Utah follows the Uniform Probate Code (UPC), which gives the state's will requirements a somewhat more flexible structure than many other states. But flexibility has limits - two witnesses, a signed document, and proper execution are still required for a standard formal will. Miss one element and the will may not survive probate.
This page covers Utah's will execution requirements under Utah Code § 75-2-502, the holographic will exception, electronic wills, whether notarization is required, and common execution mistakes.
This is not legal advice. Talk to a licensed estate planning attorney in Utah before signing or relying on any will. Estate planning laws can change and an attorney can verify that your documents meet current Utah requirements.
Utah Will Requirements at a Glance
The Two-Witness Requirement in Utah
Utah requires two witnesses to sign a will within a "reasonable time" after witnessing the testator's signing or acknowledgment of the signature (Utah Code § 75-2-502(1)(c)). The Uniform Probate Code's "reasonable time" standard is somewhat more flexible than the "in testator's presence" requirement used in some other states.
Under the UPC framework Utah follows, the witnesses do not need to be in the testator's direct presence when they sign - they just need to have witnessed the relevant act (the testator's signing or acknowledgment) and sign within a reasonable time afterward. In practice, executing the will with all parties in the same room at the same time remains the cleanest approach.
Both witnesses must sign the will. A will with only one witness does not meet Utah's formal requirements.
Who Can Witness a Will in Utah?
Utah does not impose restrictions on who can serve as a witness beyond the general competency requirement. Any adult who understands what they are signing qualifies.
A person who is also a beneficiary under the will can serve as a witness. Utah does not apply an automatic "purging" rule that voids an interested witness's bequest. However, an interested witness's testimony about the execution may carry less weight if the will is contested, so using disinterested witnesses is the safer practice.
Utah Code § 75-2-505 states that the signing of a will by an interested witness does not invalidate the will or any provision of it. The will is valid regardless of witness interest under Utah's UPC-aligned approach. This is a more permissive rule than states like Nevada, which void an interested witness's bequest unless additional disinterested witnesses also sign.
Does a Utah Will Need to Be Notarized?
No. Notarization is not required for a Utah will to be valid. A written will signed by the testator and witnessed by two people who sign within a reasonable time satisfies Utah Code § 75-2-502 without notary involvement.
Utah does allow for self-proving wills under Utah Code § 75-2-504. When the testator and both witnesses sign a sworn affidavit before a notary at the time of execution, the probate court can accept the will without requiring the witnesses to later appear or submit affidavits. This simplifies the probate process, particularly when years pass between execution and the testator's death.
As in other states, the notary does not certify the will's legal content or the testator's capacity. Notarization only authenticates the signatures on the self-proving affidavit.
Holographic Wills in Utah
Utah recognizes holographic wills under Utah Code § 75-2-502(2). Unlike some states that require the entire document to be handwritten, Utah's UPC-based approach requires only that the "material portions" of the will be in the testator's handwriting - and the will must be signed by the testator.
"Material portions" refers to the dispositive provisions of the will - what property goes to whom. Pre-printed language on a form (such as boilerplate recitals or a form header) may be ignored if the material provisions - the actual dispositions of property - are in the testator's handwriting.
Utah does not require a holographic will to be dated, though including a date helps establish which will is most recent if multiple documents exist.
No witnesses are required for a Utah holographic will. This is the same approach taken by most UPC states.
Electronic Wills in Utah
Utah is one of a small number of states that specifically recognizes electronic wills. Under Utah Code § 75-2-1001 et seq., an electronic will can be valid if it meets specific requirements regarding electronic signatures, witnesses, and notarization (electronic notarization is also recognized in Utah).
Electronic wills must meet stricter requirements than paper wills in some respects. A testamentary trust can be incorporated into an electronic will. The law governing electronic wills in Utah is relatively new and continues to evolve.
If you are considering an electronic will, consulting with a licensed estate planning attorney in Utah is especially important. The requirements and best practices for electronic wills are still developing, and an improperly executed electronic will could fail probate just as surely as an improperly witnessed paper will.
What Happens If Utah Will Requirements Are Not Met?
A will that fails Utah's execution requirements may be refused by the probate court. Without a valid will, the estate passes under Utah's intestate succession laws (Utah Code § 75-2-101 et seq.), distributing property based on statutory family relationships rather than the deceased's wishes.
Utah's UPC framework gives probate courts some flexibility. In limited circumstances, Utah law allows courts to validate a document as a will even if it does not strictly comply with formal requirements, if the proponent of the will establishes by clear and convincing evidence that the decedent intended the document to be a will. This is sometimes called the "harmless error" or "dispensing power" rule (Utah Code § 75-2-503).
The dispensing power is not a blanket safety net - it applies to specific circumstances and requires strong evidence. Formal execution remains the safest approach.
Common Utah Will Execution Mistakes
Frequent execution errors in Utah:
Only one witness. Two witnesses are required. A single-witness will does not satisfy Utah Code § 75-2-502.
Witnesses did not sign within a reasonable time. Utah's UPC approach requires witnesses to sign within a reasonable time of witnessing the act. Witnesses who sign weeks later may face challenges.
Holographic will missing the testator's signature. Even if the material provisions are in the testator's handwriting, a missing signature makes the document invalid under the holographic will exception.
Misunderstanding the "material portions" rule. Some testators assume that filling in a printed form by hand creates a valid Utah holographic will. The material portions - the actual property dispositions - must be in handwriting. If a pre-printed form carries the core dispositions, it may not qualify.
Not using self-proving procedures. Skipping the notarized affidavit is not a defect, but it can create extra work for the estate's executor when the will goes to probate.