Utah Last Will and Testament

What Is a Last Will and Testament?

Utah defines a will as “includes codicil and any testamentary instrument which merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.” (§ 75-1-201(63))

Requirements

To execute a valid will, individuals must:

• The person making the will must be mentally sound and at least eighteen (18) years old. (§ 75-2-501)
• The will must be signed by two competent witnesses in the presence of the testator. (§ 75-2-502(1)(c))
• The will must be in writing. (§ 75-2-502(1)(a))

Filing

Utah does not require residents to file wills during their lifetime. Probate courts may allow individuals to deposit wills for safekeeping.

Sources

1. 1. § 75-1-201(63)
   2. § 75-2-501
   3. § 75-2-502(1)(c)
   4. § 75-2-502(1)(a)

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