Estate Law · Utah
Utah estate planning rules
State-specific rules that affect how your estate is distributed, how probate works, and what planning steps matter most for Utah residents.
- Utah small estate affidavit handles personal property up to $100,000 without probateUtah small estate affidavit allows personal property collection up to $100,000 without probate. 30-day waiting period.
- Utah's Uniform Power of Attorney Act provides default-durable POAsUtah POAs are durable by default under the Uniform Power of Attorney Act (2014). Hot powers require express enumeration. Healthcare directive separate.
- Utah intestacy gives the spouse the entire estate when descendants are mutualUtah intestacy: spouse takes entire estate with mutual descendants; with prior-relationship descendants, spouse takes $75,000 plus half. UPC framework.
- Utah recognizes attested wills, holographic wills, and harmless-error willsUtah recognizes attested wills, holographic wills (material provisions handwritten), and harmless-error wills. Flexible UPC framework.
- Utah recognizes Domestic Asset Protection Trusts (DAPT) for self-settled spendthrift trustsUtah recognizes Domestic Asset Protection Trusts (DAPT) — self-settled spendthrift trusts with creditor protection. One of ~17 states with DAPT legislation.
How do these rules apply to you?
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Check your situationThis information is educational, not legal advice. For complex situations, consult a licensed Utah attorney.