A will is a legal document that dictates how a person’s estate will be distributed after they die. In Utah, there are specific laws that dictate how a will must be written and what it must include. If you are thinking about creating a will, it is important to understand these laws and how they will impact your estate. In Utah, a will must be in writing and must be signed by the person making the will. It must also be signed by two witnesses, who must also be present when the will is made. The witnesses cannot be beneficiaries of the will, and they cannot be related to the person making the will. The will must include a clear statement of the person’s wishes regarding the distribution of their estate. It must also include the name and contact information of the executor of the estate. The executor is responsible for carrying out the wishes of the person who made the will. The will must be filed with the court after the person dies. This will allow the executor to legally distribute the estate according to the wishes of the deceased. If you are thinking about creating a will, it is important to speak with an attorney who can help you understand the specific laws in Utah. This will help ensure that your will is valid and that your estate is distributed according to your wishes.
Utah Last Will Facts
In the process of drafting a final will and testament, you must adhere to the established Utah specifications. In the event these state regulations are followed, you can rest assured that your will isn’t legally void in the event it is challenged. What provisos does Utah require to create a will? The first requirement is that the Utah final will and testament should be created voluntarily. In the event of a whiff of badgering in the action, the testament can be questioned and presented as invalid. Furthermore, the mental health of the testator must be certain. In the event you are highly distraught or heavily drugged, you mustn’t plan your will. Thirdly, whoever is making the final will and testament should have knowledge of the need for the exercise. It is proof that the person is purposeful in accomplishing the process. Such a declaration is generally specified at the beginning of the last will. Following are other essential details requisite when formulating a Utah will:
Types of will allowed - self-proving wills (75-2-504. Self-proved will); handwritten and holographic wills (if witnessed properly; 75-2-502. Execution — Witnessed wills — Holographic wills).
Types of will not allowed - oral wills (75-2-502. Execution — Witnessed wills — Holographic wills).
What If I Die Without a Will in Utah?
All the worth of the last will notwithstanding, the majority of people still fail to understand its significance and pass away intestate. Intestacy is when a person dies without a lawful final will. When a person dies minus a last will, their holdings are disbursed on the basis of the intestacy requisites of their particular state. A property trustee is designated by the local probate court which handles the inheritance. To put it concisely, the departed person’s holdings disbursement is formulated on their matrimonial state and their descendants.
There are cases where married individuals drop-dead minus a final will where Utah does not approve community property. Here, the living marriage partner is bequeathed the entire intestate effects. This also goes in case your relationship produced children. Supposing you got kids but the mate is deceased? Then the property goes to the kids. In the absence of kids and partners, your parents share the estate. Where the mother and father, mate, or children are not there, siblings, nephews, and nieces possess the holdings. The furthest in the order of inheritance are grandparents, uncles, aunts, and distant kindred.
In case the deceased was without a spouse, offspring, close relatives, or any acceptable inheritor, the state takes over the property.
What Should My Will Include?
After noting the highlights and requirements of Utah testaments, we now contemplate the critical features of the final will and testament. As the testator, the following details should be included in the testament:
If you already have the Utah final will template, you don’t have to state the intent. Enter your marital condition and how many offspring you have produced.
No testament is admissible unless the legatees and their shares are cited. Mention the official name of each beneficiary, and where they stay, and what they’ll inherit.
Appointment of Executor
Rest assured that you select the person who will execute your estate. This person is also called a personal representative and their responsibility is to ensure the final will and testament is enforced strictly. The custodian is a pivotal office, signifying only a sound figure should be appointed. The only stipulation is that they can’t be successors to the property.
Appointment of Guardians
It is recommended that you name a custodian in the event your father and mother are along in years, plus if you have heirs and animal companions. The mandate of the custodian would be to ensure that these parties inherit their estate. Sometimes issues arise and the original guardian cannot implement their responsibilities and a proxy is chosen.
The unique particulars and contacts of the witnesses are necessary. Ensure the official names and place of residence are included.
The will must include the date and location. You and the witnesses must sign on the date.
Among other aspects that a Utah testament and testament can include are interment directions, selected digital steward, and any testator desires. Essentially, writing an official lawful last will is a remarkable system to ensure your property is apportioned in line with your desires.