Is it OK if I don’t make a will in Utah?

Stephen Howard — Stone River Law

Real People. Real Solutions.

Is it OK if I don’t make a will in Utah?

As far as its effect on you personally, there are not many consequences for failing to leave a last will and testament when you die in Utah. But it can leave a big mess for people you care about.

If you meet ALL of the following conditions, there is a chance that you might be alright without establishing an estate plan.

  • you have no minor children;
  • you have no adult children;
  • you are certain you will not have any children in the future;
  • you are not married, or if married, your spouse has no children;
  • you own no real estate (house, condo, etc.);
  • you have no plans to purchase real estate in the future;
  • you will not inherit any real estate;
  • the total value of all your assets is less than $100,000;
  • there is no chance that the value of your assets will grow beyond $100,000 before your death (including market growth, gifts, unexpected inheritance, etc.);
  • you own nothing that has significant sentimental value, which you would want to choose who will receive it on your passing;
  • there are no charities, non-profits, or other worthy causes or organizations that you would want to make a charitable donation or testamentary gift to from your estate;
  • you don’t mind having a judge get involved publicly in the distribution or administration of your estate;
  • you are OK with the distribution decisions Utah’s legislature has made by enacting Utah’s intestate succession laws.

Again, if ALL of the above conditions describe your circumstances, there is a chance that failing to create an estate plan will not leave a mess for those you leave behind. If ANY of these conditions do not apply to you, then talking with a wills and trusts attorney is highly recommended. But even if ALL of these conditions apply, it is still better to be safe and talk with an estate planning attorney about how even a basic will and trust can make a real difference.

Wills & Trusts Attorneys in Davis County

We would love to talk with you about how a personal estate plan can benefit the people you care about, and how a good plan can even benefit you during your lifetime. We are pleased to provide services to clients in Salt Lake and in Davis and Weber counties. Contact us today to see how we can help you.