Updated June 13, 2022
A Utah last will and testament is a legal document used for estate-planning purposes in which a testator (the person to whom the will belongs) sets forth into writing how they would like for their estate to be distributed among selected beneficiaries after the testator’s death. A will allows the testator to record directives regarding the after-death distribution of their real and property, insurance policies, digital assets, fiduciary accounts, cash-on-hand, and much more. Through making a will, a testator will name beneficiaries of their estate; some of the most commonly named individuals considered as beneficiaries include spouses, children, friends, and even charitable organizations. Will documents must be signed by the testator in the presence of two (2) or more competent witnesses in order to be legally executed in the State of Utah. Both witnesses must also provide their signatories on the document. Though optional, a will can be acknowledged by a state-authorized notary public to further protect its legality. A will may be changed or revoked at the decision of the testator.
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Laws
Definition – (Section 75-1-201(58)) – “Will” includes codicil and any testamentary instrument which merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.
Signing Requirements (75-2-502) – Shall be signed by the Testator and by at least two (2) individuals acting as Witnesses.
Statutes – Title 75 (Uniform Probate Code)
Video – How to Make a Will in Utah
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 (Optional) – Notary- As the testator completes the document, any signature shall be witnessed and acknowledge by a commissioned notary.
Related Forms
Download: Adobe PDF
Durable (Financial) Power of Attorney
Download: Adobe PDF, MS Word, OpenDocument