Utah Simple Wills

Utah Estate Planning & Assistance With Simple Wills 

What is a Utah Will?

A will is a set of instructions to the probate court judge on how to handle a deceased person’s estate. When a person dies in Utah, their estate is typically handled in probate court (to see how to avoid probate court altogether see our page on living trusts).

A petition is filed and the local Utah court issues orders allowing a personal representative to access bank accounts, sell property and pay off creditors. Without a will the court has to decide from among those who are interested in serving, who is to fill the position. This can lead to unnecessary conflict.

Furthermore, without a will the court simply applies Utah’s default inheritance laws with little room to consider anything other than blood relationship to the decedent.  Therefore, a will should at the very least contain the following:

1. A person named as the personal representative. This person is responsible for handling the estate following the death of the testator (the person making the will).
2. Instructions on who is to receive the residue of the estate. The residue of the estate is what is left over after creditors and costs of administration have been paid. The people listed here are what most people consider “heirs.”
3. A designation of guardian for minors.We cannot emphasize enough that young families need wills more than more mature families with no kids at home because a young couple choosing who is to care for their minor children in the event of an unexpected tragedy is far more important than an older person choosing who gets a prized nativity set.
4. Any specific distributions.Specific distributions are those gifts going to specific people. Those getting specific gifts actually get their distributions before the heirs split the residue.

Finally, a will should be updated regularly in order to reflect changed circumstances.

When is Probate Court Triggered in Utah?

Probate is the process of dividing up an estate and distributing those assets to the correct beneficiaries. If the estate in question meets the definition of a Utah Small Estate, a petition to the court is unnecessary. To be considered a small estate there must be:

1. Four vehicles or less
2. Valued less than $100,000
3. May not include any real estate

If an estate does not meet these requirements, the matter must be adjudicated by a court.

What if Someone Dies Without a Will?

When there is no will the judge applies the default Utah Probate Law to the deceased individual’s estate. Contrary to popular belief, this does not mean the state government is going to take the estate. The default laws generally give a deceased person’s property to their heirs at law. While this seems straightforward, the law can apply very differently across families so it is important to understand exactly how you could be affected. Every Utah resident should have a will in place. While there is a system to designate who gets property when someone dies, having the decision made by the owner of the property is much better than leaving it up to the court.

Learn More About Utah Simple Wills & Estate Planning Today: 801-874-5644.