Who Needs a Will in Utah?
A will is not just for the wealthy or the elderly. Any adult in Utah who meets one or more of the following should have a will in place:
You have minor children
A will is the only document that lets you name a guardian for your children. Without it, a judge decides who raises them.
You own property
Real estate, vehicles, bank accounts, personal belongings — if you own it, a will directs where it goes.
You have someone to provide for
A spouse, a parent, a sibling, a close friend — if you want to provide for someone, a will makes it legally binding.
You care about family harmony
Without clear instructions, disagreements over your belongings can damage family relationships for years.
What Happens If You Die Without a Will in Utah?
Dying without a will is called dying intestate. When that happens, Utah's intestate succession laws take over and distribute your estate according to a fixed legal formula — regardless of what you would have wanted.
Under Utah's intestate succession rules, your assets pass to relatives in this general order:
- Your surviving spouse (the share depends on whether you have children and whether they are also the spouse's children)
- Your descendants, per capita at each generation
- Your parents
- Your siblings
- More distant relatives
This may sound reasonable — but consider what it leaves out. Unmarried partners receive nothing. Close friends receive nothing. Stepchildren you raised but never legally adopted receive nothing. A charity you cared deeply about receives nothing. And if you have minor children, a judge who has never met your family will decide who raises them.
Dying without a will doesn't mean the state takes your assets — it means the state decides who gets them. That distinction matters, but it still may not reflect your wishes.
What a Will Does for Your Family
A properly drafted will gives you control over three things that Utah's default laws cannot provide:
1. Where your property goes
You decide who receives what — your home, savings, personal belongings, and everything else. You can divide things equally, leave specific items to specific people, or make gifts to charities. You set the terms.
2. Who raises your children
This is the most urgent reason for any parent to have a will. If both parents die without naming a guardian, the court appoints one based on its own judgment. Your will names the person you have chosen — the one who shares your values, knows your children, and will raise them the way you would want.
3. Who manages your estate
Your will names an executor — the person responsible for gathering your assets, paying debts, filing final tax returns, and distributing what remains. Without a will, the court appoints someone to this role. With a will, you choose.
Is a Will Enough, or Do I Also Need a Trust?
For many Utah families, a will alone is not a complete estate plan. Here's why:
A will must go through probate. Probate is the court-supervised process of validating your will and overseeing the distribution of your estate. In Utah, probate can take several months, involves court fees and attorney fees, and becomes part of the public record — meaning anyone can look up what you owned and who received it.
A revocable living trust avoids probate entirely. Assets held in a trust pass directly to your beneficiaries according to the trust's terms, privately and without court involvement. A trust also protects you if you become incapacitated during your lifetime — your successor trustee steps in immediately, without the need for a court-appointed conservator.
Most Utah families benefit from having both: a trust to hold the bulk of their assets and avoid probate, paired with a pour-over will that captures anything not transferred into the trust and names a guardian for minor children.
Not sure whether you need a will, a trust, or both?
Paul Maxfield offers a free 30-minute consultation to help you understand exactly what your family needs.Common Misconceptions About Wills in Utah
"I'm too young to need a will."
Age is not the deciding factor — circumstances are. If you are over 18, own anything, or have children, you may need a will. Accidents happen to people of every age. The cost of not having one — in family conflict, legal fees, and outcomes you would never have chosen — sometimes far exceeds the cost of drafting one.
"My spouse will automatically get everything."
Not necessarily. Utah's intestate laws divide your estate between your spouse and your children in ways that may surprise you. And if you and your spouse die together — in a car accident, for example — the question of who raises your children and who receives your assets is decided entirely by the court.
"I can just write my own will."
Utah does recognize handwritten (holographic) wills, and online will forms are widely available. However, a poorly drafted will can create ambiguity, be challenged in court, or fail to accomplish what you intended. An attorney-drafted will is tailored to your specific situation, coordinates with your other estate planning documents, and is built to hold up when it matters most.
"I don't have enough assets to need a will."
The value of a will is not measured only in dollars. It is about making sure your wishes are followed, your loved ones are provided for, and your children are raised by the person you would choose. These things matter regardless of the size of your estate.
Frequently Asked Questions
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If you have children, own property, or have any preference about where your assets go after you die, you need a will. Without one, Utah's intestate succession laws decide who gets what — and the result may not match your wishes. If you have minor children, a will is the only document that lets you name their guardian.
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Your estate is distributed according to Utah's intestate succession laws — a fixed legal formula based on family relationships. Your assets pass to your closest relatives in a set order, regardless of your actual wishes. Unmarried partners, close friends, and stepchildren you never legally adopted receive nothing. A judge decides who raises your minor children.
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For many Utah families, a will alone is not enough. A will must go through probate — a public, court-supervised process that can take months and cost thousands. A revocable living trust avoids probate entirely, keeps your affairs private, and protects you if you become incapacitated during your lifetime. Most families benefit from having both.
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Any adult over 18 can — and should — have a will. You do not need to be wealthy or elderly. If you own anything, have children, or care where your assets go, the right time to have a will drafted is now.
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A will can be contested in Utah on grounds such as lack of capacity, undue influence, fraud, or improper execution. A properly drafted will — signed with the required formalities and reflecting a clear, informed decision — is far more difficult to successfully challenge. This is one of the strongest arguments for having an attorney draft your will rather than using a DIY form.