Under Utah Code Section 75-2-502, a valid last will and testament must be in writing, signed by the testator or by someone acting at the testator’s direction in the testator’s conscious presence, and signed by at least two witnesses who are present at the same time. The testator must be at least 18 years old and of sound mind at the time of execution.
Last updated: July 2026
Key Takeaways
- Utah requires two disinterested witnesses who sign the will in the testator’s presence.
- The testator must have testamentary capacity, meaning they understand the nature of making a will, the extent of their property, and the natural objects of their bounty.
- A will that is not properly witnessed is void under Utah law, even if the testator clearly intended it to be their will.
- Beneficiaries should not serve as witnesses because the will is not invalidated, but the beneficiary may lose their inheritance.
- Notarization is not required for a valid will but is needed for a self-proving affidavit under Section 75-2-504.
The formal requirements for a valid will in Utah are designed to prevent fraud and ensure the document genuinely reflects the testator’s intentions. When these requirements are not met, the will is declared invalid by the probate court, and the estate passes under the terms of any prior valid will or under Utah’s intestate succession laws. This outcome defeats the testator’s entire purpose in creating the will.
Utah’s will execution requirements are not particularly burdensome, but they are strict. Small errors, such as having only one witness instead of two, having a witness who is not present at the same time as the other witness, or having the testator sign before the witnesses arrive, can invalidate the entire will. The strictness serves a purpose: it creates a clear record that the testator acted voluntarily and with understanding.
What does it mean to have testamentary capacity under Utah law?
Testamentary capacity is the legal standard for mental competence to make a will. Under Utah law, a testator must understand the nature of the document they are signing, know the general extent of their property, know who the natural objects of their bounty are, and understand how the will distributes their property. The testator does not need to have perfect memory or business acumen, but must have sufficient mental function to understand these essentials.
Capacity is assessed at the exact moment the will is signed. A testator who has dementia or Alzheimer’s may still have lucid intervals during which they can execute a valid will. Conversely, a testator who is generally sharp but is under the influence of medication or suffering from temporary confusion at the signing may lack capacity. Utah courts look at medical records, witness testimony, and the will’s terms to determine capacity after the fact.
How many witnesses does Utah require for a valid will?
Utah law requires exactly two witnesses. The witnesses must be present at the same time when the testator signs the will or acknowledges the signature. Each witness must then sign the will in the testator’s presence. The witnesses do not need to read the will or know its contents. They are only attesting to the testator’s signature and the testator’s apparent mental capacity at the time of signing.
The witnesses should be disinterested, meaning they are not beneficiaries under the will. If a beneficiary serves as a witness, Utah Code Section 75-2-505 provides that the will is not invalidated, but the beneficiary-witness loses the bequest unless there are at least two other disinterested witnesses. To avoid complications, most Utah estate planning attorneys use staff from their own office or independent third parties as witnesses.
Does a Utah will need to be notarized?
Notarization is not required for a valid will under Utah law. However, many wills include a self-proving affidavit under Section 75-2-504, which must be notarized. A self-proving affidavit is a sworn statement signed by the testator and witnesses before a notary public, attesting that the will was properly executed. The affidavit allows the will to be admitted to probate without requiring the witnesses to appear in court to testify.
The practical advantage of a self-proving affidavit is significant. Witnesses may move away, become ill, or die before the testator dies. If the will has a self-proving affidavit, the probate court accepts the will without live testimony. If the will lacks this affidavit, the witnesses must be located and deposed or must appear in court, which adds time and expense to the probate process.
Utah Code Section 75-2-502 requires every will to be in writing, signed by the testator, and signed by at least two witnesses who are present at the same time.
Can a will be signed electronically in Utah?
Utah law does not currently authorize electronic signatures for wills. The will must be signed manually with a physical signature on a physical document. Utah has adopted the Uniform Electronic Transactions Act for commercial contracts, but wills are specifically excluded from its provisions. Some states have begun authorizing electronic wills, but Utah has not done so as of 2026.
This means a will stored on a computer or signed with a digital signature is not valid. The original signed will must be maintained in physical form. If the original is lost or destroyed, Utah law creates a presumption that the will was revoked, and the burdens of proof are significant under Section 75-2-506 regarding lost wills.
What happens if a Utah will is not properly executed?
If a will does not meet the formal requirements of Section 75-2-502, it is void and cannot be admitted to probate. The probate court will treat the testator as having died intestate, and the estate will be distributed according to Utah’s intestate succession laws under Section 75-2-101. This means the testator’s intended beneficiaries receive nothing, and the estate goes to the testator’s legal heirs under the statutory formula.
There is one exception: a document that fails as a formal will may still be valid as a holographic will under Section 75-2-503 if the signature and material provisions are in the testator’s handwriting. However, holographic wills are subject to their own requirements and limitations, and they are more likely to be contested than formally executed wills.
Can a person with a physical disability execute a valid will in Utah?
Yes. Utah law allows someone else to sign the will on behalf of the testator if the testator directs the signing in their conscious presence. This accommodates individuals who cannot physically sign due to illness, injury, or disability. The person signing must be at the testator’s direction and in the testator’s presence, and the witnesses must observe the process.
The will should include a statement indicating that the testator directed someone else to sign on their behalf due to physical inability. The witnesses should specifically attest to the testator’s direction and the testator’s mental capacity at the time. Proper documentation of the signing process protects the will from challenges based on the signature method.
| Requirement | Utah Law | Consequence If Not Met |
|---|---|---|
| In writing | Physical document, no electronic wills | Will is void |
| Testator age | At least 18 years old | Will is void |
| Testator capacity | Understand nature, property, and beneficiaries | Will may be contested |
| Testator signature | Manual signature or directed signature | Will is void |
| Two witnesses | Present at same time, sign in testator’s presence | Will is void |
| Notarization | Not required for validity | No self-proving effect |
Frequently Asked Questions
Can a beneficiary witness a will in Utah?
Yes, but the beneficiary may lose their inheritance under Section 75-2-505 unless there are at least two other disinterested witnesses. It is safer to use witnesses who are not beneficiaries.
Does Utah recognize nuncupative oral wills?
Utah does not recognize oral wills except in very limited circumstances for military personnel in active service or mariners at sea, and only for disposing of personal property. Oral wills for real estate or general estate planning are not valid.
Can I write my own will without an attorney in Utah?
Self-prepared wills frequently contain errors in execution or language that lead to probate disputes, invalidation, or unintended distributions. Professional legal guidance is essential to ensure your will is valid and enforceable.
What is the difference between a will and a living will in Utah?
A will disposes of property after death. A living will is part of an advance healthcare directive under Section 75-2a-101 and states your wishes for end-of-life medical treatment. They are separate documents.
How long is a will valid in Utah without being updated?
A validly executed will remains valid indefinitely unless it is revoked by a new will, a codicil, or physical destruction. However, outdated terms may not reflect your current situation or current law.
Can a will be challenged after the testator dies in Utah?
Yes. A will can be contested within the probate proceeding on grounds including lack of capacity, undue influence, fraud, improper execution, or that the will was revoked. The time limit for challenges is set by the probate code.
Do I need to file my will with the Utah courts while I am alive?
No. Wills are not filed with the court during the testator’s life. The will is kept by the testator, their attorney, or a safe deposit box. It is only filed with the probate court after death.
Can a will name a guardian for my children in Utah?
Yes. One of the most important functions of a will is to nominate a guardian for minor children. The court gives significant weight to the testator’s nomination but makes the final decision based on the children’s best interests.
How can I ensure my Utah will is valid and effective?
The best way to ensure your will is valid and effective is to work with a Utah estate planning attorney who understands the execution requirements of Section 75-2-502. Your attorney will supervise the signing ceremony, ensure the witnesses are properly selected and present, and prepare a self-proving affidavit to simplify probate. The cost of professional guidance is a small price for the assurance that your will will be honored.
After execution, store the original will in a safe place and tell your executor where it is located. Do not store it in a safe deposit box that requires a court order to open, as this creates unnecessary delays at the time of death.
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.
Comments are closed.