Free Utah Last Will and Testament



What is a Last Will and Testament?

A Utah Last Will and Testament, if written and signed correctly by a person who is an adult of sound mind, is a legal document that establishes the way your property or estate will be used and inherited after your passing away. The person who dies is formally referred to as the decedent. The testator could also assign a guardian for their minors in the will to ensure there is someone who can keep an eye on the children until they become adults or until they attain a specific age.

In a Utah Testament, the testator usually also establishes a personal representative-or co-personal agents (several individuals acting together in this regard) to take care of the estate. A personal representative is an individual who collects all of the information about the decedent’s financial obligations and property, pays any overdue debts using the assets on behalf of the estate, and helps to ensure that the decedent’s property is distributed as specified in the last will, making this a role with a lot of responsibility. The personal agent decided on is normally somebody the will creator genuinely relies on to see through their final will.

Any time a person dies without any legitimate Utah Last Will and Testament (which for most states implies it must be correctly witnessed, not only signed), someone will generally be assigned by the court to be the personal agent and pay the decedent’s financial debt, utilizing assets as necessary to do so. After that, the remaining assets will be shared amongst the decedent’s heirs in line with the laws of the state the decedent resided in.

In some states, when one spouse passes away leaving behind their partner, that living spouse will end up with most of the decedent’s assets without a Last Will and Testament saying the contrary. Additionally, the testator might have chosen a certain person to acquire a life insurance policy, retirement account, or some other asset, and that inheritor designation will ascertain who gets those assets without a Last Will and Testament.

The crucial thing to note is the fact that any person who desires to designate how their assets will be used after their death should draft and properly sign a Last Will and Testament to ensure their wishes are known and respected. With no will, you will be leaving it up to chance, the laws of the state, or a court of law regarding the way your final matters will be resolved.

Legal Requirements for Last Wills in Utah

The last will in Utah gives a person the opportunity to dispose of their estate per their wishes. Through the form, you can provide your close people with financial support and proper care. Without a will, the inheritance is distributed by court order under Utah laws. If you want to establish your own terms, prepare a testament indicating the heirs and the shares of your property.

How a Last Will Works in Utah

A testament comes into force after the court considers the document. The judge verifies the authenticity of the will and gives the heirs official permission to use the property of the deceased. The court also resolves the disputed points in the implementation of the testator’s last will. To process testaments for non-real estate properties with a total value of less than $ 25,000, there is a simplified procedure for admission of a will by the court.

A last will is required in cases when a person wants to appoint direct heirs to their property. A testator submits a handwritten or printed will to the state office.

You cannot argue the will of the deceased by referring to their oral testament. Here are the main aims for creating a document:

  • Identify the owner of a property, such as a house, plot of land, or apartment

  • Distribute finances and valuable assets among the heirs

  • Assign future owners of jewelry, expensive items, and other pieces of property

  • Appoint a guardian for minors

  • Provide for the care of elderly parents

  • Make a donation to a charity.

A testator appoints a person responsible for fulfilling their wishes regarding the inheritance. It may be a close relative whom the testator trusts or a qualified lawyer. The court takes into account the requirements of the testator and transfers these powers to the person appointed by them.

Cases of Inheritance beyond a Last Will

Although a testament implies a detailed description of the inheritance of all parts of the deceased’s estate, it does not extend its force to all of their property.

Utah laws provide several cases where the heirs must dispose of the property following legal requirements. Here are the main points:

  • A common property of the spouses with the title of survivorship

  • A mandatory share of the living spouse

  • Allowance for the spouse and minors

  • A share of a minor born or adopted after the creation of a will

  • Homestead allowance for a spouse and/or minor descendants.

Even if the will provides otherwise, the court will rule in favor of the living spouse and/or minor children. In these cases, the priority authority is Utah law, while the will of the deceased acts in the rest of the situations.

Changing the Terms of a Testament

A testator can edit or revoke their last will. To make amendments to the form, they submit a special supplement to the will (codicil). If there is a need to cancel the action of the paper, it must be destroyed. After that, a testator can write a new will or entrust the inheritance of their estate to Utah laws.

Last Will Forms for Neighboring States