Writing Your Own Will in Draper, Utah: Risks of DIY Estate Planning
Can you write your own will in Draper, Utah?
Many people ask whether they can write their own will in Utah. The answer is yes—you can write your own will without a lawyer. Utah laws don’t require a specific will format, so you can draft one yourself or with help from an attorney. Some people use online estate planning tools to write their wills. In fact, Utah is one of the few states that has adopted the Uniform Electronic Wills Act and allows digital or electronic wills.
Utah also recognizes handwritten (holographic) wills as valid in Utah provided that they meet certain requirements. Holographic wills do not require notarization or any witnesses.
Are DIY wills a good idea?
A will is a legal document that lets you decide how your assets will be distributed after you pass away. It allows you to name a Personal Representative (also known as an executor) to manage your estate and carry out your wishes. If you write a will yourself using an online template, you are more likely to make mistakes and leave out important details.
Different states have different rules for wills. In Utah, a will is only valid if it meets the legal requirements and formalities outlined in Utah Uniform Probate Code § 75-2-502 (2024).
If your DIY will doesn’t meet these requirements, it could be declared invalid—meaning the court will decide how to distribute your assets instead of following your wishes. DIY wills may also overlook important tax considerations that can lead to additional estate taxes for your heirs.
If you own a business, have multiple properties, have a blended family, have a minor child with special needs, or think that your will might be contested, a basic DIY template will be insufficient for you. In these situations, it’s best to consult an estate planning lawyer.
Check out our article on how to write a will in Utah , to learn more about the legal requirements for making and signing wills in Utah.
Does my will need to be notarized?
No, notarization is not required to make a legally valid will in Utah.
However, you can choose to make your will “self-proving,” which can make the probate process quicker. To do this, you and your witnesses must visit a notary to sign an affidavit confirming your identities and that you all knew you were signing the will. This allows the court to accept the self-proving wills (also known as a will with a self-proving affidavit) without needing to contact the witnesses. (Utah Code § 75-2-504 (2024).
Why you should consult an estate planning attorney in Draper, Utah
Working with an estate planning attorney to create your will offers several advantages over DIY options. An attorney will assess your situation and help identify your priorities to create a personalized estate plan. Online platforms that create wills from cookie cutter templates lack the legal expertise for your situation, nor do they have the specific knowledge of state laws needed to draft a will that meets your and your family’s needs. Only a qualified estate planning attorney can guarantee that your will is legally sound and covers all legal and financial aspects.
You can learn more about why in-person estate planning with an estate planner attorney is the best choice for your future.
Contact an experienced Draper, Utah estate planning attorney today!
At Watts Law, I’m here as an experienced estate planning attorney to help Draper residents navigate the will-making process with ease, making it simple, approachable, and clear. Contact my law office today at (801) 630-8309 to schedule a free consultation.