Utah Will Attorneys

Protecting Your Legacy & Family’s Future

Planning for the future is one of the most vital steps you can take to protect your assets, provide for your loved ones, and ensure your final wishes are strictly honored. Without a legally sound estate plan, state laws and probate court decisions dictate what happens to your life’s work and who cares for your minor children.

At Pearson Butler, our team of experienced lawyers provides compassionate, comprehensive, and tailored estate planning services for individuals and families across the Wasatch Front. Whether you are drafting your first Last Will and Testament, updating existing documents after a major life change, or establishing a complete estate strategy with trusts and powers of attorney, our full-service law firm delivers the trusted legal guidance you need.

With over 30 qualified attorneys and over 300 years of combined experience, our team ensures every detail of your legacy is protected under current Utah law.

For experienced help in drafting, reviewing, or editing a will, call (800) 265-2314. Pearson Butler serves clients across Utah in all areas of estate planning.

What Is a Last Will & Testament?

A Last Will and Testament, most often referred to as a will, is a legal document that outlines one’s wishes regarding assets and property and also assigns one or more persons to manage the estate upon one’s death.

When a person dies with a will, this becomes a public document and a hearing is held on whether the will should be followed. Some wills are contested, and law school textbooks are full of examples of how and why these documents are fought, challenged, and the inheritance spent, all in court battles over language, terminology, and enforceability. It is important to make sure your will is clear and legally sound, to prevent any future disputes.

Legal Requirements for Executing a Valid Will Under Utah Law

Creating an enforceable estate plan requires strict adherence to state statutory mandates. In Utah, wills are governed by the Utah Uniform Probate Code (UUPC) under Utah Code § 75-2-502. If a document fails to meet these specific execution requirements, the probate court may declare it invalid, forcing your estate into default intestacy proceedings.

To ensure your Last Will and Testament stands up to judicial scrutiny in Utah district courts, the following criteria must be satisfied:

• Testatory Capacity & Legal Age: The individual executing the will (the testator) must be at least 18 years of age and of "sound mind"—possessing a clear understanding of their assets, their natural heirs, and the legal effect of signing the document.
• Written Document: Under Utah law, a valid will must be in writing (typed or handwritten). Oral or spoken wills ("nuncupative wills") are not legally recognized in Utah.
• Proper Signature Execution: The document must be signed by the testator, or by another person acting at the testator's conscious direction and in their physical presence.
• Attestation by Two Qualified Witnesses: At least two individuals must witness the testator sign the document (or acknowledge the signature) and sign the will themselves within a reasonable timeframe.
• Self-Proving Affidavit: To streamline the probate process, Pearson Butler attaches a notarized Self-Proving Affidavit (Utah Code § 75-2-504) to every will we draft. This official attachment creates a legal presumption that the execution rules were followed, allowing the probate court to accept the document without tracking down witnesses years later.

The Risks of DIY Wills and Online Templates

It's tempting to use a free online template to save time and money, but generic forms often fail to account for Utah-specific laws, complex family situations, or nuanced asset structures. Common issues we see with DIY wills include:

• Missing or improperly executed witness signatures
• Ambiguous language that leads to disputes among beneficiaries
• Failure to name an alternate executor or guardian
• No coordination with other estate planning documents, such as beneficiary designations or trusts
• Overlooked assets, such as digital property or out-of-state real estate

An attorney-drafted will costs more upfront but often saves families significant time, money, and heartache during probate.

Dying Without a Will

When an adult dies without a will, he or she is said to have died “intestate.” The courts and not the person’s surviving loved ones will determine how property is divided, based on the intestate succession laws of the state in which the person lived.

The following intestate succession laws apply in Utah:

• If you have a spouse and no children, or your children are shared with your surviving spouse, your surviving spouse will inherit everything.
• If you have children but no spouse, your children will inherit everything.
• If you have a spouse and children from you and someone other than your spouse, your spouse will inherit the first $75,000, plus half of the balance, and your children will inherit everything else.
• If you have parents but no spouse or descendants, your parents will inherit everything.
• If you have siblings but no descendants or parents, your siblings will inherit everything.

Benefits of Having a Will

Having a last will and testament offers several important benefits:

• Distribution of Assets: A will allows you to specify how your assets (money, property, investments) should be distributed after your death. This ensures that your belongings are distributed according to your wishes rather than through default legal procedures.
• Guardianship for Minor Children: If you have minor children, a will allows you to designate a guardian of your choice. This is crucial for ensuring that your children are cared for by someone you trust in the event of your death.
• Executor Appointment: You can appoint an executor in your will who will manage your estate, handle the distribution of assets, and fulfill your final wishes. This simplifies the probate process and ensures that your estate is managed according to your instructions.
• Avoiding Intestacy Laws: Without a will, your estate will be distributed according to the intestacy laws of your state or country. This may not align with your wishes and could lead to disputes among family members.
• Minimize Family Disputes: Clear instructions in a will can help minimize conflicts and disputes among family members regarding your estate and belongings.
• Tax Planning: A will can include provisions aimed at minimizing taxes on your estate, potentially saving your beneficiaries from unnecessary tax burdens.
• Peace of Mind: Having a will provides peace of mind, knowing that you have made arrangements for the future and that your loved ones will be taken care of according to your wishes.

Frequently Asked Questions About Wills in Utah

What is the difference between an Executor and a Trustee in Utah?

An Executor (referred to under Utah law as a Personal Representative) is appointed in a will to manage the probate process, pay final debts, and distribute assets passing through the court. A Trustee is named in a trust agreement to manage and distribute assets held inside the trust, operating outside of court supervision.

Do I need a will if I don't have many assets?

Yes. A will isn't just about property — it also allows you to name a guardian for minor children and designate who manages your estate, regardless of its size.

Can I change my will after it's created?

Yes. Wills can be updated or revoked at any time while you're alive and of sound mind, typically through a codicil (amendment) or by drafting a new will entirely.

What happens if my will is contested?

A contested will may go through formal probate litigation, where a judge determines its validity. Working with an experienced estate planning attorney from the start significantly reduces this risk.

Is a will enough, or do I also need a trust?

It depends on your goals. A will alone requires probate, while a trust can help your family avoid that process. Many clients benefit from having both.

How often should I update my will?

We recommend reviewing your will every few years, or after major life events such as marriage, divorce, the birth of a child, or a significant change in assets.

What happens if I move to Utah with a will drafted in another state?

Under Utah Code § 75-2-506, a will executed in another state is generally recognized as valid in Utah if it complied with the execution laws of that state at the time it was signed. However, because property rights, tax rules, and probate procedures vary by state, having a Utah estate planning lawyer review your out-of-state documents ensures seamless compliance with local laws.

Take All Appropriate Measures to Protect Your Wishes & Assets

A comprehensive estate plan drafted by a skilled attorney may do far more for your family than just a Last Will and Testament. With a trust, for example, you may be able to avoid probate, avoid the courts, and avoid public records – most of the costly issues that come up when you leave your estate to the courts. The team of experienced Utah estate planning attorneys at Pearson Butler can talk to you not only about a will but about every option available to you in preserving your assets, carrying out your wishes, and protecting your loved ones.

We can assist you in establishing or modifying your will in the following ways:

• Legal Expertise: Our firm provides expert legal advice tailored to your specific circumstances. We can explain the legal requirements for creating a valid will, ensuring that all necessary elements are included to avoid potential challenges in the future.
• Customization: We work closely with you to understand your wishes and intentions. Whether you are creating a new will or modifying an existing one, we ensure that your document accurately reflects your desires regarding asset distribution, guardianship of minor children, and other important matters.
• Complex Situations: If your estate is complex or involves special considerations (such as business interests, multiple properties, or blended families), our team can offer guidance on structuring your will to address these complexities effectively.
• Updates and Amendments: Life circumstances change, and your will should reflect these changes. We can help you update or amend your will as needed, ensuring that it remains current and legally binding.

Call (800) 265-2314 today to schedule your consultation. Pearson Butler serves all of Utah.