State requirements
Making a will in Utah
Utah requires 2 adult witnesses, recognizes handwritten (holographic) wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
Notarization
Optional (affidavit)
Holographic wills
Recognized
Self-proving affidavit
Available
Overview
Utah adopted the Uniform Probate Code (UPC). Utah recognizes holographic wills. Utah is NOT a community property state but has elective share protections.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | Utah Code § 75-2-501 | 18+ and of sound mind |
| Execution Requirements | Utah Code § 75-2-502 | Written, signed, 2 witnesses |
| Holographic Wills | Utah Code § 75-2-502 | Material portions handwritten |
| Self-Proving | Utah Code § 75-2-504 | Available with affidavit |
| Elective Share | Utah Code § 75-2-202 | Based on marriage length |
Execution Requirements
UTAH WILL REQUIREMENTS (UPC):
✓ In writing
✓ Signed by testator
✓ Signed by 2 or more witnesses within reasonable time
HOLOGRAPHIC WILLS:
✓ Material portions in testator's handwriting
✓ Signed by testator
✓ NO witnesses required
Elective Share
UTAH ELECTIVE SHARE (UPC):
- Based on length of marriage
- Up to 50% of augmented estate for 15+ year marriages
- Includes probate and non-probate transfers
Checklist for Utah Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 witnesses signed within reasonable time
- •[ ] Self-proving affidavit completed
- •[ ] OR: Holographic will with material portions handwritten
Utah will questions, answered
Can I make a will online in Utah?
Yes. Utah does not require a lawyer to draft a will. A will created online is valid in Utah when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in Utah?
Utah requires 2 adult witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does Utah require a will to be notarized?
No. Witnesses make a will valid in Utah, not a notary. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in Utah?
Yes, Utah recognizes holographic wills under specific conditions. They are riskier than witnessed wills — harder to probate and easier to contest — so a witnessed will remains the safer choice.
What makes a will legally valid in Utah?
A valid Utah will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses.
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Start my will — $29This page is general information about Utah law, not legal advice. Statutes change — verify current requirements or consult a licensed Utah attorney for complex situations.