✍️ Sarah Mitchell
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⚖️ Legally reviewed by James Hartley
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Last reviewed: July 2026
Affiliate Disclosure: Law-Trust.com may earn a commission when you click links to Trust & Will on this page, at no extra cost to you. Our rankings are editorially independent. This article is for informational purposes only and does not constitute legal advice.
Utah is one of the more forward-looking states for estate planning law. It was among the first states to enact the Uniform Electronic Wills Act (UEWA), meaning a fully electronic will with electronic signatures can be legally valid in Utah — not just a printable online document. Utah also has no state estate tax, clear probate procedures, and one of the highest small estate thresholds in the country at $100,000.
Whether you're in Salt Lake City, Provo, Ogden, or anywhere in the Beehive State, making a legally valid will online is straightforward. Here's everything Utah residents need to know about will requirements, electronic wills, and the best services in 2026.
✅ Utah Advantage: Electronic Wills Are Valid
Utah has enacted the Uniform Electronic Wills Act (Utah Code § 75-2-1301). This means a fully electronic will with electronic signatures can be valid — not just a printed online document. This is a genuine advantage for tech-forward Utahns.
Is an Online Will Legal in Utah?
Yes — online wills are fully legal in Utah in two distinct ways: as a traditional printed-and-signed will, or as a fully electronic will under the UEWA. Most users of online will services will create a traditional printable will — but Utah residents have more legal options than most states.
Under Utah Code § 75-2-502, a will is valid in Utah if: the testator is at least 18 years old and of sound mind; the will is in writing; signed by the testator (or by another at the testator's direction in the testator's conscious presence); and signed by at least two witnesses, each of whom signed within a reasonable time of witnessing the testator's signing or acknowledgment.
Notarization is not required for a traditional Utah will. A self-proving affidavit under Utah Code § 75-2-504 is strongly recommended — it allows probate admission without witness testimony. Utah also authorizes remote online notarization.
Holographic Wills in Utah
Utah Code § 75-2-502(2) recognizes holographic wills. A holographic will is valid in Utah if the signature and the material portions of the document are in the testator's handwriting. No witnesses are required.
Note that Utah's holographic will standard only requires the "material portions" to be in the testator's handwriting — not the entire document. This is somewhat more flexible than some states, but still carries all the usual risks of holographic wills: contestability, proof challenges, and ambiguity. A properly witnessed will is always preferred.
Electronic Wills in Utah — UEWA
Utah enacted the Uniform Electronic Wills Act (UEWA), codified at Utah Code §§ 75-2-1301 through 75-2-1311. Key requirements for a valid Utah electronic will:
- Must be created and signed in an electronic record
- Must be signed by the testator using electronic signature technology
- Must be witnessed by two individuals (electronically or in person) with electronic signatures
- Must be supervised by a qualified notary (typically via video conference)
- Must be stored with a "qualified custodian" who maintains the electronic record
In practice, most Utah residents using online will services create traditional printed wills, not UEWA electronic wills — the electronic will process requires a qualified custodian and supervised notary process that most DIY services don't yet fully support. But it's a meaningful legal option as the infrastructure matures.
Utah Will Requirements Checklist
✔ Utah Legal Will Requirements (Traditional)
- You are at least 18 years old and of sound mind
- The will is in writing (typed or printed)
- You sign the will (or direct someone in your conscious presence)
- Two witnesses each sign within a reasonable time of witnessing your signature
- Notarization NOT required — but self-proving affidavit (§ 75-2-504) is strongly recommended
- Holographic wills ARE recognized — signature and material portions in your handwriting
- Electronic wills ARE valid under UEWA — requires qualified custodian and supervised notary
Utah Probate: Courts, Process & Small Estates
District Court & Uniform Probate Code
Utah adopted the Uniform Probate Code (UPC), giving it one of the more flexible and efficient probate systems in the country. Probate is handled by the District Court in each of Utah's 8 judicial districts.
Utah allows both informal (unsupervised) probate and formal (supervised) probate. Informal probate is available when the will is straightforward and there are no disputes — it requires minimal court involvement, with a personal representative handling estate administration without ongoing court approval. This makes Utah probate faster and cheaper than many states.
Utah Small Estate Affidavit — $100,000 Threshold
Under Utah Code § 75-3-1201, Utah allows a small estate affidavit procedure for estates with total probate assets not exceeding $100,000. This is one of the highest small estate thresholds in the United States. The affidavit can be used 30 days after the decedent's death.
Utah's $100,000 threshold means a substantial proportion of Utah estates — particularly smaller ones — can bypass formal probate entirely. This is a significant benefit for Utah residents with modest estates.
Estate & Inheritance Tax in Utah
Utah has no state estate tax and no state inheritance tax. Only the federal estate tax applies, with a 2026 exemption of approximately $13.61 million per individual. The vast majority of Utah residents will never owe any estate tax.
Community Property in Utah — Opt-In Option
Utah is primarily a common law (separate property) state. However, Utah allows married couples to opt into community property treatment for specific assets through a Community Property Trust under Utah Code § 75-4-401. This is an uncommon but legally available option that can provide significant income tax benefits (full step-up in basis on BOTH halves of community property at death, vs. only the deceased's half in a common law state). For couples with highly appreciated assets — stock portfolios, real estate, or business interests — this can eliminate hundreds of thousands of dollars in capital gains tax when heirs eventually sell. This is generally only relevant for sophisticated estate planning with an attorney's guidance.
Best Online Will Services for Utah Residents
Best overall for Utah residents — complete document package, UPC-aware probate guidance, trust option available
Will plan from
$199
UT-Specific Documents
Self-Proving Affidavit
Informal Probate Compatible
Living Trust Available
Free Lifetime Updates
Trust & Will generates complete Utah-compliant will packages optimized for the Utah UPC system. The self-proving affidavit is included and works well with Utah's informal probate process. The living trust option is available for residents wanting to bypass probate entirely. Our top recommendation for UT residents.
✅ Pros
- UT-compliant documents
- Self-proving affidavit included
- Living trust for probate avoidance
- Free lifetime updates
❌ Cons
- Doesn't create UEWA electronic wills
- Higher price than budget options
Start Your Utah Will at Trust & Will →
Good option for Utah residents wanting attorney access
Will plan from
$89
UT-Compliant Documents
Attorney Add-On
Trust Documents Available
LegalZoom produces valid Utah wills with optional attorney access. Good choice for Utah residents with questions about the community property trust option or other Utah-specific estate considerations.
✅ Pros
- Attorney access available
- Lower entry price
❌ Cons
- Upsells inflate cost
- Updates cost extra
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Subscription for Utah residents needing ongoing legal access
Membership from
$39.99/mo
UT Will Template
Attorney Q&A
Document Library
Rocket Lawyer offers Utah will templates with attorney Q&A. Good value for residents needing multiple legal documents or wanting to ask questions about Utah's unique electronic will or community property trust options.
✅ Pros
- Attorney Q&A included
- Good for ongoing needs
❌ Cons
- Ongoing subscription cost
See Trust & Will Instead →
Budget option for simple Utah estates
Plan from
$9.95/mo
Low Cost
UT Templates
Quick Completion
LawDepot is the most affordable option for Utah residents with simple estates. Valid UT-compliant will templates at low cost, though limited in Utah-specific guidance depth.
✅ Pros
- Very low cost
- Fast completion
❌ Cons
- Minimal UT-specific depth
- Subscription model
Compare at Trust & Will →
Online Will Service Comparison for Utah
| Service | Price | UT Self-Proving Affidavit | UEWA Electronic Will | Best For |
|---|
| Trust & Will | $199 individual / $299 couples | ✅ Included | ❌ Not yet | Best overall UT experience |
| LegalZoom | $89–$179 | ✅ Included | ❌ Not yet | Attorney access needed |
| Rocket Lawyer | $39.99/mo | ✅ Available | ❌ Not yet | Multiple document needs |
| Nolo WillMaker | $99 one-time | ✅ Available | ❌ Not yet | Self-directed approach |
| LawDepot | $9.95/mo | ✅ Available | ❌ Not yet | Simple budget estates |
Ready to Make Your Utah Will?
Trust & Will is our top pick for Utah residents — UT-compliant documents, self-proving affidavit included, informal probate compatible, and free lifetime updates.
Start Your Utah Will at Trust & Will →
Frequently Asked Questions
Is an online will legal in Utah?
Yes. Online wills are fully legal in Utah under Utah Code § 75-2-502. A valid will must be in writing, signed by the testator (age 18+), and witnessed by two individuals. Utah also recognizes electronic wills under the UEWA (§ 75-2-1301). Notarization is not required, but a self-proving affidavit is strongly recommended.
Does Utah recognize electronic wills?
Yes — Utah enacted the Uniform Electronic Wills Act (UEWA), codified at Utah Code §§ 75-2-1301 through 75-2-1311. A valid Utah electronic will must be in an electronic record, signed electronically by the testator and two witnesses, supervised by a qualified notary, and stored with a qualified custodian. Most online will services create traditional printed wills, not UEWA electronic wills, but the legal framework exists in Utah for fully electronic wills.
Are holographic wills valid in Utah?
Yes, under Utah Code § 75-2-502(2). A holographic will is valid if the signature and material portions are in the testator's handwriting — no witnesses required. Utah's standard is slightly more flexible than some states (only "material portions" need to be handwritten). However, holographic wills are more easily contested; a properly witnessed will is always the better choice.
Does Utah have a state estate tax?
No. Utah has no state estate tax or inheritance tax. Only the federal estate tax applies, with a 2026 exemption of approximately $13.61 million per individual. Most Utah residents will never owe any estate tax.
What is Utah's small estate affidavit limit?
Under Utah Code § 75-3-1201, Utah allows a small estate affidavit for total probate assets not exceeding $100,000 — one of the highest thresholds nationally. This procedure can be initiated 30 days after the decedent's death and allows heirs to collect assets without formal probate administration.
Is Utah a community property state?
Utah is primarily a common law state, but allows couples to opt into community property treatment via a Community Property Trust under Utah Code § 75-4-401. This is uncommon but can provide income tax benefits (full step-up in basis on appreciated assets). It requires an attorney's guidance to establish properly.
What court handles probate in Utah?
Probate in Utah is handled by the District Court in each of Utah's 8 judicial districts. Utah adopted the Uniform Probate Code and offers both informal (unsupervised) and formal (supervised) probate. Informal probate requires minimal court involvement for straightforward estates — one of Utah's significant probate advantages.
How many witnesses does a Utah will require?
Two witnesses are required under Utah Code § 75-2-502. Each must sign within a reasonable time of witnessing the testator's signature or acknowledgment. Utah follows the UPC "conscious presence" standard. Use disinterested witnesses (non-beneficiaries) for best practice.