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Joint Tenancy

Joint tenancy is a form of ownership in real estate law, in which two or more persons simultaneously hold an undivided interest in the same property. In Utah, joint tenancy titles are governed by a combination of case law and statutes. This webpage will provide an overview of joint tenancy in Utah law, including a discussion of the requirements for creating a joint tenancy, the legal rights and responsibilities of joint tenants, the effects of terminating a joint tenancy, and the legal remedies available to joint tenants in the event of a dispute.

Think about this for a moment: joint tenancy is a distinct form of ownership compared to other types of co-ownership, such as tenancy in common. In a joint tenancy, the co-owners have equal rights to the property, and each owns an undivided interest in the whole. This means that when one co-owner dies, their share of the property automatically transfers to the surviving co-owner(s), bypassing the deceased’s estate. The surviving co-owner(s) then become the sole owner(s) of the property. To create a joint tenancy in Utah, an owner must record a deed with the county recorder, clearly stating the intention to create a joint tenancy. The deed must include the names of all co-owners, and must be signed by all co-owners. All co-owners must have the same rights to the property, including the right to possess, use, and transfer their interest in the property. Additionally, all co-owners must acquire their interest in the property at the same time. Utah law also requires that all co-owners have an equal right to possession of the property. It is important to note that joint tenancy can only be created between co-owners who are alive at the same time. Joint tenancy is a useful estate planning tool in Utah, as it allows co-owners to bypass the probate process and ensure that their share of the property is quickly and easily transferred to the surviving co-owner(s).

Creating a Joint Tenancy in Utah

In Utah, a joint tenancy is created when four elements come together: unity of title, unity of time, unity of interest, and unity of possession. This is known as the four unities of joint tenancy. Each of these elements must be present in order to create a valid joint tenancy.

Unity of Title: The first element of a joint tenancy is unity of title. This means that the joint tenants must hold title to the same piece of property. This can be accomplished through the same deed or a series of deeds that transfer title from the grantor to all the joint tenants.

Unity of Time: The second element of a joint tenancy is unity of time. This means that the joint tenants must obtain title to the property at the same time. This can be done either through the same deed or a series of deeds that are dated on the same day.

Unity of Interest: The third element of a joint tenancy is unity of interest. This means that the joint tenants must hold an equal interest in the property. This requirement is satisfied when each joint tenant has an equal right to possess and use the property.

Unity of Possession: The fourth element of a joint tenancy is unity of possession. This means that the joint tenants must have an undivided interest in the property. This requirement is satisfied when the joint tenants have an equal right to possess and use the property.

Legal Rights and Responsibilities of Joint Tenants

Once a joint tenancy has been created in Utah, each joint tenant has certain legal rights and responsibilities. These rights and responsibilities are governed by Utah case law and statutes.

Right of Possession: Each joint tenant has the right to possess and use the property. This means that each joint tenant can enter onto the property and use it as they see fit, so long as it does not interfere with the rights of the other joint tenants.

Right of Survivorship: Each joint tenant has the right of survivorship. This means that if one of the joint tenants dies, their interest in the property passes to the surviving joint tenants. This right can be modified or revoked through a written agreement among the joint tenants.

Right to Terminate: Each joint tenant has the right to terminate the joint tenancy. This can be done by conveying their interest in the property to another party or by filing a legal action to partition the property. Once the joint tenancy has been terminated, the parties no longer have any legal rights or responsibilities with respect to the property.

Responsibility to Maintain: Each joint tenant is responsible for maintaining the property. This means that each joint tenant must pay taxes and make repairs as necessary to keep the property in good condition.

Responsibility to Manage: Each joint tenant is responsible for managing the property. This means that each joint tenant must make decisions about how to use the property and can enter into agreements with third parties to use the property for their benefit.

Effects of Terminating a Joint Tenancy

When a joint tenancy is terminated in Utah, the legal rights and responsibilities of the joint tenants are no longer in effect. This means that the joint tenants are no longer obligated to maintain the property or manage it together. Instead, each joint tenant has a separate interest in the property that can be transferred or sold to another party.

Remedies Available to Joint Tenants

If a dispute arises between joint tenants, there are a number of legal remedies available. These remedies are governed by Utah case law and statutes.

Partition: If the joint tenants cannot come to an agreement on how to manage the property, they can file a legal action to partition the property. This means that the court will divide the property among the joint tenants according to their interests.

Specific Performance: If one of the joint tenants breaches their obligations under the joint tenancy agreement, the other joint tenants can file a legal action for specific performance. This means that the court can order the breaching joint tenant to perform their obligations under the agreement.

Quiet Title: If the ownership of the property is contested, the joint tenants can file a legal action to quiet title. This means that the court will determine who has the legal right to possess the property.

Joint tenancy is a form of ownership in real estate law, in which two or more persons simultaneously hold an undivided interest in the same property. In Utah, joint tenancy titles are governed by a combination of case law and statutes. The requirements for creating a joint tenancy include unity of title, unity of time, unity of interest, and unity of possession. Once a joint tenancy has been created, each joint tenant has certain legal rights and responsibilities. If a dispute arises between joint tenants, there are a number of legal remedies available, including partition, specific performance, and quiet title.

Areas We Serve

We serve individuals and businesses in the following locations:

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Joint Tenancy Consultation

When you need help with a Joint Tenancy call Jeremy D. Eveland, MBA, JD (801) 613-1472 for a consultation.

Jeremy Eveland
17 North State Street
Lindon UT 84042
(801) 613-1472

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Using Disclaimers In Estate Planning

This guide covers Planning and what you need to know. “Protect Your Legacy with Disclaimers: Secure Your Estate for Future Generations!”

Introduction

Using disclaimers in estate planning is a powerful tool that can help you protect your assets and ensure that your wishes are carried out. A disclaimer is a legal document that allows you to refuse to accept an inheritance or gift. It can be used to protect your assets from creditors, avoid probate, and reduce estate taxes. Disclaimers can also be used to ensure that your estate is distributed according to your wishes. This article will discuss the basics of using disclaimers in estate planning, including when and how to use them.

Understanding the Flexibility of Disclaimers in Estate Planning: What You Need to Know

When it comes to estate planning, understanding the flexibility of disclaimers is essential. Disclaimers are a powerful tool that can be used to protect assets, reduce taxes, and ensure that your wishes are carried out. This article will provide an overview of disclaimers and explain how they can be used in estate planning.

A disclaimer is a legal document that allows a person to refuse to accept an inheritance or other asset. By disclaiming an asset, the person is essentially saying that they do not want to accept the asset and that it should pass to someone else. This can be a useful tool in estate planning, as it allows the person to control who receives the asset and how it is distributed.

Disclaimers can be used in a variety of ways. For example, they can be used to reduce taxes, protect assets from creditors, or ensure that assets are distributed according to the wishes of the deceased. Disclaimers can also be used to protect assets from being taken by the government in the event of a bankruptcy or other financial hardship.

When using disclaimers in estate planning, it is important to understand the rules and regulations that apply. In most cases, disclaimers must be made within nine months of the date of death. Additionally, the disclaimer must be in writing and must be signed by the person making the disclaimer. It is also important to note that disclaimers are irrevocable, meaning that once they are made, they cannot be changed or revoked.

Finally, it is important to understand that disclaimers are not always the best option. In some cases, it may be more beneficial to accept the asset and use it to benefit the estate. It is important to consult with an experienced estate planning attorney to determine the best course of action for your particular situation.

By understanding the flexibility of disclaimers in estate planning, you can ensure that your wishes are carried out and that your assets are protected. With the right guidance, you can make sure that your estate is handled in the most efficient and effective manner possible.

How to Create an Effective Disclaimer Trust for Your Estate Plan

Creating an effective disclaimer trust for your estate plan is an important step in ensuring that your assets are distributed according to your wishes. A disclaimer trust is a type of trust that allows you to transfer assets to a trust without triggering any gift or estate taxes. It is an important tool for estate planning, as it can help you reduce the amount of taxes your estate will owe.

When creating a disclaimer trust, it is important to consider the following:

1. Choose a Trustee: The trustee is the person who will manage the trust and ensure that the assets are distributed according to your wishes. It is important to choose someone who is trustworthy and knowledgeable about estate planning.

2. Draft the Trust Document: The trust document should clearly outline the terms of the trust, including who will receive the assets, when they will receive them, and how they will be distributed. It should also include any restrictions or conditions that you want to place on the trust.

3. Fund the Trust: Once the trust document is drafted, you will need to fund the trust with assets. This can be done by transferring assets from your estate or by making a gift to the trust.

4. File the Necessary Documents: Once the trust is funded, you will need to file the necessary documents with the appropriate government agencies. This includes filing a gift tax return and a disclaimer of interest form.

By following these steps, you can create an effective disclaimer trust for your estate plan. This will help ensure that your assets are distributed according to your wishes and that your estate is not subject to unnecessary taxes.

The Benefits of Marital Disclaimer Trusts in Estate Planning

Marital disclaimer trusts are an important tool in estate planning. They are used to protect assets from estate taxes and to provide for the surviving spouse. This type of trust can be used to provide for the surviving spouse while also protecting the assets from estate taxes.

A marital disclaimer trust is a type of trust that allows a surviving spouse to disclaim, or refuse, an inheritance from their deceased spouse. This allows the surviving spouse to avoid estate taxes on the inheritance. The disclaimed assets are then transferred to a trust, which is managed by a trustee. The trustee is responsible for managing the trust and distributing the assets according to the terms of the trust.

The primary benefit of a marital disclaimer trust is that it allows the surviving spouse to avoid estate taxes on the inheritance. This can be especially beneficial for high-net-worth individuals, as estate taxes can be quite high. Additionally, the trust can be used to provide for the surviving spouse while also protecting the assets from estate taxes.

Another benefit of a marital disclaimer trust is that it can be used to provide for the surviving spouse while also protecting the assets from creditors. This can be especially beneficial for individuals who have a large amount of debt. The trust can be used to protect the assets from creditors while also providing for the surviving spouse.

Finally, a marital disclaimer trust can be used to provide for the surviving spouse while also protecting the assets from estate taxes. This can be especially beneficial for individuals who have a large amount of assets. The trust can be used to protect the assets from estate taxes while also providing for the surviving spouse.

In conclusion, marital disclaimer trusts are an important tool in estate planning. They can be used to provide for the surviving spouse while also protecting the assets from estate taxes. Additionally, they can be used to protect the assets from creditors and to provide for the surviving spouse. For these reasons, marital disclaimer trusts are an important tool in estate planning.

How to Use Disclaimers to Maximize Your Estate Tax Exemption

When it comes to estate planning, one of the most important tools available to maximize your estate tax exemption is the use of disclaimers. A disclaimer is a legal document that allows you to refuse to accept an inheritance or gift. By disclaiming an inheritance or gift, you can reduce the size of your taxable estate and maximize your estate tax exemption.

When considering the use of disclaimers, it is important to understand the rules and regulations that govern them. Generally, a disclaimer must be in writing and must be signed by the person making the disclaimer. The disclaimer must also be made within nine months of the date of death of the person making the gift or bequest. Additionally, the disclaimer must meet certain requirements in order to be valid.

When making a disclaimer, it is important to be aware of the potential tax implications. Depending on the size of the gift or bequest, the disclaimer may result in a taxable event. Therefore, it is important to consult with a qualified tax professional before making a disclaimer.

In addition to the tax implications, it is important to consider the potential legal implications of making a disclaimer. Depending on the state in which you live, there may be certain restrictions on the types of disclaimers that can be made. Therefore, it is important to consult with an experienced estate planning attorney before making a disclaimer.

By understanding the rules and regulations that govern disclaimers, you can maximize your estate tax exemption and ensure that your estate is properly managed. With the help of a qualified tax professional and estate planning attorney, you can make informed decisions about the use of disclaimers and ensure that your estate is managed in the most efficient manner possible.

Understanding Disclaimers in Estate Planning: What You Need to Know

When it comes to estate planning, understanding the importance of disclaimers is essential. Disclaimers are a legal document that allows an individual to refuse to accept an inheritance or gift. This document is important for estate planning because it can help protect the individual from potential tax liabilities and other financial obligations.

When an individual disclaims an inheritance or gift, the property is then passed on to the next beneficiary in line. This can be beneficial for estate planning because it allows the individual to avoid any potential tax liabilities or other financial obligations associated with the inheritance or gift.

When writing a disclaimer, it is important to be aware of the legal requirements in your state. Each state has its own set of laws and regulations regarding disclaimers, so it is important to be aware of these before writing a disclaimer. Additionally, it is important to make sure that the disclaimer is properly executed and witnessed.

When writing a disclaimer, it is important to be clear and concise. The document should clearly state the individual’s intention to disclaim the inheritance or gift and should include the date of the disclaimer. Additionally, the document should include the name of the beneficiary who will receive the property in the event of a disclaimer.

It is also important to keep in mind that a disclaimer is irrevocable. Once the document is signed, it cannot be changed or revoked. Therefore, it is important to make sure that the individual is certain of their decision before signing the document.

Understanding disclaimers in estate planning is essential for anyone who is considering writing a disclaimer. By understanding the legal requirements and making sure that the document is properly executed and witnessed, individuals can ensure that their estate planning is properly taken care of.

Why You Need an Estate Planning Lawyer to Assist You With Disclaimers

Estate planning is an important process that helps individuals and families protect their assets and plan for the future. An estate planning lawyer can provide invaluable assistance in this process, particularly when it comes to creating disclaimers. A disclaimer is a legal document that states that the person signing it does not have any legal rights or obligations related to the property or assets in question.

Creating a valid disclaimer requires a thorough understanding of the law and the ability to draft a document that meets all legal requirements. An estate planning lawyer can provide the necessary expertise to ensure that the disclaimer is legally binding and enforceable.

In addition to drafting a valid disclaimer, an estate planning lawyer can also provide advice on how to best use the disclaimer to protect the interests of the person signing it. For example, a lawyer can advise on the best way to structure the disclaimer to ensure that it is effective in protecting the signer’s assets.

An estate planning lawyer can also provide advice on how to use disclaimers to minimize taxes and other liabilities. For example, a lawyer can advise on the best way to structure a disclaimer to minimize the tax burden on the signer’s estate.

Finally, an estate planning lawyer can provide advice on how to use disclaimers to protect the interests of beneficiaries. For example, a lawyer can advise on the best way to structure a disclaimer to ensure that the signer’s assets are distributed according to their wishes.

In summary, an estate planning lawyer can provide invaluable assistance in creating and using disclaimers. A lawyer can provide the necessary expertise to ensure that the disclaimer is legally binding and enforceable, as well as provide advice on how to best use the disclaimer to protect the interests of the signer and their beneficiaries.

Q&A

1. What is a Disclaimer?

A disclaimer is a legal document that allows a person to refuse to accept an inheritance or other benefit. It is a way for a person to renounce their right to receive something without having to go through the probate process.

2. When should a Disclaimer be used?

A disclaimer should be used when a person does not want to accept an inheritance or other benefit. It can also be used to avoid certain taxes or to protect assets from creditors.

3. What are the benefits of using a Disclaimer?

Using a disclaimer can help to avoid probate, reduce taxes, and protect assets from creditors. It can also be used to ensure that the assets are distributed according to the wishes of the deceased.

4. What are the risks of using a Disclaimer?

The main risk of using a disclaimer is that it may not be legally binding. It is important to consult with an attorney to ensure that the disclaimer is valid and enforceable.

5. What should be included in a Disclaimer?

A disclaimer should include the name of the person making the disclaimer, the date of the disclaimer, a description of the property or benefit being disclaimed, and a statement that the person is voluntarily disclaiming the property or benefit.

6. Who should prepare a Disclaimer?

A disclaimer should be prepared by an attorney who is familiar with estate planning and the laws in the state where the disclaimer is being made.

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We serve individuals and businesses in the following locations:

Using Disclaimers In Estate Planning Consultation

When you need help with Using Disclaimers In Estate Planning call Jeremy D. Eveland, MBA, JD (801) 613-1472 for a consultation.

Jeremy Eveland
17 North State Street
Lindon UT 84042
(801) 613-1472

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Estate Planning Lawyer Salt Lake City Utah

An estate planning lawyer in Salt Lake City drafts the will or living trust, financial power of attorney, and advance health care directive that decide who inherits your property and who acts for you if you cannot. Flat fees here are $1,500 for a will-based plan and $3,500 for a trust-based plan.

Last updated: September 2026

Key Takeaways

Flat pricing: $1,500 for a will-based plan, $3,500 for a trust-based plan. Every plan is custom built, so your figure can land above or below depending on your circumstances.
Salt Lake County home values are what push most local families toward a trust. Real property is the asset that drags an estate into probate.
Probate venue follows domicile. Under Utah Code 75-3-201, the first proceeding is filed in the county where the person lived at death, so a Salt Lake City resident’s estate is administered in Salt Lake County.
Funding a trust with a Salt Lake City home means recording a deed with the Salt Lake County Recorder at 2001 South State Street. A trust nobody funded does nothing.
Utah has no state estate tax and no inheritance tax. The Inheritance Tax Act was formally repealed on 5 May 2026.

Why Salt Lake City Families End Up in Probate

The pattern is consistent. A couple buys a house in Sugar House or the Avenues or Rose Park in the 1990s, holds it for thirty years, and never revisits how it is titled. There is a will in a drawer somewhere. When the second spouse dies, the house is the estate, and the house has to go through the district court in Salt Lake County before anyone can sell it.

That is the case an estate planning lawyer in Salt Lake City sees most often, and it is entirely preventable. The will did its job. A will is a set of instructions to a probate court, so having one guarantees probate rather than avoiding it. The document that would have kept the house out of court is a funded revocable living trust.

Utah’s venue rule makes this concrete.

Venue for the first informal or formal testacy or appointment proceedings after a decedent’s death is in the county where the decedent had his domicile at the time of his death.

Utah Code 75-3-201

If you live in Salt Lake City, your estate is administered in Salt Lake County. Property you own elsewhere can pull a second proceeding into another county or another state entirely, which is one of the strongest arguments for a trust when a family owns a cabin in Wasatch County or a rental in another state.

What an Estate Planning Lawyer in Salt Lake City Charges

Most local firms will not publish a number. Here are the actual fees.

Plan	Flat fee	What it includes	Best for
Will-based plan	$1,500	Last will and testament, financial power of attorney, advance health care directive, guardian nominations for minor children	Renters and condo owners with modest equity, no out-of-state property
Trust-based plan	$3,500	Revocable living trust, pour-over will, financial power of attorney, advance health care directive, deed preparation to move your Salt Lake County property into the trust	Homeowners with real equity, blended families, minor children, property in more than one county or state

Both are quoted before drafting begins, so there is no hourly meter running during phone calls. The figures can move in either direction, because every plan here is custom built for the person in front of me. A single owner with one Salt Lake City home and two adult children is straightforward. A blended family with a business interest, a cabin held with siblings, and a beneficiary receiving needs-based benefits is not. You get your real number at the first meeting rather than after the work.

Recording fees paid to the Salt Lake County Recorder sit outside the flat fee, because they go to the county rather than to the firm.

Will or Trust for a Salt Lake City Household

The deciding factor is almost always real property. An estate planning lawyer in Salt Lake City is really asking one question: is there a house, and how much equity is in it?

Question	Will-based plan	Trust-based plan
Keeps the house out of probate?	No	Yes, once the deed is recorded
Stays private?	No. A will filed with the court is public.	Yes. Administered privately.
Covers incapacity?	No. Operates only at death.	Yes. A successor trustee can act.
Cabin in Wasatch or Summit County?	Can trigger a second proceeding	Handled in one trust
Cost today	$1,500	$3,500
Cost to the family later	Higher. Probate has its own filing fee and attorney fees.	Lower. Trust administration is usually faster and cheaper.

The trust costs more now and usually costs the family less later. The will costs less now and moves the expense to your beneficiaries at the worst possible moment. Neither choice is wrong. They are different places to put the same money, and for a Salt Lake City homeowner the trust usually wins on arithmetic.

Funding a Trust in Salt Lake County

If you ask an estate planning lawyer in Salt Lake City only one question, make it this one. Funding is the step that separates a plan from a binder, and it is the one most often skipped.

A revocable living trust only controls what has been transferred into it. For your Salt Lake City home, that means a new deed conveying the property from you as an individual to you as trustee, recorded with the Salt Lake County Recorder. The Recorder’s office is at 2001 South State Street, Suite N1-600, Salt Lake City, and is open Monday through Friday.

Until that deed is recorded, the house is still titled in your name. Your trust exists, your family paid for it, and the house goes through probate anyway. When you compare quotes from any estate planning lawyer in Salt Lake City, the question that matters is whether deed preparation and recording are included in the fee or left to you.

Financial accounts, retirement plans, and life insurance are funded differently, through beneficiary designations and account retitling rather than deeds. Our step-by-step guide to funding a trust in Utah walks through each asset type.

The Documents a Complete Plan Includes

Whichever structure you choose, the headline document is only part of it. An estate planning lawyer in Salt Lake City should deliver all of the following, because a gap in any one of them is where a family gets stuck.

Document	What it does	When it operates
Last will and testament	Names who receives probate property, nominates a personal representative and a guardian for minor children	At death, through the court
Revocable living trust	Holds title and passes assets to beneficiaries without probate	Immediately, and through incapacity and death
Pour-over will	Catches anything never retitled into the trust and directs it there	At death, as a backstop
Financial power of attorney	Lets an agent handle money, property, and accounts if you cannot	During incapacity, ends at death
Advance health care directive	Names a health care agent and records treatment wishes	When you cannot speak for yourself
Guardian nomination	Tells the court who should raise your minor children	At death or incapacity of both parents

Two of those six operate while you are alive. That surprises people. Estate planning is only half about death, and the financial power of attorney and the health care directive are the documents a family reaches for first, usually during a hospital stay rather than after a funeral. They are also the two most often missing when someone arrives with a will they bought online.

Who in Salt Lake City Needs Which Plan

Rather than a general recommendation, here is how an estate planning lawyer in Salt Lake City would usually call it for common local situations.

Young family renting in Sugar House or downtown. A will-based plan at $1,500 is normally right. The critical piece is not the will, it is the guardian nomination for the children and the two incapacity documents. There is no house to keep out of probate yet, so the trust would be solving a problem you do not have.

Long-time homeowner in the Avenues, Rose Park, or Millcreek. A trust-based plan almost always earns its cost. Thirty years of Salt Lake County appreciation means the house is the estate, and the house is exactly what a funded trust keeps out of court.

Blended family. A trust, and careful drafting inside it. Utah’s elective share means a surviving spouse cannot simply be written out, so a plan that leaves everything to children from a first marriage does not quietly succeed. It produces litigation over what the augmented estate is worth.

Family with a cabin. A trust. A cabin in Wasatch, Summit, or Duchesne County held outside a trust can trigger a second proceeding in that county, and one held with siblings brings co-ownership questions that should be settled while everyone is alive.

Business owner. A trust, coordinated with the operating agreement. A buy-sell provision that contradicts the estate plan is a common and expensive discovery, because the two documents are usually drafted years apart by different people.

Someone with a beneficiary who receives needs-based benefits. A trust with the share structured so it does not disqualify that person from benefits. An outright gift, however well meant, can do real harm here.

What Utah Law Requires

Three provisions decide whether the documents an estate planning lawyer in Salt Lake City drafts will actually work.

Wills. Under Utah Code 75-2-502, a will must be in writing, signed by you, and signed by at least two witnesses. Utah also recognizes an unwitnessed holographic will if the signature and material portions are in your own handwriting, which is a safety net rather than a plan.

Self-proving. Adding sworn affidavits under Utah Code 75-2-504 means the court does not have to locate your witnesses years later. It costs one extra signature page and saves real trouble.

Spousal rights. Under Utah Code 75-2-202, a surviving spouse can elect one third of the augmented estate, with a supplemental floor of $75,000. A surviving spouse is also entitled to a $22,500 homestead allowance and up to $15,000 of exempt property. You cannot quietly write a spouse out of a Utah estate plan.

If Someone Has Already Died

Planning and probate are different matters, though the same estate planning lawyer in Salt Lake City should be able to handle both. If you are here because a Salt Lake City parent or spouse has died, the path depends on the size and composition of the estate.

Utah offers a small estate affidavit under Utah Code 75-3-1201 for collecting personal property thirty days after death when the entire estate subject to administration, less liens and encumbrances, does not exceed $100,000. It does not transfer real property, and a Salt Lake City house normally takes an estate past the threshold. See our guides to the Utah small estate affidavit and to working with a probate attorney in Salt Lake City.

What Happens Without a Plan

Dying without a will in Utah does not send your property to the state. It means Utah Code 75-2-102 writes the plan for you, and the default catches many Salt Lake City families off guard.

A surviving spouse takes the entire intestate estate if you leave no descendants, or if every surviving descendant is also that spouse’s descendant. But if even one descendant is not your spouse’s, the spouse takes the first $75,000 plus half the balance, and the remainder passes to your descendants.

In practice that means a long second marriage plus one child from a prior relationship produces a split estate by operation of law. A surviving spouse can end up co-owning the family home with a stepchild. It is one of the most common outcomes an estate planning lawyer in Salt Lake City has to explain after the fact, and almost nobody intends it.

Incapacity is the other half. Without a financial power of attorney and an advance health care directive, a family facing a stroke or a dementia diagnosis has to petition the court for guardianship or conservatorship. That is slower, public, and considerably more expensive than the documents would have been.

Mistakes That Cost Salt Lake City Families the Most

The unfunded trust. Signed, never deeded. The house goes through probate and the trust sat in a drawer.
Beneficiary designations nobody updated. Retirement accounts and life insurance pass by designation, not by will. A former spouse named in 2009 collects in 2026.
Adding a child to the deed. It is a present gift, exposes the home to that child’s creditors and divorce, and gives up the basis step-up the family would otherwise get.
Ignoring the cabin. Property in another county or state frequently triggers a second proceeding that a trust would have avoided.
Never revisiting the plan. A plan written before a divorce, a remarriage, or a business sale describes a life you no longer live.

Four of those five are funding and maintenance failures rather than drafting failures. That is the pattern an estate planning lawyer in Salt Lake City sees again and again, and it is why the follow-through matters more than the paragraph choices.

Working With an Estate Planning Lawyer in Salt Lake City

The process runs three meetings and about three to four weeks. The first is a design meeting covering what you own, how each asset is titled, and who depends on you, and you leave it knowing which plan you need and what it costs. Documents are then drafted and sent for you to read before any signing. The signing meeting handles Utah’s witness and notary requirements, and for trust plans the deed is prepared and recorded afterward.

Offices are in Lindon and West Jordan, both a short drive from Salt Lake City, and the practice covers business law, real estate law, estate planning, and probate. Handling probate is what informs the planning side, because it shows which provisions actually break. If you want the statewide picture first, start with the overview of estate planning in Utah, or read how a Utah living trust works.

Frequently Asked Questions

How much does an estate planning lawyer in Salt Lake City cost?

At this office, a flat $1,500 for a will-based plan and a flat $3,500 for a trust-based plan, quoted before drafting begins. Because plans are custom built, your figure may be higher or lower depending on complexity. Salt Lake County recording fees are separate and are paid to the county.

Do I need a trust if I own a home in Salt Lake City?

Usually yes, and it is the first thing an estate planning lawyer in Salt Lake City will ask about. Real property is the asset that forces an estate into probate, and Salt Lake County home equity is normally the largest thing a family owns. A funded trust keeps the house out of court, stays private, and covers incapacity as well as death.

Where would my estate be probated if I live in Salt Lake City?

In Salt Lake County. Utah Code 75-3-201 places venue for the first proceeding in the county where the person was domiciled at death. Property owned in another county or state can pull in an additional proceeding, which a trust generally prevents.

What does funding a trust involve for a Salt Lake City house?

A new deed conveying the property from you individually to you as trustee, recorded with the Salt Lake County Recorder at 2001 South State Street. Until that deed is recorded, the home is not in the trust and will be probated regardless of what the trust says.

Does Utah charge an estate tax or inheritance tax?

No. Utah imposes no state estate tax, and its Inheritance Tax Act at Title 59, Chapter 11 was formally repealed effective 5 May 2026. Only the federal estate tax remains, and it reaches a small minority of estates.

Can I disinherit my spouse in a Utah will?

Not completely. Utah Code 75-2-202 lets a surviving spouse elect one third of the augmented estate with a $75,000 supplemental floor, plus a $22,500 homestead allowance and up to $15,000 of exempt property. A plan that ignores this invites litigation rather than avoiding the claim.

Is a handwritten will valid in Utah?

Yes, within limits. Utah Code 75-2-502 recognizes a holographic will, valid whether or not witnessed, if the signature and material portions are in the testator’s own handwriting. It rescues some homemade documents but invites handwriting and intent disputes that a properly executed will avoids.

Should I use an estate planning lawyer in Salt Lake City or can I do this online?

An online form can produce a will that satisfies Utah Code 75-2-502. What it cannot do is review how your Salt Lake County property is titled, catch a retirement account still naming a former spouse, or record the deed that keeps your house out of probate. For a renter with modest assets an online will is defensible. For a homeowner it is usually the most expensive document in the house.

Do you meet clients in Salt Lake City?

Offices are in Lindon and West Jordan, both a short drive from Salt Lake City, and much of the design and review work can be handled by phone or video. The signing meeting is in person because Utah’s witness and notary requirements call for it.

Ready to get your plan in place? A will-based plan is $1,500 and a trust-based plan is $3,500, quoted flat before any drafting and adjusted only for genuine complexity.

Call or text (801) 613-1472, or reach out through the contact page. Offices in Lindon and West Jordan, serving Salt Lake City and the surrounding area.

Written by Jeremy Eveland, a Utah attorney practicing business law, real estate law, estate planning, and probate, with offices in Lindon and West Jordan.

This article is general information about Utah law and is not legal advice. Reading it does not create an attorney-client relationship. Fees quoted describe this office only. Statutes, dollar thresholds, and county office details change, so confirm anything you intend to rely on. Consult a licensed attorney about your situation.

Estate Planning Documents

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Estate Planning Documents

Last Updated: June 11, 2026

When it comes to estate planning, it is important to not only create the necessary documents, but to understand what documents are needed to make your plan legally binding. In the state of Utah, there are specific documents that should be included in an estate plan in order to ensure that your wishes are carried out.

The first document that should be included in an estate plan in Utah is a will. A will is a legal document that allows an individual to state their wishes regarding the distribution of their estate upon their death. It is also called a last will and testament. It should include an executor and detailed instructions regarding the distribution of assets. Utah law requires that the will must be in writing and signed by the testator in the presence of two witnesses. The witnesses must also sign the will in the presence of the testator.

The second document necessary for a valid estate plan in Utah is a durable power of attorney. This document allows an individual to appoint another person (an “agent”) to make decisions for them in the event that they become incapacitated. The agent will be able to make decisions regarding finances, healthcare, and any other matters that the individual is unable to manage.

The third document required for a valid estate plan in Utah is a living will. This document allows an individual to provide instructions regarding their medical care in the event that they become incapacitated. The living will should include detailed instructions regarding the type of medical care that the individual desires and the wishes regarding end of life care. Utah law requires that the living will must be signed and witnessed in the same manner as a will.

The fourth document necessary for a valid estate plan in Utah is a revocable living trust. A trust allows an individual to appoint a trustee who will manage the assets held in the trust for the benefit of another individual or individuals. The trust should include detailed instructions regarding the management and distribution of the trust assets. Utah law requires that the trust must be in writing and signed by the grantor in the presence of two witnesses. The witnesses must also sign the trust in the presence of the grantor.

The fifth and final document necessary for a valid estate plan in Utah is a health care directive. This document allows an individual to appoint another person to make medical decisions on their behalf in the event that they become incapacitated. The health care proxy should include detailed instructions regarding the type of medical care that the individual desires and the wishes regarding end of life care. It should also include the name and address of the person appointed as the proxy.

It is important to understand the documents that are necessary to create a valid estate plan in the state of Utah. They are also necessary to help you achieve the goals of estate planning. These documents include a will, a durable power of attorney, a living will, a trust, and a health care proxy. It is important to ensure that these documents are properly executed and witnessed in order for them to be legally binding. By understanding and following these documents, an individual can ensure that their wishes are carried out according to their desires.