Is An Online Will Legally Valid in Utah?

Yes, online wills are legally valid in Utah. However, there are some rules you should know about what makes them legal. You have to take steps beyond simply creating one online. Learn more about those rules below.

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Not to worry, FeedingBird helps you every step of the way.

What Makes an Online Will Legally Valid in Utah?

Utah is one of a small number of states that allows electronic wills. An e-will can be stored and signed electronically, following essentially the same witness requirements as a traditional will. A printed will signed by two witnesses is also valid, with no notary required unless you want the will to be self-proving.

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Utah also recognizes holographic, or handwritten, wills with no witnesses, as long as your signature and all material portions are in your own handwriting.

What You Need to Know about Online Wills in Utah

Utah Property Laws

Estate laws can be quite complex and some vary significantly by state. It's important to ensure your online will is structured appropriately to avoid a long, complex legal process.

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Utah is not a community property state. It distinguishes between marital and separate property, but that distinction matters mainly for divorce and for calculating a surviving spouse's elective share, not for how a will disposes of property.

Utah Probate

All wills go through probate in Utah unless the estate qualifies for a small estate affidavit (property up to $100,000, no real estate). Larger estates already in probate may qualify for a streamlined "summary administration" process, though this still requires opening probate — it doesn't avoid it. Otherwise, a trust is typically used to avoid probate.

Avoiding Probate in Utah

• Put your assets in a revocable living trust. A living trust lets you have full control over your estate as the trustee. You name a successor trustee who will manage distributing your assets after your death.

• Name beneficiary designations on financial and retirement accounts. A payable-on-death (POD) designation will specify who receives payment at the time of your death. A transfer-on-death (TOD) designation names a new owner for those accounts.

• Establish joint ownership with right of survivorship. This gives your spouse or another co-owner automatic ownership of any joint property.

Want to learn more about trusts in Utah? Check out this article.