Estate plan requirements

Utah

Everything you need to create a valid estate plan in Utah: wills, trusts, powers of attorney, and healthcare directives.

Will

2W

Trust

POA

N

Healthcare Dir.

1W

E-will

Adopted

Since 2020

Online notary (RON)

Authorized

Since 2019

Remote witnessing (ROW)

All docs

Since 2020

Community property

No

Minimum age

18

2W + N = 2 witnesses + notarization2W = 2 witnesses, no notarization
N = notarization, no witnesses = no formal requirements
1

Will

Witnesses: 2 required

Two witnesses must sign within reasonable time after witnessing testator's signing or acknowledgment

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Valid

Handwritten wills without witnesses are recognized in Utah

Self-proving affidavit: Available

Allows the will to be admitted to probate without witness testimony

2

Living Trust

Witnesses: None required

No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

3

Durable Power of Attorney

Witnesses: None required

No witnesses required for power of attorney

Notarization: Required

Notarization is required for a valid durable power of attorney

State-specific notes

Acknowledged before a notary public — Utah Code §75-9-105
Durability is presumed unless the instrument states otherwise
4

Healthcare Directive

Witnesses: 1 required

Utah requires 1 witness for healthcare directive execution

Notarization: Not required

Notarization is not required but may be accepted

State-specific notes

One witness required — Utah Code §75-2a-107
Witness cannot be the agent or a healthcare provider

Electronic will status

Utah has adopted electronic will legislation (2020). You may be able to create, sign, and witness a will electronically using approved methods.

Remote online notarization

Utah authorized remote online notarization (RON) in 2019. You can have your estate planning documents notarized via live video call with an approved notary, without an in-person appointment.

Remote online witnessing

Utah authorized remote online witnessing (ROW) in 2020. Witnesses can observe your signing via live video call for wills, trusts, powers of attorney, and healthcare directives.

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Utah for guidance specific to your situation.