Utah living trusts & estate documents

Living trust law in Utah

A revocable living trust holds your home, accounts, and other property during your life, you stay in full control as trustee and can change or revoke it any time, then passes it to your beneficiaries without probate when you're gone. In Utah, trusts are governed by the Utah Uniform Trust Code, Utah Code Title 75B, Chapter 2 (recodified from Title 75, Chapter 7 by SB100, 2025).

Avoiding probate in Utah

Probate in Utah is governed by the Utah Uniform Probate Code, Title 75 and handled by the District Court. Utah (UPC) allows informal, unsupervised administration.

Collection by affidavit for personal property estates of $100,000 or less. That simplified procedure is set out in Utah Code §75-3-1201. Assets held in a funded living trust pass to your beneficiaries without probate, whatever the size of the estate. Many Utah homeowners set one up for that reason. Utah also authorizes a transfer-on-death deed (Utah Code § 75-6-401 et seq.) to pass real estate outside probate. A living trust does the same for every asset, not just real estate.

In Utah, creditors generally have the earlier of 1 year after death or 3 months after the first published notice to file claims against the estate (Utah Code § 75-3-803), one reason court probate takes time that a funded trust avoids.

Estate and inheritance tax in Utah

Utah has no estate or inheritance tax. The separate federal estate tax reaches only estates above $15 million per person (2026, adjusted yearly), so most families never owe it.

Protecting a surviving spouse in Utah

A surviving spouse in Utah who is left out of the will can instead claim an elective share of one-third of the augmented estate (at least $75,000) under Utah Code § 75-2-202, a protection the will itself cannot override.

Utah also sets aside a homestead allowance of $22,500 for the surviving spouse, or if there is none the decedent's minor and dependent children (Utah Code § 75-2-402).

Signing your Utah documents

1. Sign the living trust. Executed and acknowledged before a notary.
2. Sign the will. Two witnesses; notarized self-proving affidavit included (standalone and pour-over wills).
3. Sign the power of attorney. Sign your Durable Power of Attorney before a Notary Public.
4. Sign the health care documents. Sign your Advance Health Care Directive in the presence of one adult witness, as the form provides.
5. Follow your package instructions. Your package includes page-by-page signing instructions written for Utah. Follow those as the authoritative guide.

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