To be considered valid, a Utah will should be witnessed by two people who witness both the testator executing (signing) the will as well as witnessing the other witness. A person who does not witness the actual signing of the will if the testator acknowledges to the witness that the signature on the will is in fact his or her own signature. If all signatures are also witnessed by a notary and properly notarized, the will may be considered a self-proving will. (The notary does not count as one of the witnesses.)
An exception to the witness requirement is made under the Utah probate code for holographic wills. Under the Utah probate code (Utah Code Ann. 75-2-502), a holographic will can be considered valid without witnesses so long as all material portions of the document, including the testator’s signature, are in the testator’s own handwriting. However, an holographic will cannot be considered self-proving in Utah probate proceedings.
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