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In-depth guides covering Utah probate laws, trust requirements, and estate planning strategies.
Utah revocable living trust: avoid probate, name beneficiaries, set distribution rules, appoint a successor trustee. State-specific execution.
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Yes. Assets held in a revocable living trust bypass Utah probate entirely — no court supervision, no public record, no statutory fees.Utah Code Title 75B, Ch. 2 (eff. 5/7/2025; formerly § 75-7-101 et seq.)Verified May 27, 2026 Full probate in Utah typically takes 6-12 months. Use the Utah probate cost calculator to see what probate would cost without a trust.
Utah accepts a certificate of trust in lieu of the full trust instrument.Utah Code § 75B-2-1013Verified Jun 1, 2026 The certificate confirms the trust exists, identifies the trustee, and states the trustee's powers — without disclosing beneficiaries or distribution terms. Third parties who rely on the certificate in good faith are protected by statute.Utah Code § 75B-2-1013(6)Verified Jun 1, 2026
Many families with a trust also use a pour-over will — one way to direct assets not transferred into the trust during your lifetime. Pour-over assets go through probate before reaching the trust. Create a Utah pour-over will if needed.
The successor trustee takes over and the trust becomes irrevocable. The trustee manages the 3-month creditor claim window and distributes assets according to the trust terms — all without probate court involvement.Utah Code Title 75B, Ch. 2 (eff. 5/7/2025; formerly § 75-7-101 et seq.)Verified May 27, 2026 Utah requires beneficiary notification within 60 days of death. Use the Trust EIN application tool to get the tax ID.
Most assets can be transferred: Utah real estate (via a Warranty Deed), bank accounts, investment accounts, vehicles, and personal property.Utah Code Title 75B, Ch. 2 (eff. 5/7/2025; formerly § 75-7-101 et seq.)Verified May 27, 2026 Retirement accounts (401k, IRA) use beneficiary designations rather than being retitled. Life insurance policies can name the trust as beneficiary. The key is funding — only assets actually transferred into the trust bypass probate.
It depends on your estate size and goals. Utah allows simplified probate for estates under $100,000,Utah Code § 75-1-110 (CPI cost-of-living adjustments), § 75-3-718 (compensation), § 75-3-1201 (small estate affidavit; amended 2025 Ch.123 eff. 5/7/2025), § 75-3-1203 (summary admin formula), § 75-3-801 (notice to creditors / 3-month claim bar), § 75-3-603 (bond), § 75-3-301 (informal probate), § 75-3-501 (unsupervised admin), § 75-3-705 (inventory), § 75-2-402 (homestead allowance — 2026 CPI: $33,700; base $22,500), § 75-2-403 (exempt property — 2026 CPI: $22,500; base $15,000), § 75-2-404 (family allowance — reasonable amount), § 75-2-405 (PR family-allowance determination cap — 2026 CPI: $40,500 lump-sum / $2,250 per month; base $27,000 / $2,250), § 78A-2-301(1)(a)+(1)(r) (filing + accounting fees); le.utah.gov; utcourts.gov/en/about/miscellaneous/legal-community/price.html (Estate CPI table); utcourts.gov/en/self-help/categories/probate; utcourts.gov Filing/Record Fees (eff. 7/1/2023); re-verified 2026-05-27 against le.utah.gov and utcourts.gov primary sourcesVerified May 27, 2026 so smaller estates may not need a trust for cost savings alone. Use the Utah trust vs. will comparison to see which fits your situation.
Utah offers transfer-on-death deeds for real estate,Utah Code 75-6-401 to 75-6-419Verified May 27, 2026 which transfer property at death without probate. A TOD deed is simpler for a single property, but a trust covers all asset types, provides incapacity protection, and keeps distributions private. Check eligibility with the TOD deed checker.
Yes. Utah supports remote online notarization (RON) for trust documents.Utah Code § 46-1-3.5; Utah Code § 46-1-3.6 You can sign and notarize your trust via video call with an approved RON provider — no in-person notary visit needed.
While you're alive, a revocable trust uses your Social Security number. After the grantor dies, the trust needs its own EIN from the IRS. Use the Trust EIN application to prepare the paperwork.
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