Utah Last Will and Testament

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Utah Last Will and Testament

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Last updated May 21st, 2026

A Utah last will and testament outlines what will happen to an individual’s estate after death. The document designates specific assets to beneficiaries and names a personal representative to handle the probate process, helping simplify the settlement and distribution of an individual’s debts and property.

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A Utah last will and testament outlines what will happen to an individual’s estate after death. The document designates specific assets to beneficiaries and names a personal representative to handle the probate process, helping simplify the settlement and distribution of an individual’s debts and property.

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State Laws

  • Minimum Age – 18.[1]
  • Signing Requirements – Testator and two witnesses.[2]
  • How to Revoke – Executing a new will that is revoking or inconsistent with the original, or destroying the original.[3]

Probate in Utah

Petition for Probate of Will

To begin probate proceedings, the personal representative must file the below with the district court in the county where the decedent resided[4]:

If the Waiver is filed, no hearing is needed and a Statement of Informal Probate of Will and Appointment of Personal Representative is issued.[5] Otherwise, a hearing is held.[6] The personal representative must file an Acceptance of Appointment, obtain Letters Testamentary, and create an inventory.[7] They may then pay debts and distribute assets.[8]

Once the estate is settled, the personal representative must send an Account to distributees or file it if an appointment hearing was held.[9] If filed, the personal representative must obtain a court date, notify interested parties, and attend the hearing.[10] Otherwise, they are discharged one year after filing and sending interested parties a closing statement.[11]

Small Estates

If the decedent’s estate is valued at $100,000 or less, an Affidavit for Collecting Personal Property in a Small Estate Proceeding may be used to avoid probate.[12]

Sources

  1. § 75-2-501(1)(a)
  2. § 75-2-502(1)(b) & (c)
  3. § 75-2-507(1)
  4. § 75-3-201(1), Utah Courts Informal Probate (Starting a Probate Case)
  5. Utah Courts Informal Probate (Starting a Probate Case)
  6. § 75-3-403(1)
  7. § 75-3-601, 75-3-705
  8. § 75-3-807, 75-3-703(1)(b)
  9. § 75-3-1003(1)(c), 75-3-1002
  10. § 75-3-1002
  11. § 75-3-1003(1) & (2)
  12. § 75-3-1201(1)(a)