What is a Last Will and Testament


A Utah Last Will and Testament, when prepared and executed properly by a person who is an adult of sound mind with legal responsibility for his- or herself, is a formal document that specifies how their assets or estate will be managed and distributed after their death. The person who dies is formally referred to as the decedent. If the decedent has minor children, the Last Will and Testament may also be used to designate who they want to care for their children and who they wish to handle their childrenís inheritance/finances until each child comes of age (usually 18, but you can designate a different age) to handle their finances on their own.

In a Last Will and Testament, the decedent usually also names a personal representativeóor co-personal representatives (two or more persons acting together in this capacity)óto manage the matters of the estate. The personal representative is the person who gathers all of the information about the decedentís debts and assets, pays outstanding debts using the assets on behalf of the estate, and ensures that the decedentís property is distributed as specified in the Will, so this is a job with a lot of responsibility, and the personal representative selected is usually someone the decedent really trusts to follow through on the details and with his or her wishes.

If a person dies without having a valid Last Will and Testament (which usuallyóin most statesómeans it must be properly witnessed, as wellónot just signed), someone will usually be appointed by the court to be the personal representative and will pay the decedentís debts, liquidizing assets as necessary to do so. Then the remaining assets will be distributed among the decedentís heirs according to the laws of the state the decedent lived in.

In some states, if one spouse dies leaving behind a husband or wife, that living spouse will inherit all of the decedentís property in the absence of a Last Will and Testament stating to the contrary. In other cases, the decedent may have specified a particular beneficiary to inherit a life insurance policy, retirement account, or other asset, and that beneficiary designation will dictate who receives those assets in the absence of a Utah Last Will and Testament.

The important thing to note is that anyone who wishes to designate how their assets will be distributed after their death should prepare and properly execute a Last Will and Testament to ensure their wishes are known and honored. If they donít, they may be leaving it up to chance, the laws of the state in which they reside at the time of their death, or a court of law as to how their final affairs will be settled.  Utah free information on last will and testament forms.

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 testatorís 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 deceasedís 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.



"Wonderful, A website that has quality last will forms . My husband and I been thinking of this for a long time. We finally decided to get it done and your forms was tailored just the way we wanted them. Thanks and keep up the good work"

Pompano Beach, Florida
"Thank you, Thank you, Thank you - I don't know if I can thank you enough. You guys made it possible for me to get a last will without it costing me a arm and a leg. Now I am completely focus on what I want to do with my life"

Sumter, South Carolina

"It was difficult to find cheap forms until I received your do it yourself last will forms. It took me 30 minutes to file out the forms and my will was complete . I didn't know that it could be that inexpensive to get a will"

Hartford, Connecticut

" The last will documents were so easy to fill out, The help I received from your company is just unbelievable. You guys are great, good looking out."

Detroit, Michigan
9-2021 / All Rights Reserved