In Utah you have options when it comes to wills. You don’t have to sign a will to pass on your property. One option is to do nothing at all. In a few circumstances, this will still work out just fine. Don’t assume this is going to work for you without first chatting with an Estate Planning Attorney. A 30 minute discussion can flesh out the issues likely to come up for your heirs and make it easy to determine whether you need a will.
If you don’t write a will, the Utah State Legislature has already written one for you. Each set of circumstances is different, so talk to an attorney. But in most cases, here’s what will happen under current state law as of May 2024:
If you leave a surviving spouse, and that surviving spouse is also a biological parent of all of your children, then your surviving spouse will inherit everything. Keep in mind that sometimes couples live together long enough that after death, a surviving partner can go to court and get a ruling that you lived as if you were married and the judge may officially label you as married after your death! If they do this, then your surviving partner could suddenly inherit everything you own after your death, in spite of your plans to do otherwise.
If you have not left a spouse behind, your children will inherit your estate in equal shares. If one of your children died before you did, their share will be passed to their living children in equal shares. This pattern continues if one of them has died and left children behind.
What if you want some portion of your estate to go to someone who is not your surviving spouse or child? Unfortunately, if you do not write a will, these other individuals cannot inherit. On rare occasions, you might owe them money when you die, in which case they can bring a claim against your estate for payment, which is different from an inheritance.
What if you decide that you do need a will, but you can’t afford to pay an attorney to prepare one? Keep in mind there are a variety of circumstances that can affect the cost of a will and associated documents. You may be surprised what you can afford. It is always a good idea to have a consultation with an attorney. Some will do their first consultation for free.
In Utah, state law allows you to make your own will for free if you choose to. This is often referred to as a “Holographic will”. Holographic wills don’t require witnesses. To make one, you simply write out all of your wishes by hand and sign the will. The handwriting is critical. If you type and print your will, it won’t count as a Holographic will. Finally, I encourage you to add the date to the will. Adding a date will give the will priority over past wills, and allow any future wills to have priority over the holographic will.
Why Use a Holographic Will?
The main purpose of a will is to cause something to happen after you pass away. The more a person matters to you, the more you will want to prepare to make sure that person receives your gift. If you are not greatly concerned whether your wishes expressed in a will happen, a holographic will may be enough. If you have strong wishes, but no opportunity to retain an attorney, a holographic will may be your only option.
In spite of being legal, holographic wills have many limitations. If there is a dispute over property, and one of the parties claims your holographic will is a fake, there may be no witnesses that this will was written by you. The court would be forced to find examples of your handwriting, which may not exist if you normally use texts or email to communicate.
Why Use an Attorney Prepared will?
Signing a will is only the last step of the process of determining your needs. You will learn a great deal when meeting with your attorney to discuss your heirs, your property and your wishes. Attorneys will know what is necessary to accomplish your specific wishes in a properly prepared will. The attorney will be sure to get unbiased witnesses, which is a requirement for wills that are not in your own handwriting. Those witnesses and the attorney will be able to testify that you signed a will. The attorney will normally keep a copy of your will in case the original is damaged or lost. Experienced Estate Planning Attorneys can tell you what unique issues may come up before and after death. They can warn you of things you haven’t considered to help you effectively accomplish your goals.
With over 17 years of experience in Estate Planning, I can help you overcome any barriers to having all of your wishes carried out. Give us a call today! What you don’t know definitely can hurt your estate plans.
— This article will discuss general principles of law. Please do not take action based on this article alone. Only an attorney can discuss your specific situation with you and then help you determine your best course of action. —
