Utah Estate Planning Checklist: The Documents Every Adult Should Have, Even With Little Money
General information, not legal advice. Read the full disclaimer.
Short answer: Most adults need five things: (1) a will (or a living trust) naming who gets your property and who should manage your estate, (2) beneficiary designations on retirement accounts, life insurance and bank accounts, (3) a financial power of attorney, (4) an advance health care directive, and (5) a way to pass your home — often a transfer on death deed. You don't need to be wealthy: the documents decide who handles your affairs if you can't, and who gets what — and whether your family must go through a probate case. Utah has tools designed for modest estates, including a $100,000 small estate affidavit for personal property and a recorded TOD deed for real estate.
Who this guide is for
Utah adults, especially people with limited money, who want a practical list of what to do and where to find free or low-cost help.
The checklist
- Will — names beneficiaries, a personal representative, and a guardian for minor children. See Utah Will Requirements. If you die without one, the law decides. See Utah Intestate Succession.
- Beneficiary designations — on bank accounts (payable-on-death), retirement accounts and life insurance. These usually override your will, so keep them current.
- Transfer on death deed for your home — a recorded deed that passes real estate without probate while you keep control. See Utah Transfer on Death Deeds.
- Financial power of attorney — someone to pay bills and manage money if you can't. See Powers of Attorney in Utah.
- Advance health care directive — your health care agent and wishes. Utah's rules changed on January 1, 2026. See Utah Advance Health Care Directive.
- Guardianship planning for children or an adult dependent — name guardians for minors in your will; consider a special needs plan with a lawyer. See Guardianship of a Minor in Utah and Utah Adult Guardianship and Conservatorship.
- Digital assets — a list of accounts and who may access them. See Digital Assets and Your Utah Estate Plan.
- A living trust, if it fits — useful for some families, but not necessary for many. See How to Create a Living Trust in Utah and Wills vs. Trusts in Utah.
- A "where everything is" document — accounts, passwords hints, insurance, debts, contacts, funeral wishes.
If you have very little
- Use a small estate affidavit for personal property up to $100,000 — no court case. See Small Estate Affidavit in Utah.
- Name beneficiaries on every account that allows it.
- Record a TOD deed if you own a home. You can use the state's optional form, and the statute recommends considering a lawyer.
- Consider a simple, signed will that meets Utah's formalities.
- Keep copies where a trusted person can find them.
Special situations
- Second marriage or children from a prior relationship: a spouse has elective-share rights. See Can You Disinherit a Spouse in Utah?.
- Divorce or separation: update every document and designation. See Utah Divorce and Retirement Accounts.
- Debts: estates pay valid debts first. See Creditor Claims Against a Utah Estate.
- Estate tax: Utah has none; see Does Utah Have an Estate Tax?.
- Public benefits: a gift or an inheritance can affect eligibility for means-tested benefits; see Utah Medicaid.
Updating your plan
Review after a marriage, divorce, birth, death, move, major purchase or health change. A later will that makes a complete disposition replaces an earlier will. See How to Change or Revoke a Will in Utah.
Getting help if money is tight
See How to Find Free or Low-Cost Legal Help in Utah.
Frequently asked questions
Do I need a lawyer to make a will in Utah?
No, but the will must meet Utah's requirements, and a lawyer helps with complicated situations.
Does everyone need a trust?
No. Many people get what they need from beneficiary designations, a TOD deed, a will and powers of attorney.
What happens to my house if I don't plan?
It passes under intestacy and usually needs probate.
Which documents expire?
Documents don't usually expire, but laws change; for example, Utah's health care directive law was replaced effective January 1, 2026.