Make a Utah Last Will and Testament

Utah State Last Will and Testament Laws

Definition of Will - Section 75-1-201(58)

Laws - Title 75 (Uniform Probate Code)

Witnesses - According to §75-2-502, the Will must be signed by two (2) witnesses.

A Sample Utah Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, enter your full legal name along with your gender.

Step 2 - Type  your city and county of residence.

Step 3 - Enter your marital status from one of the following choices:

• Single
• Married
• Separated
• Divorced
• Widowed

If you are married or separated, enter the name of your spouse.

Step 4 -  If you have children, pets, property, or life insurance policies, provide that information during this step.

Step 5 - Enter your children’s names, if they are living, and whether or not they will be named as beneficiaries in your will. Now, enter the names of your pets. Finally, enter information about any life insurance policies you own.

Step 6 - Specify  the amount of money or percentage of the property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or for someone who has a disability of some kind, specify that here. Setting up a trust for someone with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - List the age that your children must be in order to start receiving benefits from their trust. Then, list how much of the trust will be received. Finally, list what age they will be when the benefits stop.

Step 9 - If there is a specific funeral home you want to use, enter that information here.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you die. Your Executor can be a beneficiary in your Will or your attorney. However, it is important for you to name one in this step. If you don’t, the probate court will name one for you, and it may not be someone you want. Provide the following information to name an Executor:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you die. You should also consider naming an alternate Trustee. If your assets are in a trust, provide the following information to appoint a Trustee:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include, and are not limited to, trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children, this step allows you to appoint a guardian, an alternate guardian, and/or a conservator to care for your children if you die. If you do not appoint a guardian, the probate court would make the decision. To appoint a guardian, include their:

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information for each beneficiary:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone number

When it is time for you to sign your will, your two witnesses must be present and ready to sign as well. After the signatures are complete, you should keep it somewhere safe yet easy to find. You could find it beneficial to have your Executor keep a copy of it.  

Why do you need a Utah last will and testament form?

Having a legal last will and testament in the State of Utah is an important step in the estate planning process. A will is a legal document that gives you the ability to express your desires on how your assets should be distributed when you die. Wills can include bank accounts, real property, jewelry, vehicles, or any other personal effects. It can also include any guardianship instructions for minor children, make charitable contributions, or even create trusts to take care of your pets.

The benefits of having a will

According to Utah law, there is no requirement to create a will. Yet, there are many advantages to having one.

• You can name an executor of your will. This is a person who will be legally responsible for carrying out your written instructions in your will.
• A Utah will allows you to detail what should be done with all of your assets.
• You can also include guardianship instructions for any minors that are in your care.
• You can create pet trusts.
• You provide one time or on-going charitable donations.
• The State of Utah offers an expedited probate process for estates worth less than $25,000.

The costs of not having a will

Without a will in the State of Utah, intestacy laws become enacted.This means that the Utah probate courts would make the decisions about your assets and guardianship of minors according to state law. That may or may not line up with your desires.  Without a will, the spouse will inherit the entirety of the testator’s estate, even if they share children. If the testator has children from a different relationship than their spouse, the surviving spouse will inherit the first $75,000 plus half the balance of the estate with the rest going to the other descendants. If there is no surviving spouse or children, the courts will determine the next closest relative to inherit the estate according to intestate succession. If the State of Utah cannot locate a relative, the State becomes the beneficiary and absorbs the assets.