How to Make a Valid Will in Utah
What Utah law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: A person 18 or older with testamentary capacity may make a will. Capacity means the person can identify family members and others in his or her life, understands those relationships and the nature and extent of his or her property, and can form a plan for disposing of it; Utah Code §§ 75-2-501, 75-2-502, 75-2-505, 75-2-1405
| Requirements for a valid will | A person 18 or older with testamentary capacity may make a will. Capacity means the person can identify family members and others in his or her life, understands those relationships and the nature and extent of his or her property, and can form a plan for disposing of it; capacity is presumed even if the person is under a guardianship or conservatorship. A will must be in writing, signed by the testator (or by someone else in the testator's conscious presence and at his or her direction), and signed by at least two witnesses, each within a reasonable time after seeing the signing or the testator's acknowledgment of the signature or of the will. An interested witness does not invalidate the will. Utah also recognizes electronic wills signed by the testator and two witnesses in the testator's physical or electronic presence. Section 75-2-501 was amended in 2025 (2025 Utah Laws ch. 338) to define testamentary capacity. A document not properly executed may still be treated as a will if clear and convincing evidence shows the decedent intended it as a will (§ 75-2-503). |
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| Handwritten (holographic) wills | Yes. A will that does not meet the witness requirements is valid as a holographic will, whether or not witnessed, if the signature and the material portions of the document are in the testator's handwriting. Intent that the document be a will may be shown by other evidence, including portions not in the testator's handwriting. Source: Utah Code § 75-2-502(2)-(3) |
| Self-proving affidavit | Yes. A will may be made self-proved at signing, or at any later time, by the testator's acknowledgment and the witnesses' affidavits before a notary or other officer authorized to administer oaths, using the statutory certificate form. Source: Utah Code § 75-2-504 |
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FAQ
What makes a will valid in Utah?
A person 18 or older with testamentary capacity may make a will. Capacity means the person can identify family members and others in his or her life, understands those relationships and the nature and extent of his or her property, and can form a plan for disposing of it; capacity is presumed even if the person is under a guardianship or conservatorship. A will must be in writing, signed by the testator (or by someone else in the testator's conscious presence and at his or her direction), and signed by at least two witnesses, each within a reasonable time after seeing the signing or the testator's acknowledgment of the signature or of the will. An interested witness does not invalidate the will. Utah also recognizes electronic wills signed by the testator and two witnesses in the testator's physical or electronic presence.
Is a handwritten will valid in Utah?
Yes. A will that does not meet the witness requirements is valid as a holographic will, whether or not witnessed, if the signature and the material portions of the document are in the testator's handwriting. Intent that the document be a will may be shown by other evidence, including portions not in the testator's handwriting.
Does a will need to be notarized in Utah?
Yes. A will may be made self-proved at signing, or at any later time, by the testator's acknowledgment and the witnesses' affidavits before a notary or other officer authorized to administer oaths, using the statutory certificate form.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.