Utah estate planning is the process of arranging how your assets will be managed and distributed during your life and after your death under the Utah Uniform Probate Code, Title 75 of the Utah Code. A complete estate plan typically includes a will, a trust, a financial power of attorney, an advance healthcare directive, and HIPAA authorizations tailored to Utah law.
Last updated: July 2026
Key Takeaways
- Utah Title 75 governs all estate planning and probate matters for Utah residents.
- A complete estate plan includes at least four core documents beyond just a will.
- Without a plan, Utah’s intestate succession laws determine who receives your assets.
- Proper funding of trusts and correct beneficiary designations are essential to avoid probate.
- Utah offers a simplified probate process for small estates under certain value thresholds.
Utah’s estate planning framework rests on the Utah Uniform Probate Code, codified at Title 75 of the Utah Code. The law covers everything from the formal requirements for a valid will to the administration of trusts and the distribution of assets when someone dies without a plan. Understanding how Title 75 applies to your situation is the first step toward building a plan that protects your family and your property.
The most effective estate plans do more than just distribute assets. They address incapacity planning, tax minimization, creditor protection, and the smooth transfer of family businesses or investment properties. Utah law provides specific tools for each of these goals, and the choices you make among them determine how much of your estate reaches your intended beneficiaries and how much is consumed by court costs, taxes, and delays.
What documents are included in a complete Utah estate plan?
A comprehensive Utah estate plan typically includes a last will and testament, a revocable living trust, a durable financial power of attorney, an advance healthcare directive, and HIPAA authorization forms. Each document serves a distinct purpose under Utah law, and omitting any one of them can leave gaps in your plan.
The will names beneficiaries for assets that pass through probate and nominates a guardian for minor children. The trust avoids probate for assets titled in its name and provides ongoing management for beneficiaries who need it. The power of attorney authorizes someone to handle your finances if you become incapacitated. The healthcare directive appoints someone to make medical decisions for you and states your wishes for end-of-life care. HIPAA authorizations ensure your agents can access your medical records when they need to act on your behalf.
How does the Utah Uniform Probate Code affect my estate plan?
The Utah Uniform Probate Code, Utah Code Title 75, sets the legal rules for wills, trusts, probate, guardianships, and estate administration in Utah. Every estate plan created by a Utah resident must comply with these statutes to be valid and effective.
Title 75 is organized into chapters that address specific areas. Chapter 2 covers wills and intestate succession. Chapter 5 covers powers of attorney. Chapter 6 covers nonprobate transfers. Chapter 7 covers trusts. Chapter 3 covers probate and estate administration. Understanding which chapters apply to your planning goals helps you and your attorney select the right legal tools.
What happens if I die without an estate plan in Utah?
If you die without a valid will in Utah, your assets pass under the state’s intestate succession laws found at Utah Code Section 75-2-101. The court will appoint an administrator to manage your estate, and your property will be distributed to your heirs according to a statutory formula that may not match your wishes.
Under intestate succession, your surviving spouse receives a portion of your estate, and the remainder goes to your children or other relatives. If you have no living relatives, your estate escheats to the state. The process requires court supervision, which adds time and expense. A will or trust gives you control over who receives your assets and who manages the process.
Nearly 65% of American adults do not have a valid estate plan in place, according to a 2024 Gallup survey.
How do I avoid probate in Utah?
Probate avoidance in Utah typically involves using a revocable living trust, proper beneficiary designations on financial accounts, and joint ownership with rights of survivorship. These strategies keep assets outside the probate estate so they pass directly to your chosen beneficiaries without court involvement.
A revocable living trust is the most comprehensive probate avoidance tool. You transfer ownership of your home, investment accounts, and other significant assets into the trust during your life. As trustee, you retain full control. After your death, your successor trustee distributes the assets according to the trust terms without any court proceeding. Retirement accounts, life insurance policies, and payable-on-death bank accounts pass outside probate through beneficiary designations.
How often should I update my Utah estate plan?
You should review your Utah estate plan every three to five years and immediately after major life events such as marriage, divorce, birth of a child, death of a beneficiary, significant changes in assets, or a move to or from Utah. Estate planning documents that are outdated can be worse than no plan at all.
Divorce automatically revokes certain beneficiary designations for a former spouse under Utah law, but other changes require affirmative action. If you created a trust before Utah adopted the Utah Uniform Trust Code, your trust may operate under different rules than newer trusts. Regular reviews with a Utah estate planning attorney ensure your documents remain consistent with your goals and current law.
What is the difference between a will and a trust in Utah estate planning?
A will is a legal document that takes effect after your death and must go through probate court to be validated. A trust is a legal arrangement that takes effect as soon as it is funded and avoids probate entirely. Both have their place in a comprehensive estate plan, but they serve different functions.
Wills are simpler and less expensive to create upfront. They allow you to name guardians for minor children, which trusts cannot do. Trusts are more complex and require ongoing management, but they provide incapacity planning, probate avoidance, and greater privacy. Many Utah residents use both: a pour-over will that captures any assets not transferred to the trust during life and a living trust that handles the bulk of the estate outside of probate.
| Factor | Will | Revocable Living Trust |
|---|---|---|
| Probate required | Yes | No |
| Guardian nomination for minor children | Yes | No |
| Incapacity planning | No | Yes |
| Privacy | Public record | Private |
| Cost to create | Lower | Higher |
| Requires ongoing funding | No | Yes |
Frequently Asked Questions
At what age should I create an estate plan in Utah?
Any adult age 18 or older in Utah should have at least a basic estate plan. Once you turn 18, your parents no longer have automatic legal authority to make medical or financial decisions for you, making a power of attorney and healthcare directive essential.
Do I need an attorney to create an estate plan in Utah?
Utah law allows you to create your own will or trust, but working with a qualified Utah estate planning attorney ensures your documents comply with Title 75 requirements and actually accomplish your goals. Errors in self-prepared documents often lead to costly probate litigation.
Can I change my estate plan after it is created?
Yes. You can amend or revoke your will through a codicil or by creating a new will. Revocable trusts can be amended during your lifetime. Irrevocable trusts generally cannot be changed without court approval or beneficiary consent under Utah Code Section 75-7-602.
What happens to my digital assets after I die in Utah?
Utah’s Revised Uniform Fiduciary Access to Digital Assets Act allows your executor or trustee to manage your digital accounts, including email, social media, and cloud storage, provided you have authorized access in your estate planning documents.
Is a notarized will valid in Utah?
Utah law does not require notarization for a valid will. However, a will signed with a self-proving affidavit before a notary under Section 75-2-504 can be admitted to probate without testimony from the witnesses, which simplifies the process.
Can I disinherit a spouse in Utah?
No. Utah’s elective share law at Section 75-2-201 gives a surviving spouse the right to claim a portion of the deceased spouse’s estate regardless of what the will says. You cannot completely disinherit a spouse unless a valid prenuptial or postnuptial agreement waives that right.
How do I choose an executor or trustee for my Utah estate plan?
Choose someone who is trustworthy, financially responsible, and willing to serve. Many Utah residents name a spouse or adult child. Corporate trustees such as banks or trust companies are appropriate for larger or more complex estates.
What is the Utah small estate affidavit process?
Utah allows a simplified probate process for estates valued at $100,000 or less under Section 75-3-1201. An heir can file a small estate affidavit with the court to collect assets without full probate administration.
When should I work with a Utah estate planning attorney?
You should work with a Utah estate planning attorney whenever your situation involves significant assets, a family business, minor children, a special needs beneficiary, a blended family, or concerns about creditor protection or tax planning. The cost of professional guidance is small compared to the cost of errors that surface after your death.
An attorney familiar with Utah Title 75 can help you choose the right documents, ensure they are properly executed, and guide you through the funding process so your plan actually works when your family needs it most.
Planning your estate in Utah? Jeremy D. Eveland, MBA, JD, can help you create a comprehensive estate plan that protects your legacy and your loved ones.
Call (801) 613-1472 or visit jeremyeveland.com to schedule a consultation today.
This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah estate planning attorney for advice specific to your situation.
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