What a Will Does for Your Family
A will — formally called a Last Will and Testament — is a legal document that directs where your property goes after you die and who will care for your minor children if you are no longer able to. Without one, Utah's intestacy laws decide those questions for you, and the outcome may not reflect your wishes.
At Maxfield Law, I draft wills that are legally precise and written to hold up. Every will I prepare addresses:
- Asset distribution — who receives your property, personal belongings, and financial accounts
- Guardian designation — who will raise your minor children if something happens to you
- Executor appointment — who manages your estate through the probate process
- Pour-over provision — directing any assets outside your living trust into it at death, so nothing is left behind
Important: If you have children under 18, a will is the only document that lets you name their guardian. A trust cannot do this. This alone makes a will essential for every parent.
Types of Wills Recognized in Utah
Utah law recognizes several forms of wills, though not all of them provide the same level of protection:
- Attested will — a typed will signed by the testator and witnessed according to Utah's formal requirements. This is the standard, attorney-drafted will and the most reliable form.
- Pour-over will — a will designed specifically to work alongside a revocable living trust. Rather than distributing assets directly, it directs any property not already titled in the trust to "pour over" into it at death.
- Holographic will — a handwritten will that Utah law will recognize under certain conditions. While legally valid in limited circumstances, holographic wills are far more prone to ambiguity, contests, and unintended results than an attorney-drafted document.
What Happens Without a Will in Utah
If you die without a will, you have died "intestate," and Utah's intestacy statutes — not your personal wishes — determine who inherits your property and in what shares. The law applies a fixed formula based on your surviving spouse, children, and other relatives. It does not account for blended family relationships, a estranged family member you would have excluded, or a friend or caregiver you would have wanted to include.
Just as importantly, intestacy law has no mechanism for naming a guardian for your minor children. That decision is left to a court, which may not appoint the person you would have chosen.
A will — even a simple one — replaces this default outcome with your own decisions.
Wills vs. Trusts: How They Work Together
A will is not a substitute for a revocable living trust, and a trust is not a substitute for a will. They are complementary documents, and most Utah families benefit from having both. Here's how they compare:
| Feature | Will | Revocable Living Trust |
|---|---|---|
| Goes through probate? | Yes | No — assets pass directly |
| Names guardian for children? | Yes | No |
| Effective when? | At death only | During life and at death |
| Protects if incapacitated? | No | Yes — successor trustee steps in |
| Becomes public record? | Yes (probate) | No — remains private |
| Can be changed? | Yes, by codicil or new will | Yes, while you are living |
Not sure whether you need a will, a trust, or both? See how a revocable living trust works and why most Utah families pair it with a pour-over will.
The Four Core Estate Planning Documents
A complete estate plan is built on four documents working together. Your will handles your property at death — but three additional documents complete the picture:
- Last Will and Testament — transfers property at death; names guardian for minor children
- Revocable Living Trust — holds and manages property during life; distributes it at death without probate
- Durable Power of Attorney — authorizes a trusted person to handle your finances and legal matters if you are unable to
- Advance Health Care Directive — designates someone to make medical decisions on your behalf and records your end-of-life wishes
I prepare all four documents together as a coordinated plan, not as isolated pieces of paper. Each document is designed to work with the others so there are no gaps in your protection.
When You Should Update Your Will
An estate plan is not a one-time event. Life changes, and your will should reflect those changes. You should review your documents after any of the following:
- Marriage or divorce
- The birth or adoption of a child or grandchild
- The death of a beneficiary, executor, or guardian named in your will
- A significant change in your assets — buying or selling a home, inheritance, business changes
- Moving to a different state
- A change in tax law affecting estates
As a general rule, I recommend reviewing your estate plan every three to five years even when no major life event has occurred. Small updates are usually straightforward and far less costly than addressing problems after the fact.
Frequently Asked Questions
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A will directs where your property goes after you die and must be processed through probate court. A revocable living trust holds your property during your lifetime and transfers it to your heirs without probate. Most Utah families benefit from having both — the trust handles the bulk of your assets and avoids probate, while the will names a guardian for minor children and captures anything not already in the trust.
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Usually, yes. If your trust is a standard revocable living trust, you typically need a pour-over will to capture any property not transferred into the trust and to name a guardian for minor children — something a trust cannot do. Some trusts are designed to stand alone, however, such as certain asset protection trusts, tax planning trusts, Medicaid planning trusts, and special needs trusts established by multiple family members. Whether you need a will alongside your trust depends on the purpose your trust serves.
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Utah's intestacy laws decide who inherits your property and in what shares using a fixed formula based on your surviving spouse, children, and other relatives. The state does not consider your personal wishes or blended family relationships, and it has no mechanism for naming a guardian for your minor children — that decision is left to a court.
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Utah does recognize handwritten (holographic) wills and online form-based wills. However, a poorly drafted will can create ambiguity, litigation among family members, and outcomes you never intended. An attorney-drafted will is tailored to your specific situation, coordinates with your trust, and is built to hold up — making it a sound investment for the protection it provides your family.
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Review your will after any major life change: marriage, divorce, a new child, the death of someone named in your documents, a significant shift in assets, or a move to another state. Even without a major event, a review every three to five years is a good habit. Keeping your documents current is far less costly than correcting problems after the fact.