Simple Wills

Morgan & Associates Attorneys at Law
Free Case Review

Let us review your Will or Trust.

Speak To An Attorney Now: 801-874-5644

In-Home Visit

We'll come to you. We offer free in-home meetings.

Speak To An Attorney Now: 801-874-5644

Probate

Call for help with the estate of a loved one who has recently passed away

Speak To An Attorney Now: 801-874-5644

Click Here To Learn More

Medicaid & More

Call us for help protecting your loved ones with special needs

Speak To An Attorney Now: 801-874-5644

Click Here To Learn More

 

 

Utah Simple Wills

Utah Estate Planning & Assistance With Simple Wills 


What is a Utah 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 from among those who are interested in serving, who is to fill the position. 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.

When is Probate Court Triggered in Utah?

Probate is the process of dividing up an estate and distributing those assets to the correct beneficiaries. If the estate in question meets the definition of a Utah Small Estate, a petition to the court is unnecessary. To be considered a small estate there must be:

  1. Four vehicles or less
  2. Valued less than $100,000
  3. May not include any real estate

If an estate does not meet these requirements, the matter must be adjudicated by a court.

What if Someone Dies Without a Will?

When there is no will the judge applies the default Utah Probate Law to the deceased individual’s estate. Contrary to popular belief, this does not mean the state government is going to take the estate. The default laws generally give a deceased person’s property to their heirs at law. While this seems straightforward, the law can apply very differently across families so it is important to understand exactly how you could be affected. Every Utah resident should have a will in place. While there is a system to designate who gets property when someone dies, having the decision made by the owner of the property is much better than leaving it up to the court.

Learn More About Utah Simple Wills & Estate Planning Today: 801-874-5644. 


                                                                                                                                                                                                                                                                     

 

 

 


Veterans Benefit Planning Utah Law Firm Morgan & Associates
Sami Draper
Sami Draper
04:17 18 Mar 19
Answers the phone on the weekend and is so willing to help you on their days off. Extremely helpful and friendly.read more
lynn lindstrom
lynn lindstrom
22:45 15 Mar 19
They were kind and helpful explaining every thing helped me with other things I needed done would use them again no problem excellentread more
Charlotte Stock
Charlotte Stock
17:23 01 Feb 19
Christopher Morgan listens closely and is very knowledgeable about Utah law concerning estate planning, health care directives, and wills. I was amazed at his ability to give me the help and advice I needed to be completely satisfied and at peace with every document he made for me. He certainly has my vote of confidence. I highly recommend him to everyone. Charlotte Stockread more
Janelle Wakley
Janelle Wakley
22:23 25 Jan 19
Chris was very helpful when my husband and I had questions about our Medicaid application. He is friendly and professional.read more
Wolfiere Labs
Wolfiere Labs
20:38 25 Jan 19
JoAnna Hall
JoAnna Hall
17:14 21 Dec 18
If you're looking to get your estate planning, trust in order, Chris is the guy!! He is so thorough and explained everything in terms we understand and knows what he is doing! Very pleasant experience and we HIGHLY recommend him! Thanks Chris!read more
Joe Clements
Joe Clements
19:25 05 Dec 18
We needed help with making a Will and Trust. Chris got us in quickly and produced our documents at a super affordable cost! Highly recommend!!read more
Ben Tyler
Ben Tyler
05:57 02 Nov 18
My wife and I hired Chris Morgan to help us with our Estate Planning documents and could not have been more pleased! Chris was responsive to our every need, flexible in his scheduling, patient and clear in educating, sensitive to our interests, and produced a product which far exceeded expectations. But this really didn't surprise me, considering the raving reviews he's received from his clients. With binder of completed documents in hand, my head will rest more comfortably on my pillow tonight. Thank you, Chris, for making our most important priorities your own. We look forward to receiving our first Christmas card :).read more
Bonnie Hill
Bonnie Hill
21:32 31 Jul 18
Chris was really great to work with! On our first meeting he was very knowledgeable and funny and easy to talk to! He explained things and addressed all our concerns and questions. He made things fun and eased any tensions. He seems honest and fair. The best part is that he was willing to come to our home for the meeting. He was easy to work with schedule wise as well. I would definitely recommend Chrisread more

Need A Consultation

Confidential & Free Service 


Your Name (required)

Your Email (required)

Your Phone (required)

About Your Case