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Utah rewrote the definition of testamentary capacity in 2025 — and the new statute protects wills that other states would leave open to attack. Utah now has a four-part statutory capacity test and a rebuttable presumption that capacity existed even if the testator was under a guardianship or conservatorship. Most states leave all of this to case law. Utah also has among the most permissive electronic-will rules in the country: no residency requirement for witnesses, and the harmless-error statute expressly applies to electronic documents. Handwritten wills are valid here without a date. Online services prepare a Utah-specific will for $199–$299. Every rule below cites the Utah Code.
Most Utah adults can finish a legally valid will in under an hour.
Two witnesses, a signature, and clear wishes — that’s the whole requirement. An online service like Trust & Will prepares a Utah-specific will with the witness pages ready to sign.
Disclosure: we earn a commission if you buy through the Trust & Will links here, at no extra cost to you. Complex situations belong with an attorney and we say so below.
Utah Will Requirements (2026)
Utah Code § 75-2-502(1) sets the execution rules — the standard Uniform Probate Code formulation:
| Requirement | Utah rule | Statute |
|---|---|---|
| In writing | A written record — or an electronic record under the Uniform Electronic Wills Act | §§ 75-2-502, 75-2-1405 |
| Signed | By you, or in your name by another individual in your conscious presence and at your direction | § 75-2-502(1)(b) |
| Witnessed | Two individuals, each signing within a reasonable time after witnessing your signing or your acknowledgment — they need not be present together | § 75-2-502(1)(c) |
| Notarized | Not required for validity — the notary appears only in the optional self-proving affidavit | § 75-2-504 |
Utah’s witness rule is among the most forgiving in the country. There is no requirement that the witnesses watch each other sign, no requirement that they sign the same day, and no publication requirement — you do not have to announce that the document is your will, the way Oklahoma and Iowa still require.
Utah’s 2025 Testamentary Capacity Statute
This is the change worth reading even if you already have a will. Chapter 338 of the 2025 General Session amended § 75-2-501 to define testamentary capacity by statute. Under § 75-2-501(2), a testator has capacity if the testator:
- can identify the testator’s family members or other individuals in the testator’s life;
- understands the testator’s relationship to those individuals;
- understands the nature and extent of the testator’s property; and
- can form a plan in the testator’s mind for the disposition of that property.
Two further subsections do real work:
§ 75-2-501(3): a testator is not required to have any knowledge or understanding of the laws of intestate succession. That forecloses a line of attack — the argument that someone did not really understand what would have happened without a will.
§ 75-2-501(4): there is a rebuttable presumption that testamentary capacity existed at the time the will was executed even if the testator is subject to a guardianship or conservatorship, or is otherwise unable to independently manage the testator’s affairs.
That last provision matters enormously to families dealing with dementia, disability, or an aging parent whose finances someone else already manages. In most states, the existence of a guardianship is ammunition for a will contest. In Utah it is expressly not disqualifying — the burden sits with the person challenging the will. Capacity is still judged at the moment of signing, and a guardianship is still evidence a court may weigh; the statute simply refuses to let it decide the question by itself.
Handwritten Wills Are Valid in Utah — and Utah Is Unusually Generous About Them
Under § 75-2-502(2), a will that does not meet the witnessed-will requirements is still valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator’s handwriting.
Note what is absent: no date requirement. Nevada and Oklahoma both make the date a statutory element and kill an undated handwritten will outright. Utah does not.
And § 75-2-502(3) goes further than most states: intent that the document constitutes your will “can be established by extrinsic evidence, including, for holographic wills, portions of the document that are not in the testator’s handwriting.” A preprinted will form with the material provisions filled in by hand can therefore work in Utah — the printed language can even help prove you meant it as a will. That is the opposite of the rule in “wholly in your own handwriting” states, where printed text is fatal. The opposite pole is New Mexico, whose probate code states that a will does not include a holographic will at all.
None of which makes a handwritten will a good idea. It arrives with no witnesses to confirm capacity, and it is the most-contested format in probate court everywhere. Utah simply gives it more room to survive than most states do.
Utah’s Harmless-Error Rule
Section 75-2-503 lets a court treat a defectively executed document as a will if the proponent establishes by clear and convincing evidence that the decedent intended it as the will, as a revocation, as an addition or alteration, or as a revival of a previously revoked will.
The important detail is what it covers. Section 75-2-1406 expressly applies § 75-2-503 to a will executed electronically. Hawaii has the same harmless-error rule but no electronic wills for it to reach. That is the opposite of Oregon’s approach, where the 2025 statute excludes electronic records from “writing” for both the execution statute and the harmless-error statute, so an electronic document cannot be rescued at all. In Utah it can.
Electronic Wills: Legal in Utah Since 2020
Utah adopted the Uniform Electronic Wills Act in the 2020 Sixth Special Session; it now sits at Utah Code §§ 75-2-1401 to 75-2-1410, with definitions amended in 2025.
Under § 75-2-1405(1), an electronic will must be a record readable as text at the time of signing; signed by you or in your name by another in your conscious presence and at your direction; and signed in your physical or electronic presence by at least two individuals within a reasonable time after witnessing the signing or your acknowledgment. “Electronic presence” means real-time communication — video, not email.
Utah imposes no residency or location requirement on the witnesses at all. That is worth comparing directly:
| State | Where the witnesses must be |
|---|---|
| Utah | No requirement — anywhere |
| Oklahoma | Resident of, and located in, “a state” — any state |
| Kentucky | Kentucky residents, physically located in Kentucky |
Utah also handles choice of law generously: under § 75-2-1404, a will executed electronically that does not meet Utah’s own requirements is still an electronic will here if it complied with the law of the jurisdiction where you were physically located when you signed, or where you were domiciled or resided when you signed or when you died. And § 75-2-1402(6)(b), amended in 2025, expressly includes a federally recognized Indian tribe within the definition of “State” for that purpose.
An electronic will can be made self-proving at execution under § 75-2-1408, by acknowledgment and witness affidavits before an officer authorized to administer oaths, evidenced by the officer’s certificate affixed to or logically associated with the will.
Dying Without a Will in Utah
| Your situation | What your spouse receives |
|---|---|
| No descendants survive you | The entire intestate estate (§ 75-2-102(1)(a)(i)) |
| All your descendants are your spouse’s | The entire intestate estate (§ 75-2-102(1)(a)(ii)) |
| You have a child who isn’t your spouse’s | First $75,000 + one-half of the balance (§ 75-2-102(1)(b)) |
| Your spouse has a child who isn’t yours | The entire intestate estate — Utah looks only at your side |
The subsection almost nobody mentions is § 75-2-102(2). When the estate passes to both your spouse and other heirs, any nonprobate transfer your surviving spouse received — life insurance, a payable-on-death account, a retirement account beneficiary designation — is added back to the probate estate when calculating the other heirs’ shares, and is conclusively treated as an advancement against your spouse’s share.
The practical effect surprises people: naming your spouse as beneficiary on a large life insurance policy does not sit on top of their intestate share in a blended family. It reduces what they take from the probate estate, dollar for dollar. Utah is one of relatively few states that pulls nonprobate transfers into the intestacy math this way.
Utah Has No Death Tax — and Repealed the Statute in 2026
Utah has no estate tax and no inheritance tax. Utah’s inheritance tax was a “pick-up” tax measured by the federal credit for state death taxes, and it stopped applying to deaths after December 31, 2004; the Utah State Tax Commission states plainly that “Utah inheritance tax returns do not need to be filed” and that no inheritance tax waiver is required.
The dead chapter has now been cleared away as well: the Utah Code page for Title 59, Chapter 11 — the Inheritance Tax Act — reads, in its entirety, “Repealed 5/6/2026.” Only the federal estate tax can reach a Utah estate. Compare the states in our state-by-state comparison.
What a Will Costs in Utah
| Route | Typical cost | What you get |
|---|---|---|
| Handwritten | $0 | Valid if the signature and material portions are in your hand — no date needed, but the most-contested format |
| Online service | $199 individual / $299 couple | Utah-specific will with witness pages, done in about an hour |
| Utah attorney | Flat fees vary — the Wasatch Front runs above rural counties | Custom drafting and counsel, and a supervised signing that documents capacity |
Online pricing verified against Trust & Will’s published rates (August 2026). The Utah State Bar publishes no fee survey, so we quote no attorney figures we can’t source. See how Utah compares with the rest of the country for national cost ranges and a state-by-state table of will requirements.
What a Utah Will Does Not Do
1. A will does not avoid probate. Utah probate is a court process on the public record, though Utah’s informal probate is relatively efficient and it offers small-estate affidavit procedures. For the comparison, see what a living trust costs in Utah, how small estate affidavits work, and our guide to avoiding probate.
2. A will does not settle a capacity fight by itself. The 2025 statute helps — it defines capacity and presumes it despite a guardianship — but the presumption is rebuttable. If capacity is genuinely in question, an attorney-supervised signing that documents the four statutory elements is worth far more than the form.
3. A will does not override beneficiary designations — and in Utah those designations affect the intestacy math anyway. Keep the forms current, and pair the will with a durable power of attorney and an advance health care directive — see the five documents every family needs.
Will vs. Trust for Utah Families
Every Utah adult needs a will — no default rule names a guardian for your children, and the $75,000-plus-half rule splits your estate the moment a child from another relationship exists on your side. With no state estate tax and a workable probate system, the Utah trust question is mostly about privacy, out-of-state real estate, and keeping property out of a conservatorship for young beneficiaries. Start with Trust vs. Will: Which Does Your Family Need? and the numbers in our Utah living trust cost guide.
If the will is what you need today, Trust & Will’s Utah package includes the witness pages, guardianship nominations, and healthcare documents — build your Utah will here.
FAQ
Does a will have to be notarized in Utah?
No. Validity takes your signature and two witnesses signing within a reasonable time after witnessing (§ 75-2-502). The notary appears only in the optional self-proving affidavit (§ 75-2-504), which spares your witnesses a trip to court later.
Are handwritten wills legal in Utah?
Yes. A will is valid as a holographic will, witnessed or not, if the signature and material portions are in your handwriting (§ 75-2-502(2)). Utah requires no date, and under § 75-2-502(3) even printed portions of the document can be used as evidence that you intended it as your will.
Can I make an electronic will in Utah?
Yes — since 2020, under the Uniform Electronic Wills Act at §§ 75-2-1401 to 75-2-1410. Two witnesses must sign in your physical or electronic presence, and unlike Kentucky or Oklahoma, Utah places no residency or location requirement on them. The harmless-error statute also applies to electronic wills (§ 75-2-1406).
Can someone under a guardianship make a will in Utah?
Yes. Under § 75-2-501(4), added in 2025, there is a rebuttable presumption that testamentary capacity existed when the will was signed even if the testator is subject to a guardianship or conservatorship or is otherwise unable to independently manage their affairs. Capacity is judged at the moment of signing, and the burden falls on whoever challenges the will.
What happens if I die without a will in Utah?
Your spouse takes the entire estate if you leave no descendants, or if all your descendants are also theirs. If you have a descendant who is not your spouse’s, they take the first $75,000 plus half the balance (§ 75-2-102) — reduced by any life insurance or payable-on-death assets they receive, which count as an advancement (§ 75-2-102(2)).
Does Utah have an estate or inheritance tax?
No. Utah’s inheritance tax stopped applying to deaths after December 31, 2004, and the Inheritance Tax Act chapter was formally repealed effective May 6, 2026. Utah has never had a separate estate tax.
Utah Law Cited on This Page
- Utah Code § 75-2-501 — who may make a will; testamentary capacity (amended 2025)
- Utah Code § 75-2-502 — execution; witnessed wills; holographic wills
- Utah Code § 75-2-503 — writings intended as wills (harmless error)
- Utah Code § 75-2-504 — self-proved will
- Utah Code §§ 75-2-1401 to 75-2-1410 — Uniform Electronic Wills Act
- Utah Code § 75-2-102 — intestate share of spouse
- Utah State Tax Commission — inheritance tax guidance
Update log — August 2026: page created. Capacity, execution, holographic, harmless-error, electronic-will and intestacy rules verified against the official Utah Code as published by the Utah Legislature, including the 2025 amendments to §§ 75-2-501 and 75-2-1402 and the repeal of Title 59 Chapter 11 effective May 6, 2026. Reviewed when Utah law changes.