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Compare 2026 Florida vs Utah probate costs, will execution requirements, trust laws, and what happens if you die without a plan.
Utah sets probate attorney fees by statute as a percentage of the estate, while Florida allows negotiable "reasonable" fees. Utah's $100,000 small estate threshold is much higher than 0, allowing more estates to skip formal probate. Utah recognizes handwritten (holographic) wills, offering an alternative to formal witnessed documents.
What's needed to create and execute a valid last will and testament.
Estimated probate costs including attorney fees, executor fees, and court costs.
With a valid will, you control who inherits - but it requires probate.
How easily you can create and sign your will digitally, including remote notarization options.
Florida
Accepts out-of-state remote notarization
Electronic statute: Fla. Stat. § 732.521-732.525
Electronic wills law effective July 1, 2020
Florida was a pioneer in RON adoption. Signed June 7, 2019, effective January 1, 2020.
Utah
Accepts out-of-state remote notarization
Electronic statute: Utah Code § 75-2-1401 et seq.
Electronic Wills Act allows electronic wills with remote witnessing.
Enacted Electronic Wills Act (Utah Code §§ 75-2-1401 to 75-2-1411).
How to modify your will after it's been signed and executed.
Florida
Florida authorizes electronic wills and electronic codicils. Paper wills require creating a new will or codicil with the same execution requirements.
Utah
Utah authorizes electronic wills and electronic codicils. Paper wills require creating a new will or codicil with the same execution requirements.
This comparison provides general information about state estate planning laws and estimated costs. Actual requirements and costs may vary. Consult a licensed attorney for guidance specific to your situation.
Utah offers transfer-on-death deeds for real estate, while Florida does not have this option.
Florida requires 2 witnesses when signing a trust. Most states, including Utah, do not require witnesses for trust execution.
Utah offers transfer-on-death deeds, which pass real estate to beneficiaries without probate and without a trust. Florida does not have TOD deeds, so trusts are the primary probate-avoidance tool for real property there.
Florida does not enforce no-contest clauses in trusts. Utah does enforce them, meaning beneficiaries who unsuccessfully challenge the trust can lose their inheritance.
Guides covering Florida and Utah estate planning laws.
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