How to Write a Will in Salt Lake City, Utah

A will is an estate planning document that allows you to specify who will handle your estate, inherit your assets, and care for your kids after your death.  If you die without a will in Utah,  your estate will typically go to your spouse and children. If you have no children, it will go to your closest relatives. When there’s no clear next of kin, your estate could end up going to the state of Utah.

For a will to be valid in Utah, you must follow the legal requirements and formalities outlined in the   Utah Uniform Probate Code § 75-2-502.

Steps to Create a Will in Utah

Here’s a checklist for creating a will in Utah:

  • Decide what property to include in your will: Make a list of all assets such as real estate, personal items, and financial accounts, that you want to distribute to your beneficiaries.
  • Choose your beneficiaries: Decide who will inherit your property and any specific items or amounts you want to leave to them.
  • Select an executor: Choose someone you trust to handle your estate, pay debts, and distribute assets according to your will.
  • Appoint a guardian: If you have minor children, choose someone to care for them in case of your passing.
  • Name a guardian for children’s property: Choose someone to manage any property your children inherit until they are old enough to take over.
  • Write your will: Draft the will with a lawyer, ensuring it reflects your wishes clearly.
  • Sign and witness the will: Sign your will in front of two witnesses to make it legally valid.
  • Store the will safely: Keep your will in a secure location, like a safe deposit box, and inform your executor or family members where it is.

What Are the Requirements for Making and Signing Wills Utah?

In Utah, there are certain requirements that must be met to make your Will legally valid.

Legal Capacity

To create a valid Will in Utah, you need to be at least 18 years old, married, or a member of the U.S. armed forces. If you meet any of these criteria, you’re considered to have the legal capacity to make a Will.

Testamentary Capacity

Testamentary capacity means being mentally capable of understanding what you’re doing when creating your Will. To have testamentary capacity, you need to understand:

  • The nature of the business you’re engaged in (writing your Will).
  • The effect of making a Will.
  • The property you own and how it will be distributed.
  • Who your natural beneficiaries are (typically family members).
  • That you’re leaving your property to others after you die.

Testamentary Intent

Testamentary intent means that you are creating the Will with the clear intention to dispose of your property after your death. This means that when you sign your Will, you’re making a plan that takes effect once you pass away.

Will Formalities

In Utah, a will doesn’t need to be notarized to be legal and enforceable.

There are three key formalities to execute a legally enforceable will in Utah (UT Code § 75-2-502).

  • The Will must be in writing 
  • It must be signed by the testator (or by someone else at the testator’s direction and in their conscious presence) in front of two witnesses who are not beneficiaries.
  • Witnesses must sign the will within a reasonable time after witnessing the testator’s signing of the will or acknowledgment of their signature.

Do I Need a Lawyer to Make a Will in Utah?

Utah law does not have a statutory form for a Will or require notarization. This means you can technically either write a will yourself or hire an attorney to draft it. However, if you create a Will on your own and fail to meet legal requirements, the probate court will not enforce it. Although it is possible to make a Will without a lawyer, you are encouraged to consult a lawyer if you want to ensure that your will is legally valid, especially if you have a larger estate, blended family, or intend to make charitable donations. 

Contact an Estate Planning Lawyer in Utah Today

If you need help with a last will and testament in Utah, feel free to contact me, the experienced   Watts Law Salt Lake City wills attorney   at (801) 630-8309 for a free consultation.