State requirements
Making a will in Utah
Utah lists 2 witnesses, recognizes handwritten (holographic) wills, and offers a self-proving affidavit that speeds up probate. These are educational source notes, not a certification of an individual document. Verify the current official rules before signing.
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Witnesses
2 witnesses
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?
You can prepare wishes online, but the method of drafting alone does not establish validity. Check Utah requirements, your circumstances and the currently supported drafting scope. Professional review is separate.
How many witnesses does a will need in Utah?
Utah requires 2 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?
Notarization and witnessing serve different purposes. Check the rules for your particular Utah document; neither action alone establishes validity. 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?
Utah sets out what happens at signing: the will is in writing, the person making it is 18 or older and of sound mind, they sign it, and 2 witnesses who are not beneficiaries sign it as well. A notary is not part of that list — notarization belongs to the optional self-proving affidavit. Capacity and freedom from pressure matter as much as the formalities, and statutes change, so read the current Utah source above and get local help for your circumstances.
Keep reading
All guides →Your Utah wishes, thoughtfully prepared.
Start with your location and supported circumstances. A public guide does not mean generation is currently open. Professional review and signing remain separate steps.
Check drafting availabilityThis page is general information about Utah law, not legal advice. Statutes change — verify current requirements or consult a licensed Utah attorney for complex situations.