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Utah law

Estate Planning Laws in Utah.

Utah has adopted the Uniform Probate Code (UPC). Estate administration runs through the District Court. Utah recognizes holographic wills. Utah has adopted the Utah Uniform Trust Code. Utah is not a community-property state. Utah has no state estate tax and no state inheritance tax. Utah is relatively favorable for domestic asset-protection trusts (DAPTs) under the Utah Qualified Spendthrift Trust Act (Utah Code § 25-6-501 et seq.).

Last verified: 2026-04-17

State law

Key Utah Statutes

Utah Uniform Probate CodeUtah Code § 75-1-101 et seq.

Utah has adopted the Uniform Probate Code. Provides for informal, formal, and supervised probate administration.

Execution of WillsUtah Code § 75-2-502

A will must be in writing, signed by the testator (or by another at the testator's direction in the testator's presence), and signed by at least 2 individuals within a reasonable time after witnessing the signing.

Holographic WillsUtah Code § 75-2-503

A holographic will is valid if the signature and material portions are in the testator's handwriting, even without witnesses.

Utah Uniform Trust CodeUtah Code § 75-7-101 et seq.

Comprehensive trust code governing creation, modification, termination, and administration of trusts.

Utah Qualified Spendthrift Trust Act (DAPT)Utah Code § 25-6-501 et seq.

Utah permits self-settled spendthrift trusts (asset-protection trusts). After a 2-year seasoning period, future creditors generally cannot reach trust assets.

Small Estate AffidavitUtah Code § 75-3-1201

Personal property of a decedent with aggregate value not exceeding $100,000 may be transferred by affidavit 30 days after death.

Spousal Elective ShareUtah Code § 75-2-202

A surviving spouse may elect against the will and take a percentage of the augmented estate varying by length of marriage.

Transfer on Death DeedUtah Code § 75-6-401 et seq. (Utah Uniform Real Property Transfer on Death Act)

Utah permits owners of real property to execute recorded TOD deeds. Property passes automatically at death outside of probate.

No State Estate or Inheritance TaxUtah imposes neither tax

Utah has no estate tax and no inheritance tax.

Advance Health Care DirectiveUtah Code § 75-2a-101 et seq. (Advance Health Care Directive Act)

Utah authorizes combined advance health-care directives (living will plus health-care agent designation).

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Utah.

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