Creating a living trust (sometimes called a family trust or revocable trust) can be an important part of a comprehensive estate plan. Transferring your home or other real estate into your living trust is part of funding your trust, and is an important step toward avoiding an expensive and lengthy probate process. Does transferring my…

A person who dies without leaving a will is considered to have died “intestate.”  Under Utah law, what happens to that person’s estate is dictated by sections of the Utah probate code governing intestate succession (Utah Code Ann. 75-2-102 et seq.). Most often, the “heirs” who are likely to inherit under intestate succession will be…

Losing or misplacing your last will and testament (or simply a “will”) in Utah requires action.  Even if you still have a photocopy of the will, this may not be sufficient.  If a probate action in the Utah courts is necessary following your death, an original normally must be filed with the court – not…

What is the spousal share under intestate succession in Utah? When a person dies without a will, Utah law considers that person to have died “intestate.” This means that the distribution of the person’s property will be determined by statutes enacted by the state legislature, rather than according to what the person may have desired.…

Two important considerations in deciding where to keep or store your Utah last will and testament are: first, you want your will to be easy to find and access after you die; and second, you want your will to be safe from damage or loss while you are alive. There is no “right” answer on…

What law determines if a last will and testament was validly executed in Utah? When a last will and testament is presented for probate in Utah, the court must first determine whether the will is valid. Key in determining whether the will is valid is the question of whether the will was lawfully executed. Utah…

A durable power of attorney in Utah is one that is made void by the principal’s disability or incapacity. It can be drafted in a way to make it immediately effective upon being signed and notarized. Or, it can be drafted in a way that makes it become effective only after the principal becomes disabled…

How can I get a copy of a death certificate or birth certificate in Utah? An official death certificate or birth certificate can be needed to proceed with various legal proceedings in Utah, including probate and adoption cases. There are a number of private companies or online services who will offer to obtain these documents…

Who can make health care decisions under Utah law without an advance health care directive? Under the Utah law governing advance health care directives, provisions have been made for circumstances in which a patient has not signed an advance health care directive and the patient is now unable to communicate his or her wishes regarding…

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…

Whether to use a quitclaim deed or a warranty deed to transfer property into a living trust in Utah depends in part on who holds the property, how it is held, and who the beneficiaries and grantors of the trust are. Under Utah law, a quitclaim deed only transfers whatever rights the grantor has to…

If you are married without any children and die without a will, Utah intestate succession laws may dictate that your entire estate will pass to your spouse. For some couples, this may be an adequate outcome. But even if this is what you want done with your property and assets, often creating even a basic…