The Utah last will and testament is a document that is created by a testator who is making arrangements for the desired distribution of their estate to be executed upon their death. This document may offer continued support through personal property, real estate, bank accounts and other fiduciary asset, for their families. The document may also provide for other beneficiaries to include friends and/or institutions or charities of their choice. When the testator has created a document that they are comfortable with, it must be signed by two witnesses and again by a notary. The testator may choose to change or revoke the document at any time.
Definition – Section 75-1-201(58)
Laws – Title 75 (Uniform Probate Code) – PDF Version
Signing (75-2-502) – Shall be signed by the Testator and by at least Two (2) individuals acting as Witnesses.
How to Write
Step 1 – The testator of this document may be established by simply entering their full legal name at the top of the page. After which the following must be entered:
- Name of Testator
- City
- County
- Review of the remainder of the paragraph
- Reading of the section “Expenses and Taxes”
Step 2 – Appoint an Executor by entering
- The chosen executor’s name
- City
- County and State of residence
Provision of a second executor should be a serious consideration inasmuch as one may never be certain if a situation may arise whereas the initial executor may become unwilling or unable for a myriad of reasons, to execute the document when the time comes. It would be wise for the testator to select a second executor in the event one is required. Once the testator has decided upon a second executor, provide the following information:
- Name of the alternate
- City
- County
- State in which the second alternate resides
Step 3 – Disposition of Property bequeathed to Beneficiaries
Beneficiaries – Enter the following information:
- Full legal name
- All current addresses for beneficiaries
- Describe the relationship between the beneficiary and the testator
- Enter the last four digits of the SSN for all persons named beneficiaries
- Enter a list/descriptions of property that the testator shall provide per beneficiary
Step 4 – Testator should review all titled sections:
- Omission
- Bond
- Discretionary Powers of Personal Representative
- Contesting Beneficiary
- Guardian Ad Litem Not Required
- Gender
- Assignment
- Governing Law
- Binding Arrangement
Step 5 – Witnesses/Signatures – All who shall serve as a signatory will be present one to another at the time of the signing of the document. All must enter:
- The name of their testator
- Date of testator’s signature
- Testator’s individual signature
- Testator’s printed name
Witnesses – Witnesses should review the brief statement and enter
- Date of the signatures
- Name of the testator
Witness 1 –
- Signature
- Physical Address
Witness 2 –
- Signature
- Physical Address
Step 6 – Affidavit of Testament – All signatories must review, then enter:
- State
- County
- Name of testator
- Name – 1st witness
- Name – 2nd witness
- AND
- Signature of testator
- Signature – 1st Witness
- Signature – 2nd Witness
Step 7 – Notary- As the testator completes the document, any signature shall be witnessed and acknowledge by a commissioned notary.
