Does a will make the probate process more complicated in Utah?

No. Some people mistakenly believe that making a last will and testament will require or will complicate the probate process in Utah. Executing a valid will does not make probate necessary. And if probate does become necessary, a valid last will and testament can simplify the process. With proper planning, the use of a last will and testament in combination with a living trust may allow you to avoid probate completely. With or without probate, creating a last will and testament gives you the opportunity to make clear your intentions for the management and distribution of your estate following your death. While there are many sources of assistance in creating a will, free online or print sources cannot provide the personalized legal advice necessary to help you make a will that is tailored to your individual circumstances.

While executing a last will and testament should not complicate the probate process, a will does not do anything to avoid the necessity of probate. If your estate is valued at more than $100,000 or includes any real property (home, condominium, land, etc.), then just having a last will and testament in Utah will still require probate proceedings for the appointment of a personal representative and the issuance of letters testamentary or letters of administration. Executing a will in combination with a living trust may, in many circumstances, avoid the necessity of going through probate even for larger estates.

If, at the time of your death, your estate contains no real property and is valued at less than $100,000, then in many cases probate can be avoided through the use of a small estates affidavit. In appropriate cases, Utah law allows this affidavit to be used by the decedent’s personal representative to administer the estate without the intervention of a probate court.