Estate planning in Utah changed more between 2024 and 2026 than in the twenty years before it. The advance health care directive framework was replaced entirely on January 1, 2026, and the statutory form moved. The power of attorney act was renumbered into Title 75A. The trust code moved to Title 75B. Utah adopted electronic wills. A plan drafted before those changes is not void, but it is describing a legal landscape that no longer exists, and some of its forms no longer match the statutes they cite.
Last updated: September 2026
Key Takeaways
- A Utah will needs two witnesses and no notary. A handwritten will needs no witnesses at all.
- A financial power of attorney does need a notary, and is durable by default unless it says otherwise.
- Eight specific powers must be expressly granted in a power of attorney or the agent simply does not have them.
- The advance health care directive framework was replaced effective January 1, 2026, and the statutory form is now at Section 75A-9-110.
- A health care directive needs one adult witness, no notary, and the witness may attend by video.
- Without a will, a spouse takes everything only if all surviving descendants are also the spouse’s.
- A disinherited spouse can elect one third of the augmented estate, with a $75,000 floor.
- Jeremy Eveland builds Utah estate plans for $1,500 (will-based) or $3,500 (trust-based), quoted before work begins.
What Estate Planning in Utah Actually Produces
Estate planning in Utah produces a small set of documents, each doing one job. Confusing them is the most common and most expensive mistake.
| Document | What it controls | When it works | Authority |
|---|---|---|---|
| Will | Probate property, guardian nomination | Only after death | 75-2-502 |
| Revocable trust | Property titled in the trust | During life and after death | Title 75B, Ch. 2 |
| Financial power of attorney | Money and property | During life only | Title 75A, Ch. 2 |
| Advance health care directive | Medical decisions and preferences | During life only | Title 75A, Ch. 9 |
| Beneficiary designations | Retirement accounts, insurance, payable on death accounts | At death, outside the will | Title 75, Ch. 6 |
| Transfer on death deed | One parcel of Utah real property | At death, if recorded first | 75-6-405 to 75-6-415 |
| Guardian nomination | Who raises your children, or who serves for you | On death or incapacity | 75-5-202.5, 75-5-311(1) |
Two lines in that table are where estate planning in Utah fails. A will controls nothing that passes by beneficiary designation or by trust, so an outdated designation quietly overrides the will. And a trust controls only property actually titled in it, which is why funding is the step that decides whether a trust does anything at all.
The Will
Section 75-2-502(1) requires a will to be in writing, signed by the testator or by another individual in the testator’s conscious presence and at their direction, and signed by at least two individuals, each of whom signed within a reasonable time after witnessing the signing or the testator’s acknowledgment of the signature or the will.
Two witnesses. No notary. A notarized will is not invalid, and the self-proving affidavit that usually accompanies notarization is genuinely useful in probate, but notarization is not what makes a Utah will valid.
Subsection (2) recognizes holographic wills: a document that does not comply with Subsection (1) is still valid, “whether or not witnessed, if the signature and material portions of the document are in the testator’s handwriting.” Subsection (3) allows extrinsic evidence of testamentary intent, including, for a holographic will, the portions not in the testator’s handwriting.
Section 75-2-503 goes further. A document not executed in compliance with Section 75-2-502 is treated as if it had been, if the proponent establishes by clear and convincing evidence that the decedent intended it as a will. That is a repair provision, not a plan.
Utah also now recognizes electronic wills, at Title 75, Chapter 2, Part 14, with execution governed by Section 75-2-1405(1) and definitions at Section 75-2-1402 covering electronic presence and electronic signature.
The will is also where most parents name a guardian for their children. Section 75-5-202.5 allows the same nomination in a separate written instrument, and Subsection (2) gives priority to the latest document executed by the last parent to die, which makes the standalone instrument easier to keep current.
The Financial Power of Attorney
This is the document that prevents a conservatorship, and estate planning in Utah gets three of its rules wrong more often than any other.
It is durable by default. Section 75A-2-104: “A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal.” Utah reversed the old assumption. Silence means it survives incapacity.
It needs a notary. Section 75A-2-105(1)(a) requires the principal’s signature to be made before a notary public or other individual authorized to take acknowledgments, and requires that the principal have sufficient mental capacity to understand that they are appointing an agent to handle their financial affairs. Subsection (1)(c) adds that “a principal’s understanding of how an agent will manage the principal’s affairs is not required.”
Eight powers require an express grant. Section 75A-2-201(1) lists them: creating, amending, revoking, or terminating an inter vivos trust; making a gift; creating or changing rights of survivorship; creating or changing a beneficiary designation; delegating the agent’s authority; waiving the principal’s right to be a beneficiary of a joint and survivor annuity, including a retirement plan survivor benefit; exercising fiduciary powers the principal could delegate; and disclaiming property or exercising a power of appointment. A general form that omits them leaves the agent unable to do the things a family most often needs done.
Subsection (2) adds a guard: unless the document says otherwise, an agent who is not an ancestor, spouse, or descendant may not exercise authority to create an interest in the agent.
One provision is worth knowing for the day a bank hesitates. Section 75A-2-120(2) requires a person presented with an acknowledged power of attorney to accept it, or request a certification, translation, or opinion of counsel, no later than seven business days after presentation, and to accept no later than five business days after receiving what it requested. Subsection (2)(c) forbids requiring “an additional or different form of power of attorney,” and Subsection (4) makes a person who refuses in violation subject to a court order mandating acceptance and liable for reasonable attorney fees and costs.
The Health Care Documents
This is the piece of estate planning in Utah most likely to be out of date. The framework in Title 75A, Chapter 9, took effect January 1, 2026, and the optional statutory form now lives at Section 75A-9-110.
The old term “living will” is gone. Section 75A-9-106 calls it a health care instruction, expressing preferences about professionals and institutions, how decisions are made and communicated, persons who should or should not be consulted, a person to serve as guardian, and an individual to serve as default surrogate. Section 75A-9-107 supplies the power of attorney for health care, which names the agent. Section 75A-9-106(4) allows both in the same record, and most Utah directives are one document doing both jobs.
A power of attorney for health care must be in a record, signed by the individual creating the power, and signed by an adult witness who: (a) reasonably believes the act of the individual to create the power of attorney is voluntary and knowing; (b) is not: (i) the agent appointed by the individual; (ii) the agent’s spouse or cohabitant; or (iii) if the individual resides or is receiving care in a nursing home or assisted living facility, the owner, operator, employee, or contractor of the nursing home or assisted living facility; and (c) is present when the individual signs.
One witness, no notary, which is the mirror image of the financial power of attorney. Section 75A-9-107(5) then treats a witness as present when using electronic means allowing real time audio and visual transmission, so remote witnessing by video is expressly permitted.
Skip it and Section 75A-9-111 supplies a default surrogate in descending order: an adult you identified elsewhere, your spouse subject to exceptions, an adult child or parent, your cohabitant, an adult sibling, an adult grandchild or grandparent, and further classes. Note that an adult child and a parent share a rung, which is a recipe for disagreement. The details are in the Utah advance health care directive guide.
The Trust, and the Step Everyone Skips
A revocable trust is the centerpiece of most estate planning in Utah above modest asset levels. It avoids probate, keeps the terms private, and lets someone manage assets during incapacity without a court. It does none of that for property still titled in your own name.
Funding is a deed for real property, a retitling for accounts, and a coordinated beneficiary designation review. An unfunded trust is an expensive binder. See how to fund a trust in Utah and the Utah living trusts guide.
Utah is also an unusually favorable trust jurisdiction for estate planning in Utah. Section 75-2-1203 permits a trust to last up to 1,000 years, far beyond the traditional rule against perpetuities. Utah recognizes self-settled asset protection trusts, covered in the asset protection trust guide, and irrevocable planning is covered in the irrevocable trust guide. For a beneficiary with a disability, a special needs trust preserves benefits.
Trusteeship carries duties. Section 75B-2-811 requires a trustee to notify qualified beneficiaries within 60 days of accepting a trusteeship, and within 60 days of learning that a trust has become irrevocable, and to send an annual report on request. Failing those duties is where trust litigation starts.
What Happens Without Estate Planning in Utah
Skip estate planning in Utah and the Legislature writes a plan for you. It is rarely the one people assume.
Section 75-2-102(1) gives the surviving spouse the entire intestate estate only if no descendant survives, or if all surviving descendants are also descendants of that spouse. Where any surviving descendant is not the spouse’s, the spouse takes “the first $75,000, plus 1/2 of any balance.” A blended family without a will splits the estate by statute.
Disinheriting a spouse is also harder than people expect. Section 75-2-202(1) gives a surviving spouse of a decedent domiciled in Utah a right to elect one third of the augmented estate, and Subsection (2) supplies a supplemental amount bringing the total to $75,000 where the calculation falls short. Subsection (3) provides that homestead allowance, exempt property, and family allowance are charged against, and are not in addition to, the elective share.
Those allowances have fixed figures. Section 75-2-402 sets the homestead allowance at $22,500. Section 75-2-403 sets exempt property at $15,000 in household furniture, automobiles, furnishings, appliances, and personal effects. Section 75-2-405(1) lets the personal representative determine a family allowance in a lump sum not exceeding $27,000, or periodic installments not exceeding $2,250 per month for one year. All three have priority over general creditor claims.
If no plan exists and no one avoids it, the estate goes through probate. The process is covered in the Utah probate guide, out-of-state property in ancillary probate, and online accounts in probate and digital assets.
Taxes Are Not the Reason Anymore
For most Utah families, estate planning in Utah is no longer a tax exercise. Utah imposes no state estate tax, and the federal exclusion for 2026 is $15,000,000 per person, so the overwhelming majority of estates owe nothing. The current position is covered in the Utah estate tax guide.
What remains of estate planning in Utah are the practical problems: who decides when you cannot, who raises your children, whether your family goes to court, whether an unfunded trust and a stale beneficiary form contradict each other, and whether anyone can reach your accounts. Those apply at every asset level.
What Estate Planning in Utah Costs, and What to Do Next
Flat fees, quoted before drafting begins: $1,500 for a will-based plan and $3,500 for a trust-based plan. Plans are custom built, so the figure can land above or below depending on circumstances.
Five steps put estate planning in Utah in place, in order:
- Pull your beneficiary designations first. Retirement accounts, life insurance, and payable on death accounts pass outside the will. A stale designation beats a new will every time.
- Decide will or trust based on real property, privacy, out-of-state assets, and whether anyone would need to manage things during your incapacity.
- Sign the incapacity documents. A durable financial power of attorney with the eight express grants, and a current advance health care directive under the framework that took effect January 1, 2026.
- Nominate guardians. For minor children under Section 75-5-202.5, and for yourself under Section 75-5-311(1), where the court must follow your most recent written, signed nomination absent disqualification or good cause.
- Fund what you created, and set the online tools that Section 75A-6-104(1) allows to override a will as to digital assets. See the digital asset planning guide.
Local help is available from the Salt Lake City estate planning practice, and for families managing an aging parent, the elder law side.
Frequently Asked Questions
Does a Utah will have to be notarized?
No. Section 75-2-502(1) requires writing, the testator’s signature, and at least two witnesses. Notarization supports a self-proving affidavit that helps in probate, but it is not a validity requirement.
Is a handwritten will valid in Utah?
Yes. Section 75-2-502(2) validates a holographic will, whether or not witnessed, if the signature and material portions are in the testator’s handwriting.
Is my power of attorney still good if I lose capacity?
Yes, unless it says otherwise. Section 75A-2-104 makes a Utah power of attorney durable unless it expressly provides that it terminates on the principal’s incapacity.
Why did my bank refuse my power of attorney?
It may not lawfully do so. Section 75A-2-120(2) requires acceptance, or a request for certification, translation, or an opinion of counsel, within seven business days, forbids demanding a different form, and Subsection (4) exposes a wrongful refusal to a court order and attorney fees.
What happened to living wills in Utah?
The framework was replaced effective January 1, 2026. What was a living will is now a health care instruction under Section 75A-9-106, usually combined with a power of attorney for health care, and the optional form is at Section 75A-9-110.
Who inherits if I have no will?
Under Section 75-2-102(1), your spouse takes everything only if you have no surviving descendants or if all of them are also your spouse’s. Otherwise the spouse takes the first $75,000 plus half the balance.
Can I disinherit my spouse?
Not fully. Section 75-2-202(1) gives a surviving spouse a right to elect one third of the augmented estate, with a supplemental amount bringing it to $75,000 where the calculation falls short.
What does a Utah estate plan cost?
A will-based plan is $1,500 and a trust-based plan is $3,500, quoted before drafting begins. Plans are custom built, so the figure can land above or below depending on circumstances.
If your documents predate 2026, the health care directive is the one to check first: the framework it was written under was replaced, and the form moved. The rest of a plan usually needs a review rather than a rebuild.
Schedule a consultation or call (801) 613-1472. Offices in Lindon and West Jordan, Utah.
This article is general information about Utah law, not legal advice for your situation, and it is not tax advice. Reading it does not create an attorney-client relationship. Statutory provisions are current as of the date above.

