Should You Get a Trust or a Will in Utah?
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.
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. The trust also distributes assets faster than the 4 months to 6 months probate timeline a simple estate takes.
Probate in Utah runs about $27,719Utah Code § 75-3-718 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source on a $500,000 estate in combined attorney, executor, and court fees. A revocable trust has a one-time setup cost and no probate fees. See a detailed breakdown with the Utah probate calculator.
No. A will must go through probate in Utah. A small estate may qualify for a simplified route: 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. The Small Estate Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court.
Simple estates in Utah typically take 4 months to 6 months through probate; average estates 6 months to 12 months, and contested estates longer. A funded revocable trust avoids probate entirely; distributions follow the trustee's administration rather than a court timeline.
Yes. A will becomes a public court record once it enters probate in Utah: the will, the inventory, the beneficiaries and the distributions. A revocable trust is a private document that does not go through probate, so the terms, beneficiaries, and asset details remain confidential.
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New Home
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Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
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New Baby or Adoption
Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.
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Serious Diagnosis
A serious diagnosis changes priorities. Healthcare proxies, financial powers of attorney, and the documents that ensure your wishes are honored.
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.
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.
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.
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Find witness, notary, and remote signing requirements for all 50 states.
Will My Estate Documents Transfer?
Check if estate planning documents signed in one state are valid in another.
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.
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.
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Utah Estate Planning Resources
In-depth guides covering Utah probate laws, trust requirements, and estate planning strategies.