What documents make up a Utah estate plan?

Commonly a will (Utah Code § 75-2-502), often with a revocable trust (§ 75B-2-402, § 75B-2-602), beneficiary designations, a power of attorney, and an advance health care directive — a health care instruction and a power of attorney for health care, for which the statute prints an optional form (§ 75A-9-106, § 75A-9-107, § 75A-9-110).

Does a will avoid probate in Utah?

No. A will is the instrument probate carries out; a probate proceeding is commenced within three years after the death (Utah Code § 75-3-107). Property passes outside probate by a funded trust, by beneficiary designation or survivorship, or, for personal property in an estate not exceeding $100,000, by the small estate affidavit 30 days after the death (§ 75-3-1201).

Does Utah have an estate tax?

No. Utah imposes no estate or inheritance tax for a death after December 31, 2004; the federal estate tax return (Form 706) and the fiduciary income tax returns (the Utah TC-41 with the federal Form 1041) are the returns a trustee records.

Utah Estate Planning: Wills, Trusts, Probate, Protection

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The building blocks of a Utah estate plan

A Utah will

A will directs who receives your property and names a personal representative, but it generally must pass through Utah probate to take effect. It can also name guardians for minor children.

A revocable living Trust

A revocable living Trust holds your assets during life and passes them to your beneficiaries at death — generally outside probate — while you keep full control and can change it anytime. It is an administration and probate-avoidance tool, not asset protection.

Probate

Probate is the court process that settles a decedent's estate — proving the will, paying creditors, and distributing what remains. In Utah the district court appoints the personal representative, who may publish a notice to creditors (Utah Code § 75-3-801) and prepares the inventory (Utah Code § 75-3-705); a small estate's personal property passes by affidavit (Utah Code § 75-3-1201), and many plans aim to reduce or avoid probate.

Asset protection

Utah protects some property by statute — the homestead exemption (Utah Code § 78B-5-503), retirement accounts, life insurance proceeds and cash values and education savings (Utah Code § 78B-5-505) — but each depends on facts, timing and titling, and a revocable Trust does not by itself shield assets from creditors (Utah Code § 75B-2-505). This is an area to review with a Utah attorney.

Powers of attorney & advance directives

A complete plan usually also includes a power of attorney for finances, a health care instruction and a power of attorney for health care (Utah Code § 75A-9-106, § 75A-9-107) — so someone you trust can act for you if you cannot, rather than the default surrogate the statute names (Utah Code § 75A-9-111).

Which plan is right in Utah?

There is no single best plan for everyone — the right mix of will, Trust, and directives depends on your assets, your family, and your goals. This page is general information, not legal advice. A free role check can show you where you stand, and a Utah attorney can recommend what fits your situation.

General information about Utah law, not legal advice.

Frequently asked questions

What documents make up a Utah estate plan?: Commonly a will (Utah Code § 75-2-502), often with a revocable trust (§ 75B-2-402, § 75B-2-602), beneficiary designations, a power of attorney, and an advance health care directive — a health care instruction and a power of attorney for health care, for which the statute prints an optional form (§ 75A-9-106, § 75A-9-107, § 75A-9-110).
Does a will avoid probate in Utah?: No. A will is the instrument probate carries out; a probate proceeding is commenced within three years after the death (Utah Code § 75-3-107). Property passes outside probate by a funded trust, by beneficiary designation or survivorship, or, for personal property in an estate not exceeding $100,000, by the small estate affidavit 30 days after the death (§ 75-3-1201).
Does Utah have an estate tax?: No. Utah imposes no estate or inheritance tax for a death after December 31, 2004; the federal estate tax return (Form 706) and the fiduciary income tax returns (the Utah TC-41 with the federal Form 1041) are the returns a trustee records.