Understanding the Importance of Will & Estate Planning

Most people have property they want to pass on to their family or others. This guide aims to help you understand how to pass your property in the manner you choose. This material is for educational purposes only. It is not legal advice.

Do I Need a Will?
Many people come up with various excuses to avoid making a will: “Everybody knows who’s supposed to get what.” “I wrote a list of my possessions and who gets them and put it in my dresser drawer.” “There are name tags on the bottom of all the knick-knacks and furniture.” However, these excuses can lead to confusion.

You Might Not Need a Will If:

• You own no property.
• You have no children, family, or others that you would like to benefit.
• You don’t care how your property is distributed after your death.
• You want the state to divide up your property.

You Need a Will If:

• You have minor children or other dependents.
• You care about how your property will be distributed after your death.
• You want someone other than a family member to get part of your estate.
• You don’t want the state making arbitrary decisions about your estate.

What Happens If I Don’t Have a Will?
Dying “intestate” means you don’t have a will. If you die without a will the state will appoint someone to wrap up your affairs. This person is called an Administrator, and it may not be the person you would have chosen. The state will determine where any children or dependents are placed. The state will also apply a formula to decide who gets your property. If there is no family, your property “escheats” (goes to) the state.

How Do I Create a Valid Will?
You must have legal capacity (called testamentary capacity). Basically, you must understand the nature of your property, the people to whom you are giving your property, and the consequences of your decision. To qualify as a will, it must appear to the court, looking only at the document itself, that it is intended to be the final expression of the person’s wishes as to the disposition of his or her property.

• Use the title “Will,” “Last Will,” or “Last Will and Testament.”
• Put a date on the will.
• State that the will maker has testamentary capacity.
• If there were any former wills, state that all former wills are revoked.
  Name an executor and at least one alternative.
• Name a guardian for any minor children or other dependents. Include at least one alternative.
• Distribute all tangible personal property by name, adding “if owned by me at the time of my death.”
• Distribute real property (real estate). Decide if you want to give shares of land or direct that the executor sell the property and distribute cash.
• Have your two witnesses watch you sign the document and have both immediately sign it. Your two witnesses can be named beneficiaries of the will under Utah law.

In Utah, a will is valid without witnesses if it purports to be a will, it is written in the will maker’s handwriting, and the will maker signs it. When creating a will, it’s crucial to date the document and explicitly revoke any previous wills to avoid confusion.

Creating a will ensures that your property is distributed according to your wishes and can prevent unnecessary disputes among your loved ones. Take the time to plan and create a will to secure your legacy.

When Should I Consult an Attorney?

• Capacity or Undue Influence: If there’s any question about your mental capacity or potential undue influence, it’s wise to consult an attorney.
• Large or Complicated Estates: For substantial or intricate estates, professional legal advice is essential.
• Estate Tax Reduction: If your estate exceeds $13.99 million, you’ll need strategies to reduce estate taxes, making an attorney’s guidance invaluable.

For more information, you can watch the recording of our our free webinar on Wills & Estate Planning by clicking here.


For more AARP resources:

• 10 Basic Facts About Writing a Will
• 6 Times You Should Update Your Will
• Other AARP Resources