DocDraft Logo

Utah Last Will and Testament

A Utah will needs two witnesses, even interested ones, or can be entirely handwritten as a holographic will instead. Free to make; attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the person who will administer your estate, called your personal representative or executor. It can also name a guardian for your minor children. In Utah, a standard written will is valid if it is signed by the testator and signed by two witnesses, each of whom signs within a reasonable time after witnessing the testator's signing or acknowledgment (Utah Code Section 75-2-502). Utah does not purge an interested witness: a beneficiary can sign as a witness and the will, and that beneficiary's gift, stays valid (Utah Code Section 75-2-505). The will itself does not need a notary; a notary is used only for the optional self-proving affidavit under Utah Code Section 75-2-504, a sworn statement that lets the will be admitted to probate without locating the witnesses later. Utah also recognizes holographic wills, meaning a will is valid whether or not it is witnessed if the signature and the material portions are in the testator's own handwriting (Utah Code Section 75-2-502(2)). You must be at least 18 years old and meet the statutory capacity standard to make a will in Utah (Utah Code Section 75-2-501). Attorney review is available as an option before you sign.

0/5000

Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and who administers your estate (your personal representative, also called an executor) after you die. It can also name a guardian for minor children.

  2. 2

    Utah requires two witnesses. A Utah will must be signed by the testator and signed by at least two witnesses, each of whom signs within a reasonable time after witnessing the signing or the testator's acknowledgment of the will or the signature (Utah Code Section 75-2-502).

  3. 3

    An interested witness does not invalidate the will. Under Utah Code Section 75-2-505, the signing of a will by an interested witness, such as a beneficiary, does not invalidate the will or any provision of it. Utah does not purge interested-witness gifts the way some states do.

  4. 4

    A self-proving affidavit is available and needs a notary. Utah Code Section 75-2-504 lets the testator and witnesses sign a sworn affidavit before a notary public (an officer authorized to administer oaths) at the same time as, or after, signing the will. It lets the will be probated without locating the witnesses to testify.

  5. 5

    Holographic (handwritten, unwitnessed) wills are recognized in Utah. A will that does not meet the two-witness rule is still valid as a holographic will, whether or not witnessed, if the signature and the material portions of the document are in the testator's own handwriting (Utah Code Section 75-2-502(2)).

  6. 6

    The will itself does not need to be notarized. Utah's execution rule for a standard attested will calls for two witnesses, not a notary. A notary is involved only if you choose to add the optional self-proving affidavit.

  7. 7

    You must be 18 and meet Utah's capacity standard, and revocation has clear rules. A testator must be at least 18 years old and able to identify family members, understand their relationship to the testator's property, and form a plan for disposing of it (Utah Code Section 75-2-501). A will can be revoked by a later will or by a revocatory act such as burning, tearing, or destroying it (Utah Code Section 75-2-507), and divorce automatically revokes a gift to a former spouse (Utah Code Section 75-2-804).

Key decisions before you file

Before you file a Last Will and Testament in Utah, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

Customize your Last Will and Testament Template with DocDraft

UTAH LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [FULL LEGAL NAME], a resident of [COUNTY] County, Utah, being of sound mind and at least 18 years old, declare this to be my Last Will and Testament and revoke all prior wills and codicils I have made.

  2. APPOINTMENT OF PERSONAL REPRESENTATIVE (EXECUTOR) I appoint [NAME] of [CITY], Utah, as the Personal Representative (Executor) of my estate. If that person is unable or unwilling to serve, I appoint [SUCCESSOR NAME] as successor Personal Representative. My Personal Representative shall serve without bond to the extent Utah law allows.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests: describe each item or sum of money and name the beneficiary who receives it.]

  4. RESIDUARY ESTATE I give the rest and residue of my estate, real and personal, of whatever kind and wherever located, to [BENEFICIARY NAME(S)], in the shares stated here: [INSERT shares]. If a named beneficiary does not survive me, that share passes to [ALTERNATE BENEFICIARY].

  5. GUARDIAN FOR MINOR CHILDREN (if applicable) If I have minor children at my death, I nominate [GUARDIAN NAME] as guardian of their persons and estates, and [SUCCESSOR GUARDIAN NAME] as successor guardian.

  6. ATTESTATION I sign this will on [DATE] in the presence of the two witnesses below, each of whom signs within a reasonable time after witnessing my signing or my acknowledgment of this will, as Utah Code Section 75-2-502 requires.

[TESTATOR NAME], Testator

We, the undersigned, each attest that the testator signed this will, or acknowledged it, in our presence, and that we sign as witnesses within a reasonable time after witnessing that signing or acknowledgment, believing the testator to be of sound mind and at least 18 years old.

Witness 1: _____________________________ Address: ____________________ Witness 2: _____________________________ Address: ____________________

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Utah Code Section 75-2-504 lets a will be made self-proving through a sworn affidavit of the testator and witnesses before a notary public, so the will can be admitted to probate without locating the witnesses to testify later. This affidavit needs a notary; the will itself does not.

STATE OF UTAH COUNTY OF [COUNTY]

We, the testator and the witnesses, being first duly sworn, declare to the officer taking this acknowledgment that the testator signed this instrument as a will, signed it willingly, and that each witness signed at the testator's request, in the testator's presence, and in the presence of each other.

[TESTATOR NAME], Testator Witness 1

Witness 2

Subscribed, sworn, and acknowledged before me by [TESTATOR NAME], testator, and by [WITNESS 1] and [WITNESS 2], witnesses, this [DATE].

Notary Public, State of Utah My commission expires: [DATE]

Note: This will is governed by the Utah Uniform Probate Code, Utah Code Title 75, Chapter 2, Part 5. Utah Code Section 75-2-505 provides that signing by an interested witness, such as a beneficiary, does not invalidate this will or any gift in it, but naming disinterested witnesses still avoids any appearance of conflict. This is a compact Utah skeleton. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Utah in about a minute, and notarize it online through DocDraft if it does.

Utah Requirements for Last Will and Testament

Sign in Front of Two Witnesses

A Utah will must be signed by the testator and signed by at least two witnesses, each of whom signs within a reasonable time after witnessing the testator's signing or acknowledgment of the will (Utah Code Section 75-2-502).

An Interested Witness Does Not Invalidate the Will

Utah does not purge gifts to an interested witness. Under Utah Code Section 75-2-505, the signing of a will by an interested witness, such as a beneficiary, does not invalidate the will or any provision of it. Many drafters still prefer disinterested witnesses to avoid any appearance of conflict.

A Self-Proving Affidavit Is Available (Needs a Notary)

Utah Code Section 75-2-504 lets the testator and witnesses sign a sworn self-proving affidavit before a notary public, an officer authorized to administer oaths. This optional affidavit lets the will be admitted to probate without locating the witnesses to testify.

The Will Itself Does Not Need a Notary

A standard Utah will is validly executed with two witnesses under Utah Code Section 75-2-502; no notary is required to validly execute the will itself. A notary is used only for the optional self-proving affidavit under Section 75-2-504.

Handwritten (Holographic) Wills Are Recognized

A will that does not meet Utah's two-witness rule is still valid as a holographic will, whether or not witnessed, if the signature and the material portions of the document are in the testator's own handwriting (Utah Code Section 75-2-502(2)).

Meet the Minimum Age and Capacity Standard

A testator must be at least 18 years old under Utah Code Section 75-2-501. Capacity requires the ability to identify family members, understand the testator's relationship to them, understand the nature and extent of the testator's property, and form a plan for disposing of it.

Revoke a Prior Will by a Later Will or a Revocatory Act

Utah Code Section 75-2-507 lets a testator revoke a will by executing a later will that revokes it expressly or by inconsistency, or by a revocatory act performed with the intent to revoke, such as burning, tearing, canceling, obliterating, or destroying the will.

Divorce Automatically Revokes a Gift to a Former Spouse

Utah Code Section 75-2-804 automatically revokes any revocable disposition or appointment made to a former spouse in a will when the testator divorces or the marriage is annulled, unless the will or a court order provides otherwise. Update your will after a divorce to confirm your current wishes.

Does your Last Will and Testament need to be notarized in Utah?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

Check my Last Will and Testament

Frequently Asked Questions

A standard Utah will needs two witnesses. Utah Code Section 75-2-502 requires the testator's signature and the signatures of at least two individuals who each sign within a reasonable time after witnessing the signing or the testator's acknowledgment. Utah does not require the witnesses to be disinterested: Section 75-2-505 says an interested witness, such as a beneficiary, does not invalidate the will or any gift in it, though many drafters still prefer disinterested witnesses to avoid any appearance of conflict.

No. A standard Utah will is validly executed with two witnesses under Utah Code Section 75-2-502; the will itself does not need a notary. A notary comes in only if you add the optional self-proving affidavit under Utah Code Section 75-2-504, a sworn statement signed before a notary public that lets the will be admitted to probate without locating the witnesses to testify.

Yes. Utah Code Section 75-2-502(2) recognizes a holographic will as valid whether or not it is witnessed, as long as the signature and the material portions of the document are in the testator's own handwriting. Testamentary intent can be shown by other evidence, including parts of the document not in the testator's handwriting.

Write out your wishes for your property, name a personal representative (executor), sign the document, and have at least two witnesses sign within a reasonable time after watching you sign or acknowledge it, as Utah Code Section 75-2-502 requires. You may also add a self-proving affidavit before a notary under Section 75-2-504 so probate does not need to track down the witnesses later.

A Utah will is valid if the testator is at least 18 years old and has testamentary capacity (Utah Code Section 75-2-501), the will is signed by the testator, and it is signed by two witnesses within a reasonable time of witnessing the signing or acknowledgment (Utah Code Section 75-2-502). A will that misses the witness requirement can still be valid as a holographic will if the signature and material portions are handwritten.

A self-proving affidavit is a sworn statement, signed by the testator and witnesses before a notary public, that lets a Utah will be admitted to probate without needing the witnesses to testify about the signing. Utah Code Section 75-2-504 authorizes this affidavit; it is optional and requires an officer authorized to administer oaths, such as a notary.

You must be at least 18 years old to make a will in Utah under Utah Code Section 75-2-501. You also need testamentary capacity: the ability to identify your family members, understand your relationship to them, understand the nature and extent of your property, and form a plan for disposing of it.

Utah Code Section 75-2-507 lets you revoke a will by executing a later will that revokes it expressly or by inconsistency, or by a revocatory act, such as burning, tearing, canceling, obliterating, or destroying the will, done with the intent to revoke it. Separately, Utah Code Section 75-2-804 automatically revokes a disposition to a former spouse when the testator divorces or the marriage is annulled, unless the will or a court order says otherwise.