challenge.
- Assuming a partly typed document qualifies as holographic. The signature and material portions must be entirely in your own handwriting for that exception to apply.
- Naming a beneficiary as a witness, which does not automatically void the will but can complicate probate and is best avoided.
- Failing to name a successor personal representative or backup guardian, leaving the court to appoint someone without your input.
- Not revisiting the will after marriage, divorce, or a new child, which can leave outdated instructions that no longer match your family.
What Does Making a Will in Utah Cost?
Attorney-drafted wills in Utah commonly run several hundred dollars or more, depending on complexity and whether a trust is part of the plan. A guided DIY builder is a lower-cost option for straightforward estates, as long as you still follow Utah's exact witnessing requirements when you print and sign the final document. The signature and witnessing steps matter more than what the template costs, since an improperly executed will can be rejected in probate no matter how well it reads.
Tell Your Family Where the Will Is
A perfectly executed will does no good if no one can find it when you die. Tell your personal representative, or at least one trusted family member, exactly where the signed original is kept, and consider giving them a copy along with contact information for anyone who helped you prepare it. Some Utah residents also choose to deposit their will with the district court clerk for safekeeping, which adds another layer of certainty that the document will be located when it is needed.
Frequently Asked Questions
Does Utah recognize handwritten wills?
Yes. A will is valid as a holographic will, whether or not witnessed, if the signature and material portions are in the testator's handwriting.
Do I need a lawyer to make a will in Utah?
No, but the will must still meet Utah's signature and witnessing requirements (or handwriting requirements for a holographic will) to be valid.
Does a Utah will need to be notarized?
Notarization is not required for basic validity, but it is required to add a self-proved affidavit, which speeds up probate.
Can a beneficiary witness my Utah will?
It is best practice to use witnesses who do not inherit anything under the will to avoid disputes later.
What is the difference between a will and a living trust in Utah?
A will takes effect only after death and generally goes through probate; a properly funded living trust can transfer assets to beneficiaries without probate court involvement.
Can I write more than one will in Utah?
You should only have one current, valid will at a time. If you sign a new will, it should expressly revoke any prior wills to avoid confusion about which document controls, since two inconsistent wills can lead to a will contest that delays your estate and increases legal costs for your family.
What if I move to Utah with a will made in another state?
Utah generally honors a will that was validly executed under the law of the state where it was signed, but you should still have it reviewed against Utah's requirements, particularly the witnessing rule, and update your personal representative and guardian designations to reflect your new residency.
