Will My Estate Planning Documents Be Recognized in Utah?
Check if estate planning documents from other states are recognized in Utah. Covers wills, trusts, healthcare proxies, and powers of attorney.
Yes. Utah has adopted the Uniform Probate Code, which validates a will under any of three tests: it complied with the law of the place of execution, the law of the testator's domicile when signed, or the law of the testator's domicile at death (UPC § 2-506). The practical wrinkle is the self-proving affidavit: without one, the witnesses may need to testify when the will enters probate. The Utah document portability tool carries the recognition rule by document type.
Yes. Utah has an explicit reciprocity statuteUtah Code § 75A-9-115 (formerly § 75A-3-309)Verified Oct 15, 2026View source: a healthcare directive executed in another state is honored in Utah if it was valid where signed. Utah enacted the Uniform Health Care Decisions Act as Title 75A, chapter 9, effective January 1, 2026. A directive from another state is valid if it complies with the law of the state it names, or of the state where it was created when it names none, or with Utah's chapter (§ 75A-9-115(1)); an electronic directive and electronic signatures are honored (§ 75A-9-115(3)-(5)). The Utah document portability tool carries the recognition rule by document type.
Yes. Utah recognizes an out-of-state power of attorney under its Uniform Power of Attorney Act validity provisionUtah Code §§ 75A-2-106, 75A-2-107Verified Sep 20, 2026View source: a foreign POA is valid in Utah if it was valid under the law of the place of execution. A power of attorney executed outside Utah is valid in Utah if, when it was executed, its execution complied with the law of the jurisdiction that determines its meaning and effect — the jurisdiction named in the document, or if none is named, the jurisdiction where it was signed — or with the requirements for a military power of attorney under 10 U.S.C. § 1044b (Utah Code §§ 75A-2-106(3), 75A-2-107). The Utah document portability tool carries the recognition rule by document type.
Yes, with one caveat. A trust is a private agreement governed by its own choice-of-law clause, not by any state's filing system, so a trust validly executed in another state has the same force in Utah for cash, accounts and personal property. The caveat is real estate: Utah property is deeded into the trust through a Utah deed before the trust controls it. The Utah document portability tool carries the recognition rule by document type.
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Moving to a New State
State laws vary significantly for wills, trusts, and powers of attorney. What to review after relocating to make sure your estate plan still works.
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New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
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.
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.
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.
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 Do I Sign Estate Documents?
Find witness, notary, and remote signing requirements for all 50 states.
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.
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 Much Does a Will Cost?
An attorney-prepared will in Utah 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, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $27,719Utah Code § 75-3-718 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source.
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.
How Do I Name a Guardian for My Minor Children?
In Utah, a parent names a guardian for a minor child in a will or a separate signed writingUtah Code §§ 75-5-202, 75-5-202.5, 75-5-203, 75-5-204Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18Utah Code § 15-2-1Verified Sep 16, 2026View source.
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.
Do I Need a TOD Deed?
Utah authorizes transfer on death deedsUtah Code 75-6-401 to 75-6-419Verified Oct 17, 2026View source: a recorded, revocable deed that passes real property at death outside probate.
Utah Estate Planning Resources
In-depth guides covering Utah probate laws, trust requirements, and estate planning strategies.
