A last will and testament is the only document that lets you control who gets your property, who raises your children, and who handles your estate after you pass away. Without one, Utah law decides these questions for you. A will gives you that control.
Last updated: July 2026
Key Takeaways
- A valid will lets you choose beneficiaries, an executor, and a guardian for minor children under Utah Code 75-2-502.
- Dying without a will means Utah’s intestacy laws distribute your assets, which may not match your wishes.
- Parents of minor children need a will to name a guardian; the court will otherwise decide who raises your kids.
- A will can reduce family conflict by making your intentions clear and legally binding.
- An experienced Utah estate planning attorney ensures your will is properly executed and enforceable.
Many Utah adults put off writing a will because they assume they are too young, do not have enough assets, or believe their family will handle things naturally. None of these assumptions are safe. Utah law has a default plan for your estate, and it likely does not match your personal wishes. A last will and testament is the simplest legal tool to reclaim that control.
Utah insight: Under Utah Code 75-2-502, a will must be in writing, signed by the testator, and witnessed by at least two people who are present at the same time. A will that fails any of these requirements is invalid, no matter what it says.
What happens if I die without a will in Utah?
If you die without a valid will, you die “intestate,” and Utah Code 75-2-101 controls how your property is divided. Your spouse generally receives the entire estate, but if you have children from a previous marriage, the outcome gets complicated. Your children from the prior relationship may receive a significant portion of what you intended for your current spouse. The court appoints an administrator, typically a family member, to manage the process. You lose all say in who handles your affairs. For blended families, dying without a will almost never produces the result you would choose.
Who will raise my children if I do not name a guardian?
If you have minor children and both parents pass away without naming a guardian in a will, the court decides who raises them. That person may be a relative you would not have chosen, or worse, your children could end up in foster care while the court sorts out competing claims from family members. A will is the only legal document where you can name a guardian for your children, and that nomination carries significant weight with the court. Naming a guardian is one of the most important reasons to have a will if you have kids in Utah.
Can I just use a free online will template?
Free online will templates are not tailored to Utah law and often miss critical requirements. A template cannot ask about your specific situation, such as whether you own real estate, have a blended family, or need a special needs trust. If the template fails to meet Utah’s execution requirements under 75-2-502, the will is invalid, and you are intestate regardless of your intentions. Utah courts see contested wills regularly, and a template-made will is much more likely to be challenged and overturned. The small savings on an online template are not worth the risk to your entire estate plan.
What does a Utah will let me control?
A properly drafted Utah will lets you control four major areas. First, you decide who receives your property and in what shares. Second, you name an executor to manage your estate through probate. Third, you appoint a guardian for your minor children. Fourth, you can create a testamentary trust within the will for beneficiaries who are too young or need financial management. A will can also address pet trusts, burial instructions, and specific gifts of personal property. Without a will, the court makes every one of these decisions for you.
When should I update my will?
You should review your Utah will every three to five years and immediately after major life events. Marriage, divorce, birth of a child, death of a beneficiary or executor, and significant changes in assets all require a will update. In Utah, divorce does not automatically revoke a will, meaning your ex-spouse could still inherit if you do not update the document. Moving to or from Utah may also affect your will’s validity, as each state has its own execution requirements. A regular review with a Utah estate planning attorney keeps your will aligned with your life.
Frequently Asked Questions
What is a last will and testament?
A last will and testament is a legal document that states how you want your property distributed after your death. It also lets you name an executor and a guardian for minor children.
Is a will legally binding in Utah?
Yes, a will is legally binding in Utah if it meets the requirements of Utah Code 75-2-502. It must be in writing, signed by you, and witnessed by two people who are both present at the same time.
Do I need a lawyer to write a will in Utah?
No law requires you to use a lawyer, but Utah’s execution rules are strict. A lawyer helps ensure your will is valid, complete, and tailored to your situation. Mistakes can invalidate the entire document.
Can I write my own will in Utah?
You can write your own will, but homemade wills are frequently challenged and found invalid. Utah courts apply the same strict standards to handwritten wills as to formal ones, and small errors can make them unenforceable.
How much does it cost to make a will in Utah?
The cost varies depending on complexity. A simple will from an attorney typically ranges from several hundred to a few thousand dollars. The cost of not having a valid will often far exceeds the attorney’s fee.
Can a will be contested in Utah?
Yes, any interested person can contest a will in Utah probate court. Common grounds include lack of capacity, undue influence, improper execution, or fraud. A properly drafted and executed will is harder to successfully challenge.
What happens to my debts when I die?
Your debts are paid from your estate before assets are distributed to beneficiaries. If the estate does not have enough money, creditors generally cannot go after your beneficiaries for the remaining debts.
A last will and testament is not a luxury; it is a fundamental tool for protecting your family and your wishes. Utah law provides a default plan for your estate, but that plan may not reflect what you want for your spouse, your children, or your property. The only way to ensure your voice is heard is to put it in a valid, properly executed will.
Do not leave your family’s future to chance. Jeremy D. Eveland, MBA, JD, can help you create a valid Utah will that protects what matters most.
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. Reading it does not create an attorney-client relationship.
Comments are closed.