How to Make a Valid Will in Utah
Utah has specific rules about who can make a will, how it must be signed, how many witnesses are needed, and whether notarization is required. Here's everything you need to know about creating a valid last will and testament in UT.
Utah Will Requirements at a Glance
Who Can Make a Will in Utah?
You must be at least 18 years old to make a will in Utah. Emancipated minors may make a will under the UPC framework. The testator must be of sound mind: understand the nature and extent of their property, the natural objects of their bounty, and the nature of the testamentary act
Signing Requirements
Must be in writing. Can be typed, printed, or handwritten. Electronic wills are also recognized. If you are physically unable to sign, Another individual may sign in the testator's conscious presence and by the testator's direction.
Witness Requirements in Utah
Utah requires 2 witnesses. Generally competent persons. Interested witnesses do not invalidate the will. Each witness must sign within a reasonable time after witnessing either the signing of the will or the testator's acknowledgment of the signature or the will.
Interested witnesses: The will is not invalidated by the signature of an interested witness under Utah's UPC framework
Notarization in Utah
Notarization is not required for a will to be valid in Utah. Not required for validity. Required for a self-proving affidavit
Self-Proving Affidavit
Utah allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. The testator and witnesses must sign an affidavit before a notary public or other officer authorized to administer oaths (Utah Code 75-2-504)
Handwritten (Holographic) Wills
Utah does recognize holographic wills. Valid whether or not witnessed if the signature and material portions of the document are in the testator's handwriting (Utah Code 75-2-502(2))
Electronic Wills
Utah recognizes electronic wills. Utah recognizes electronic wills under Utah Code 75-2-1001 et seq. An e-will must be readable as text at signing, can be stored and signed electronically, and requires the same witness requirements as a traditional will
How to Revoke a Will in Utah
In Utah, a will can be revoked by:
- •Executing a subsequent will that revokes the previous will expressly or by inconsistency
- •Performing a revocatory act on the will (burning, tearing, canceling, obliterating, or destroying)
- •Another individual may perform the act in the testator's conscious presence and by the testator's direction
- •A burning, tearing, or canceling is a revocatory act whether or not it touched any of the words on the will
Utah Code 75-2-507
Special Provisions in Utah
Utah is a separate property state. Provides an elective share for the surviving spouse under Utah Code 75-2-202 following the UPC augmented estate approach. Utah has adopted electronic will provisions making it one of the more progressive states for digital estate planning
Relevant Utah Statutes
- Utah Code 75-2-501 (Who may make a will)
- Utah Code 75-2-502 (Execution; witnessed wills; holographic wills)
- Utah Code 75-2-504 (Self-proved will)
- Utah Code 75-2-507 (Revocation by writing or by act)
- Utah Code 75-2-202 (Elective share)
- Utah Code 75-2-1001 et seq. (Electronic wills)
Ready to draft your Utah will?
Our free tool asks plain-English questions and generates a draft formatted for Utah's requirements.
Get Started — Free