A last will and testament will be considered valid if it is signed by the testator as well as two witnesses. The witness need only be generally competent to act as a witness (see Utah Code 75-2-505). While a last will and testament traditionally could not be witnessed by a person who had an interest (would inherit) under the will, Utah law now provides that the signing of a will by an interested witness does not invalidate the will.
A will is considered “self-proving” under Utah law if the witnesses and the testator all sign the will in the presence of a notary public and properly notarized.ย The notary may also act as one of the witnesses.
Utah law provides an exception to the two-witness requirement in the case of a holographic will. A holographic will is one in which all material provisions of the document are written in the testator’s own handwriting. A holographic will need not be notarized, and can still be considered valid under Utah law. But a holographic willย is not considered self-proving in Utah probate court proceedings.