Does a revocable trust avoid probate in Utah?

Yes. Assets held in a revocable living trust bypass Utah probate entirely (Utah Code Title 75B, Ch. 2 (eff. 5/7/2025; formerly § 75-7-101 et seq.)) — no court supervision, no public record, no statutory fees. Full probate in Utah typically takes 6-12 months. Only assets titled in your individual name at death go through probate.

Is a trust worth it in Utah?

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 sources), so smaller estates may not need a trust for cost savings alone. A trust adds value when: you own real estate, you want privacy (probate is public), you need incapacity planning, or you own property in multiple states. A will alone means probate court handles everything.

Can I sign my trust online in Utah?

Yes. Utah requires neither a notary nor witnesses for a revocable trust, and the instrument may be signed electronically (Utah Code Title 75B, Ch. 2 (eff. 5/7/2025; formerly § 75-7-101 et seq.)). Nothing in the signing has to happen in person under Utah law.

Does my Utah trust need an EIN?

While you're alive, a revocable trust uses your Social Security number. After the grantor dies, the trust becomes irrevocable and needs its own EIN from the IRS. The successor trustee applies for the EIN before opening trust bank accounts or filing trust tax returns.

Utah Revocable Living Trust

Utah revocable living trust: avoid probate, name beneficiaries, set distribution rules, appoint a successor trustee. State-specific execution.

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Frequently Asked Questions About Utah Revocable Living Trusts

Yes. Assets held in a revocable living trust bypass Utah probate entirely — no court supervision, no public record, no statutory fees. 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. 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.

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, then distributes assets according to the trust terms without probate court involvement. The successor trustee can publish Utah's optional creditor notice to shorten the claim window to 3 months; without it, the settlor's creditors have up to 12 months to bring a claim. 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. 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, 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, 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 requires neither a notary nor witnesses for a revocable trust, and the instrument may be signed electronically. Nothing in the signing has to happen in person under Utah law. See all Utah signing requirements.

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.

Avoiding Probate in Utah

Whether a revocable trust makes sense for Utah residents depends on estate size, asset types, and goals. Full probate in Utah typically takes 6 months to 12 months and creates a public record. A trust bypasses this entirely — assets transfer privately to beneficiaries without court involvement.

Estates under $100,000 in Utah may qualify for simplified probate — so smaller estates don't always need a trust. A trust adds value for larger estates, for incapacity planning, and when you want to keep asset details out of public court records.

After the grantor dies, the trust becomes irrevocable and the successor trustee distributes assets according to the trust terms — without court involvement. The successor trustee can publish Utah's optional creditor notice to shorten the claim window to 3 months; without it, the settlor's creditors have up to 12 months to bring a claim. Utah accepts a certificate of trust in lieu of the full instrument, so the trustee can act without disclosing beneficiaries or distribution terms. Utah real estate is transferred into the trust using a Warranty Deed.

Many families pair a trust with a pour-over will — one way to direct unfunded assets into the trust at death.

SimplyTrust Editorial·Updated July 15, 2026

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Data sourced from Utah statutes and official state code. How we research.

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In-depth guides covering Utah probate laws, trust requirements, and estate planning strategies.

Frequently Asked Questions About Utah Revocable Living Trusts

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.

Avoiding Probate in Utah

Many families pair a trust with a pour-over will — one way to direct unfunded assets into the trust at death.