Salt Lake City Will Attorneys

Helping You Plan for the Future

At Pearson Butler, our team is dedicated to helping clients plan for the future and ensure their wills protect their interests and family. We understand that thinking about what will happen after you pass away can be difficult, but it is an important part of life. Our team is here to help you create a will that reflects your wishes and protects your loved ones.

Contact us today at (800) 265-2314 to let us help you protect your future and family.

What is a Will?

A will is a legal document that allows you to specify how you want your assets to be distributed after you pass away. It also allows you to name a guardian for your minor children. If you die without a will, your assets will be distributed according to Utah’s intestacy laws. This means that the state will decide who gets your property, and it may not be the people you would have chosen.

Creating a will is an important part of estate planning. It allows you to have control over what happens to your assets and your children after you pass away. It also makes the probate process easier for your loved ones.

Here are some benefits of having a will:

• Asset Distribution: You can decide who receives what from your estate, ensuring that your belongings go to the individuals or organizations you choose.
• Guardianship for Minors: If you have minor children, a will allows you to designate a guardian who will take care of them in case both parents pass away.
• Executor Appointment: You can appoint an executor, someone you trust, to manage your estate, pay debts, and distribute assets according to your wishes.
• Avoiding Intestacy Laws: Without a will, your estate may be distributed based on state laws, which might not align with your preferences. A will allows you to dictate your own terms.
• Minimizing Family Disputes: Clearly stating your wishes in a will can help prevent conflicts and disagreements among family members after your death.
• Charitable Donations: If you have specific charities or causes you care about, a will allows you to leave a portion of your estate to them.
• Tax Planning: While not all estates are subject to estate taxes, a will can include provisions that may help reduce the tax burden on your estate.
• Peace of Mind: Having a will provides peace of mind, knowing that you've planned for the future and the well-being of your loved ones.

What Can I Include in My Will?

When you create a will, you can include a variety of provisions. Some of the things you can include in your will include:

• Beneficiary Designations: You can specify who will inherit your assets, such as property, money, investments, and personal belongings. This includes family members, friends, charities, or organizations.
• Guardianship for Minors: If you have minor children, you can name a guardian to take care of them in the event of your death. This ensures that someone you trust will raise your children according to your wishes.
• Executor Appointment: You can designate an executor, also known as a personal representative, who will be responsible for carrying out the instructions in your will. This person will manage your estate, pay off debts, and distribute assets to beneficiaries.
• Specific Bequests or Gifts: You can leave specific items or amounts of money to particular individuals or organizations. For instance, you might want to leave a family heirloom to a specific family member or donate a sum of money to a charity.
• Residuary Estate Distribution: Any remaining assets that are not specifically mentioned in the will can be designated to beneficiaries as a residual part of your estate.
• Funeral and Burial Instructions: While not legally binding, you can include your preferences for your funeral arrangements or any specific requests you have regarding your final disposition.
• Disinheritance: You have the option to exclude certain individuals from inheriting from your estate by explicitly stating that they are disinherited.

When you create a will, you can also create a revocable living trust. This is a type of trust that you can change or revoke at any time. When you pass away, the assets in the trust will be distributed to the beneficiaries you have named. Creating a revocable living trust can help your loved ones avoid the probate process.

Utah Legal Requirements for a Valid Last Will and Testament

Drafting a will requires far more than putting your intentions on paper. For a last will to be legally binding in Utah, it must strictly comply with the execution formalities outlined in Utah Code § 75-2-502 (the Utah Uniform Probate Code). Minor procedural errors can lead to probate court delays, will contests, or complete invalidation of your document.

To ensure your will holds up in the 3rd District Court in Salt Lake City, the following legal criteria must be met:

• Legal Age and Mental Capacity: The testator (person making the will) must be at least 18 years old and of "sound mind," meaning they understand the nature of their property and the legal impact of signing the document.
• Written Execution: The will must be in writing (either typed or handwritten). Verbal declarations ("nuncupative wills") are not legally recognized under Utah law.
• Testator Signature: The will must be signed by the testator or by another individual acting in the testator's conscious presence and at their explicit direction.
• Two Attesting Witnesses: Utah law requires at least two competent individuals to witness the testator signing the document (or acknowledging the signature). Each witness must sign the will within a reasonable time after witnessing the execution.
• Self-Proving Affidavit (Recommended): While not strictly mandatory, executing a self-proving affidavit before a licensed Utah notary public creates a rebuttable presumption that the will was validly executed. This allows the court to admit the will to probate without requiring witness testimony years later.

Attempting to use online DIY templates often leaves out critical self-proving affidavits or fails to comply with Utah witness rules. Our Salt Lake City will lawyers at Pearson Butler ensure every document is meticulously executed to resist legal challenges.

Steps to Create a Will

Creating a will does not have to be overwhelming. At Pearson Butler, we guide clients through each step of the process with clarity and confidence.

1. Initial Consultation and Planning

We begin by discussing your goals, family dynamics, financial picture, and long-term wishes. This helps us determine what type of estate planning documents you need and how your will should be structured.

2. Identifying Your Assets

Before drafting your will, you’ll need to make a list of all significant assets, including:

• Real estate
• Bank accounts and financial investments
• Personal belongings or family heirlooms
• Digital assets
• Business interests

Clear identification of assets ensures nothing is overlooked and helps simplify the distribution process later.

3. Choosing Beneficiaries

Next, you will decide how you want your property distributed and to whom. Beneficiaries can include family members, friends, charitable organizations, or anyone you choose.

4. Appointing an Executor

The executor will manage your estate, pay debts, handle probate, and distribute property. Selecting someone responsible and trustworthy is essential.

5. Naming Guardians for Minors

If you have children under 18, your will allows you to designate a guardian. This is one of the most important decisions parents can make, as it ensures your children are cared for by the person you trust most.

6. Drafting the Will

Our firm drafts your will based on the information you provide and ensures that all Utah-specific requirements are met. This reduces legal risks and helps protect your estate from potential disputes.

7. Signing and Finalizing the Document

To be valid, a Utah will must be signed by the testator and witnessed by two individuals. We supervise the signing to ensure full compliance with state law.

8. Storing and Updating Your Will

We help you store your will securely and encourage periodic updates—especially after major life events such as marriage, divorce, the birth of a child, or significant changes in assets.

What Happens When You Die Without a Will in Salt Lake City?

If you pass away without a legally valid will, you die "intestate." In these situations, your personal wishes, verbal promises to family members, and non-traditional relationships carry no weight in court. Instead, the disposition of your life savings, home, and personal property is strictly dictated by Utah's intestate succession laws (Utah Code § 75-2-101 et seq.).

Default asset distribution under Utah intestacy laws:

• Surviving Spouse & Shared Children: If you leave a spouse and all of your surviving children are also children of your surviving spouse, your spouse inherits 100% of your intestate estate.
• Blended Families & Children from Prior Relationships: If you leave a surviving spouse and children from a prior relationship, the distribution changes drastically. Your spouse inherits the first $75,000 of intestate property plus half of the remaining balance, while your children split the other half equally.
• No Surviving Spouse: If you have no spouse, your assets pass equally to your children. If you have no children, your estate passes to your parents, followed by siblings, nieces, nephews, or distant relatives.
• State Escheat: If no living relatives can be located, your entire estate forfeits ("escheats") directly to the state of Utah.

Beyond asset distribution, dying intestate deprives you of the right to appoint a trusted guardian for your minor children. In such cases, a Salt Lake County judge will decide who raises your children without knowing your personal values or family dynamics.

Common Mistakes to Avoid

Even well-intentioned individuals can create wills that cause confusion or conflict down the road. Some of the most frequent issues we see include:

• Failing to name an alternate executor or guardian in case the first choice is unable to serve
• Leaving outdated beneficiary designations on retirement accounts or life insurance that conflict with the will
• Using a generic online template that doesn't meet Utah's specific witnessing and execution requirements
• Not accounting for jointly owned property, which may pass outside the will entirely
• Forgetting to update the will after a divorce, remarriage, or the birth of a child

Will FAQs

Do I really need a will?

Yes. Almost every adult benefits from having a will, regardless of wealth. A will ensures your wishes—not state law—determine what happens to your property and dependents.

Can I write my own will?

While Utah allows handwritten wills, these documents are more likely to contain errors or lead to disputes. An attorney-prepared will significantly reduces legal risk.

How often should I update my will?

You should review your will every 3–5 years or after major life changes such as marriage, divorce, the birth of a child, or a significant shift in assets.

Is a will the same as a trust?

No. A will takes effect after death, while a trust can help manage assets during your lifetime and potentially avoid probate. Many clients benefit from having both.

Serving Salt Lake City Since Day One

Pearson Butler has helped Salt Lake City families protect their legacies for decades. As one of the only mid-sized, full-service law firms in Utah, we bring together attorneys from estate planning, probate, tax law, and business law — all under one roof — so your will can be built with a complete understanding of how it fits into your broader financial picture. Whether you're a young family purchasing your first Salt Lake City home, a business owner with company interests to protect, or a retiree updating decades-old estate documents, our attorneys have seen it before and know how to guide you through it.

Call (800) 265-2314 or contact us online to schedule a consultation with our Salt Lake City will attorneys.