Do I Need a Trust in Utah?
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.
It depends on your estate size. 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. Above that line, probate takes 4 months to 6 months and costs about $27,719Utah Code § 75-3-718 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source on a $500,000 estate. A funded revocable trust avoids probate entirely.
Probate in Utah 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, plus executor fees and court costs: about $27,719Utah Code § 75-3-718 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source on a $500,000 estate all in. A trust avoids probate costs entirely. See a detailed breakdown with the Utah probate calculator.
Utah allows estates valued at $100,000Utah Code § 75-3-1201Verified Sep 8, 2026View source or less to use the Small Estate AffidavitUtah Code § 75-3-1201Verified Sep 8, 2026View source, which avoids full probate administration. The Small Estate Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. The waiting period is 30 daysUtah Code § 75-3-1201Verified Sep 8, 2026View source after death. This route is faster and less expensive than full probate, but a trust avoids it entirely.
Simple estates in Utah typically take 4 months to 6 months through probate; average estates 6 months to 12 months, and estates with disputes or multiple properties longer. A funded revocable trust avoids probate entirely; distributions follow the trustee's administration rather than a court timeline.
A properly funded revocable trust in Utah avoids probate court proceedings, public disclosure of assets and beneficiaries, court-supervised distribution, and the 4 months to 6 months probate timeline. Assets in the trust transfer directly to beneficiaries. Compare the trade-offs with the Utah trust vs. will comparison.
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Learn moreForms for Planning Your Estate in Utah
Free forms for planning your estate in Utah: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Pour-Over Will
In Utah, a pour-over will is signed before 2Utah Code § 75-2-502Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
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.
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.
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.
Transfer on Death Deed
In Utah, a transfer on death deed is signed before a notaryUtah Code 75-6-401 to 75-6-419Verified Oct 19, 2026View source, then recorded with the county before the owner's deathUtah Code 75-6-401 to 75-6-419Verified Oct 19, 2026View source.
Living Will
In Utah, the living will is the Advance Health Care DirectiveUtah Code Title 75A, Ch. 9 (Uniform Health Care Decisions Act), §§ 75A-9-101 to 75A-9-129 (S.B. 134, 2025 General Session, effective January 1, 2026)Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
Tools for Planning Your Estate in Utah
Free tools for planning your estate in Utah: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living 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 for an individual, against $0 to $549 up front plus a subscription with an online service.
How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
Trust or Will: Which Costs Less?
In Utah, a will-based plan pays probate 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; a funded revocable trust keeps those assets out of probate and off that fee.
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.
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.
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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Utah Estate Planning Resources
In-depth guides covering Utah probate laws, trust requirements, and estate planning strategies.