A Utah revocable living trust, governed by Title 75 Chapter 7 of the Utah Code, is a legal arrangement where the grantor transfers assets into a trust during their lifetime, retains full control as trustee, and avoids probate upon death. The trust can be amended or revoked at any time while the grantor is alive and has capacity, making it a flexible estate planning tool for Utah residents.
Last updated: July 2026
Key Takeaways
- A revocable living trust avoids probate for assets properly titled in the trust’s name.
- The grantor retains full control over trust assets during their lifetime as trustee.
- The trust provides incapacity management without the need for a court-appointed conservator.
- Trust assets pass privately to beneficiaries without public court proceedings.
- Funding the trust by retitling assets is essential for the trust to function as intended.
A revocable living trust is often described as the cornerstone of a modern Utah estate plan. Unlike a will, which only takes effect after death and requires probate court supervision, a living trust operates during the grantor’s lifetime and continues after death without court involvement. The grantor creates the trust, transfers assets into it, and manages those assets as trustee. When the grantor dies, a successor trustee takes over and distributes the assets to the named beneficiaries without any probate proceeding.
The Utah Uniform Trust Code at Title 75 Chapter 7 provides the legal framework for trusts in Utah. The UTC codifies the rules for trust creation, administration, modification, and termination. Understanding the UTC is essential for anyone creating or administering a revocable living trust in Utah. The UTC gives the grantor broad flexibility in designing trust terms, subject to certain mandatory rules that protect beneficiaries’ rights.
How does a revocable living trust avoid probate in Utah?
Probate is the court-supervised process of administering a deceased person’s estate. Only assets titled in the decedent’s individual name at death go through probate. Assets titled in a trust’s name are owned by the trust, not by the individual, so they are not part of the probate estate. When the grantor dies, the successor trustee simply distributes the trust assets according to the trust terms, without court involvement.
This probate avoidance is the primary reason Utah residents create revocable living trusts. Probate in Utah takes months, costs thousands of dollars in court fees and attorney fees, and makes the estate’s contents a matter of public record. A properly funded revocable living trust eliminates all of these drawbacks. Assets pass directly to beneficiaries without delay, without court costs, and without public disclosure of the estate’s value or the beneficiaries’ identities.
Can I amend or revoke a living trust in Utah?
Yes. Under Utah Code Section 75-7-602, a revocable trust can be amended or revoked at any time by the grantor, as long as the grantor has capacity. The trust document typically specifies the method for amendment, which usually involves executing a written trust amendment. The trust can be revoked entirely by executing a document of revocation that complies with the trust’s terms.
The ability to amend or revoke is what makes the trust revocable and distinguishes it from an irrevocable trust. As long as the grantor is alive and has capacity, the grantor can change the trust’s beneficiaries, change the trustee, modify distribution provisions, or revoke the trust entirely and take the assets back. This flexibility allows the estate plan to evolve with the grantor’s changing circumstances.
What happens to a revocable living trust if the grantor becomes incapacitated in Utah?
One of the most valuable features of a revocable living trust is its incapacity planning function. If the grantor becomes incapacitated due to illness, injury, or cognitive decline, the successor trustee named in the trust takes over management of the trust assets without any court proceeding. The successor trustee pays the grantor’s bills, manages investments, and handles financial affairs under the trust’s terms.
Without a trust, incapacity typically requires a court-appointed conservator to manage the incapacitated person’s finances. Conservatorship proceedings in Utah are public, expensive, and require ongoing court supervision. A properly drafted revocable living trust with a clearly designated successor trustee eliminates the need for conservatorship and provides seamless continuity of financial management during incapacity.
Utah’s Uniform Trust Code at Title 75 Chapter 7 governs the creation, administration, modification, and termination of trusts, including revocable living trusts.
What are the costs of creating and maintaining a revocable living trust in Utah?
The upfront cost of creating a revocable living trust in Utah is higher than creating a will alone. Most Utah estate planning attorneys charge between $2,000 and $5,000 for a complete trust-based estate plan, which typically includes the trust document, a pour-over will, a durable power of attorney, an advance healthcare directive, and HIPAA authorizations. The cost varies based on complexity, the number of beneficiaries, and the attorney’s experience.
Ongoing maintenance costs are minimal but real. The grantor must maintain records of trust assets, file separate tax returns for the trust if it generates income, and ensure new assets are titled in the trust’s name. The successor trustee may need professional assistance after the grantor’s death to manage and distribute trust assets. However, these costs are typically far lower than the cost of probate.
Is a revocable living trust right for every Utah resident?
A revocable living trust is beneficial for most Utah residents who own a home, have significant financial assets, or want to provide for incapacity management. It is particularly valuable for residents who own real estate in multiple states, as a trust avoids the need for ancillary probate proceedings in each state. It is also essential for blended families where the grantor wants to ensure children from a prior marriage receive their intended inheritance.
For Utah residents with very small estates, a will combined with beneficiary designations may be sufficient. The threshold at which a trust becomes cost-effective depends on the value of assets, the complexity of the family situation, and the grantor’s personal preferences. A consultation with a Utah estate planning attorney can help determine whether a revocable living trust is the right choice for your specific circumstances.
| Feature | Revocable Living Trust | Will Only |
|---|---|---|
| Probate avoidance | Yes | No |
| Incapacity management | Yes (successor trustee) | No |
| Privacy | Yes | No (public record) |
| Guardian nomination | No | Yes |
| Upfront cost | Higher | Lower |
| Ongoing maintenance | Some required | None |
Frequently Asked Questions
Does a revocable living trust protect assets from creditors in Utah?
No. Because the grantor retains control over trust assets, creditors can reach those assets during the grantor’s lifetime. Asset protection requires an irrevocable trust or other strategies.
Do I need a separate tax ID for my revocable living trust in Utah?
During the grantor’s lifetime, the trust uses the grantor’s Social Security number. After the grantor’s death, the trust must obtain a separate tax ID number for administration.
Can I be the trustee of my own revocable living trust in Utah?
Yes. The grantor typically serves as the initial trustee, retaining full control over trust assets. A successor trustee is named to take over upon the grantor’s death or incapacity.
How long does it take to create a revocable living trust in Utah?
A complete trust-based estate plan typically takes two to four weeks from initial consultation to signing. Funding the trust by retitling assets takes additional time after the documents are signed.
Can a revocable living trust hold real estate in Utah?
Yes. Real estate is commonly transferred into a revocable living trust by executing a new deed transferring ownership from the individual to the trust. The trust becomes the owner of record.
What happens to my revocable living trust if I move out of Utah?
The trust remains valid in other states. However, you should have it reviewed by an attorney in your new state to ensure compliance with local law. The trustee’s administration duties may also change.
Can a revocable living trust be contested in Utah?
Yes. Trust contests are possible on grounds including lack of capacity, undue influence, or fraud. The contest is brought in the district court rather than probate court.
Does a revocable living trust save taxes in Utah?
Utah does not have a state estate tax. For federal estate tax purposes, a revocable living trust does not provide tax savings because the assets remain in the grantor’s taxable estate.
How do I get started with a revocable living trust in Utah?
The first step is to consult with a Utah estate planning attorney who has experience with the Utah Uniform Trust Code. The attorney will review your assets, family situation, and goals, and recommend whether a revocable living trust is appropriate. If you decide to proceed, the attorney drafts the trust document, the pour-over will, and the supporting documents. After signing, you must fund the trust by retitling your assets into the trust’s name.
Funding is the step that most Utah residents overlook. Your attorney can prepare the deeds needed to transfer real estate into the trust and provide instructions for retitling financial accounts. The trust only works if it actually owns assets, so completing the funding process is essential for the plan to function as intended.
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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