Simple Wills

Morgan and Morgan Attorneys at Law
Wills & Trusts

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Utah Simple Wills

Utah Estate Planning & Assistance With Simple Wills 


Every Utah Resident Should Have A Simple Will

Every Utah resident should at least have a simple will. A will is a set of instructions to the probate court judge on how to handle a deceased person’s estate. When a person dies in Utah, their estate is typically handled in probate court (to see how to avoid probate court altogether see our page on living trusts).

A petition is filed and the local Utah court issues orders allowing a personal representative to access bank accounts, sell property and pay off creditors. Without a will the court has to decide on its own who should administer the estate. This can lead to unnecessary conflict.

Furthermore, without a will the court simply applies Utah’s default inheritance laws with little room to consider anything other than blood relationship to the decedent.  Therefore, a will should at the very least contain the following:

1. A person named as the personal representative. This person is responsible for handling the estate following the death of the testator (the person making the will).

2. Instructions on who is to receive the residue of the estate. The residue of the estate is what is left over after creditors and costs of administration have been paid. The people listed here are what most people consider “heirs.”

3. A designation of guardian for minors. We cannot emphasize enough that young families need wills more than more mature families with no kids at home because a young couple choosing who is to care for their minor children in the event of an unexpected tragedy is far more important than an older person choosing who gets a prized nativity set.

4. Any specific distributions. Specific distributions are those gifts going to specific people. Those getting specific gifts actually get their distributions before the heirs split the residue.

Finally, a will should be updated regularly in order to reflect changed circumstances.

Learn More About Utah Simple Wills Today: 801-441-2881. 


                                                                                                                                                                                                                                                                     

 

 

 


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