Elder law attorneys in Utah work the legal issues facing aging adults and their families: Medicaid planning for long-term care, drafting and updating durable powers of attorney and healthcare directives, guardianship and conservatorship proceedings, special needs trusts, and asset protection. Many also handle probate and estate planning; elder law is the subset focused on care planning and benefits eligibility. The Utah healthcare proxy and financial power of attorney forms cover the two instruments.

Federal law, as Utah applies it, sets a 5-year lookback period for Medicaid long-term care eligibility. An uncompensated transfer in the five years before the application (a gift, a transfer to a family member, a transfer to a trust that does not qualify) can trigger a penalty period during which Medicaid does not pay for nursing home care. It is why Medicaid planning starts years before the care is needed, and why elder law exists as its own practice area.

Estate planning attorneys in Utah average $389Clio Compare Lawyer Rates, Utah: Wills and Estates rate (2025 data)Verified Oct 15, 2026View source an hour for wills and estates work. A flat-fee package runs $1,167Estimate: 3 hours at $389, Clio's Utah Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,334Estimate: 6 hours at $389, Clio's Utah Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for a simple individual will and $3,580Estimate: 10 hours at $358, Clio's Utah Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,370Estimate: 15 hours at $358, Clio's Utah Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for a basic revocable trust. An online service prices the same documents in the tens to low hundreds of dollars; the Utah will cost calculator sets the two side by side.

In Utah, estates valued at $100,000Utah Code § 75-3-1201Verified Sep 8, 2026View source or less skip probate with the Small Estate AffidavitUtah Code § 75-3-1201Verified Sep 8, 2026View source, 30 daysUtah Code § 75-3-1201Verified Sep 8, 2026View source after death. That route is a form rather than a court case, and most families handle it without an attorney. Above the line, formal probate generally benefits from counsel for the procedural work, even when nothing is contested. The Utah probate calculator estimates the cost by estate value.

In Utah, the situations where counsel is typically worth the cost are: a blended family with children from a prior relationship; a business, rental property or significant investment assets; a dependent with special needs, who needs a special-needs trust to keep benefits; substantial property in more than one state. Where none of these apply, an online or self-help document is often enough.

Forms for Planning and Settling an Estate in Utah

Free Utah forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.

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Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

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Healthcare Power of Attorney

Utah requires 1Utah Code § 75A-9-110 (formerly § 75A-3-303)Verified Oct 15, 2026View source witness for a healthcare power of attorney; notarization is not requiredUtah Code § 75A-9-110 (formerly § 75A-3-303)Verified Oct 15, 2026View source.

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Financial Power of Attorney

Utah treats a power of attorney as durable by defaultUtah Code § 75A-2-105Verified Sep 20, 2026View source, and it is signed before a notaryUtah Code § 75A-2-105Verified Sep 20, 2026View source.

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Last Will and Testament

In Utah, a will is signed before 2Utah Code § 75-2-502Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyUtah Code § 75-2-502Verified Oct 19, 2026View source.

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Tools for Planning and Settling an Estate in Utah

Free calculators and checklists for planning or settling an estate in Utah: will and trust costs, probate, executor pay, and inheritance taxes.

What Does Estate Planning Actually Cost?

An attorney-prepared revocable trust in Utah runs $3,580Estimate: 10 hours at $358, Clio's Utah Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,370Estimate: 15 hours at $358, Clio's Utah Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,167Estimate: 3 hours at $389, Clio's Utah Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,334Estimate: 6 hours at $389, Clio's Utah Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.

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How Much Life Insurance Do I Need?

In Utah, four years at a public university cost about $64,120NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is near the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesNo state estate, inheritance, or gift tax. Utah's pick-up inheritance tax (Utah Code Title 59, Chapter 11, Inheritance Tax Act) produced $0 for deaths after December 31, 2004 — it was measured by the IRC § 2011 state death tax credit, which EGTRRA phased out — and the entire chapter (§§ 59-11-101 through 59-11-115) was repealed outright effective May 6, 2026 by H.B. 77, 2026 General SessionVerified Sep 15, 2026View source.

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What Are the Estate Laws in My State?

Probate on a $500,000 estate in Utah costs an estimated $27,719Utah Code § 75-3-718 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source and takes 4 months to 6 months for a simple estate, with attorney fees of typically 2.2%Utah Code § 75-3-718 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 3.5%Utah Code § 75-3-718 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate. Estates under $100,000Utah Code § 75-3-1201Verified Sep 8, 2026View source can use a small-estate procedure instead.

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Do I Need a Revocable Trust?

Probate in Utah takes 4 months to 6 months for a simple estate and charges attorney fees of typically 2.2%Utah Code § 75-3-718 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 3.5%Utah Code § 75-3-718 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.

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Are My Beneficiary Designations Protected?

Utah automatically revokes an ex-spouse as beneficiary at divorceUtah Code § 75-2-804Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.

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