How to Make a Will in Utah (2026 Guide)

A will made in Utah must be signed by you and by 2 witnesses to be valid. Yes (Utah Code § 75-2-504). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Utah will covers, generated from the same rules.

Make my free Utah will

Utah will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	Yes
Electronic wills recognized	Yes
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	Yes
No-contest clause	Limited
Will execution statute	Utah Code § 75-2-502
Financial POA statute	Utah Code § 75-9-101 et seq. (Utah Uniform Power of Attorney Act, 2016); statutory form at § 75-9-301
Healthcare directive statute	Utah Code § 75A-3-101 et seq. (Advance Health Care Directive Act, renumbered in 2023 from § 75-2a-101 et seq.); optional statutory form

Witnesses

Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or of the will (Utah Code § 75-2-502(1)). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (Utah Code § 75-2-505); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence; signing together in one sitting is the safest practice. Electronic wills are governed separately by Utah Code § 75-2-1401 et seq.

Do you need a notary in Utah?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (Utah Code § 75-2-504). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Utah

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or of the will (Utah Code § 75-2-502(1)). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (Utah Code § 75-2-505); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence; signing together in one sitting is the safest practice. Electronic wills are governed separately by Utah Code § 75-2-1401 et seq.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (Utah Code § 75-2-504). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy. Utah has no general statute for lifetime deposit of a paper will with the court (an electronic will may be kept by a custodian under Utah Code § 75-2-1401 et seq.).
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may elect to take one-third of the augmented estate, which includes certain non-probate transfers (Utah Code §§ 75-2-202 to 75-2-214), plus the homestead allowance, exempt property and family allowance (Utah Code §§ 75-2-402 to 75-2-404).

Homestead

No special restriction on devising a homestead by will. A surviving spouse (or minor/dependent children) is entitled to a homestead allowance of $22,500 with priority over most claims and devises (Utah Code § 75-2-402); the homestead exemption from creditors is in Utah Code § 78B-5-503.

If you die without a will in Utah

If you die without a will in Utah, your spouse takes everything if you leave no descendants, or if all of your descendants are also your spouse's. If you have any descendant who is not your spouse's, the spouse takes the first $75,000 plus half of the balance (Utah Code §§ 75-2-102, 75-2-103). With no spouse, everything passes to descendants, then parents, then siblings and their descendants. More on intestacy.

Other estate-planning documents in Utah

• Durable financial power of attorney: Utah Code § 75-9-101 et seq. (Utah Uniform Power of Attorney Act, 2016); statutory form at § 75-9-301. The power of attorney must be signed by the principal (or by another adult in the principal's conscious presence at the principal's direction) and the signature must be acknowledged before a notary public (Utah Code § 75-9-105). Witnesses are not required by statute; two adult witnesses are recommended. Record it with the county recorder before using it for real estate.
• Advance healthcare directive: Utah Code § 75A-3-101 et seq. (Advance Health Care Directive Act, renumbered in 2023 from § 75-2a-101 et seq.); optional statutory form. An advance health care directive must be signed by the declarant (or by another at the declarant's direction) in the presence of one disinterested adult witness, who also signs (Utah Code § 75A-3-301). The witness may not be the person who signed on the declarant's behalf, related to the declarant by blood or marriage, entitled to any part of the estate, the appointed agent, a health care provider treating the declarant or its employee, or financially responsible for the declarant's care; a second witness and notary are not required but are recommended. The statutory form is optional.
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: Recognized (Utah Code § 75-2-513).

Utah notes

• Utah recognizes electronic wills under the Utah Uniform Electronic Wills Act (Utah Code § 75-2-1401 et seq.); this service produces a paper will to be signed with pen and ink.
• Utah recognizes holographic wills whose signature and material portions are in the testator's handwriting (Utah Code § 75-2-502(2)); a typed, witnessed will is far easier to prove.

Frequently asked questions

How many witnesses does a will need in Utah?

Utah requires 2 witnesses (Utah Code § 75-2-502). Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or of the will (Utah Code § 75-2-502(1)). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (Utah Code § 75-2-505); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence; signing together in one sitting is the safest practice. Electronic wills are governed separately by Utah Code § 75-2-1401 et seq.

Does a will need to be notarized in Utah?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Utah have a self-proving affidavit?

Yes (Utah Code § 75-2-504). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Utah?

Yes, Utah recognizes holographic wills under certain conditions, but a typed, witnessed will is far safer and is what this service produces.

Can I disinherit my spouse in Utah?

A surviving spouse cannot be completely disinherited. The spouse may elect to take one-third of the augmented estate, which includes certain non-probate transfers (Utah Code §§ 75-2-202 to 75-2-214), plus the homestead allowance, exempt property and family allowance (Utah Code §§ 75-2-402 to 75-2-404).

What happens if I die without a will in Utah?

If you die without a will in Utah, your spouse takes everything if you leave no descendants, or if all of your descendants are also your spouse's. If you have any descendant who is not your spouse's, the spouse takes the first $75,000 plus half of the balance (Utah Code §§ 75-2-102, 75-2-103). With no spouse, everything passes to descendants, then parents, then siblings and their descendants.

Is a no-contest clause enforceable in Utah?

A provision penalizing an interested person for contesting the will is unenforceable if probable cause exists for instituting the proceeding (Utah Code §§ 75-2-515, 75-3-905).

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.