Simple Will - Utah

LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block (with Witness Attestation)
11. Self-Proving Affidavit (Optional but Strongly Recommended)

1. DOCUMENT HEADER

1.1 Title. This instrument is the “Last Will and Testament” (the “Will”) of [TESTATOR FULL LEGAL NAME] (“Testator”).

1.2 Revocation of Prior Instruments. Testator hereby revokes all prior wills and codicils.

1.3 Effective Date & Governing Law. This Will is effective upon execution by Testator in accordance with the requirements of Utah Code Ann. § 75-2-502 and shall be governed exclusively by the substantive laws of the State of Utah (the “Governing Law”).

1.4 Jurisdiction & Venue. Utah has no separate probate court. Exclusive jurisdiction and venue for any proceeding concerning this Will shall lie in the District Court of [COUNTY], Utah (the “Court”), which holds subject-matter jurisdiction over the probate of wills and administration of estates under Utah Code Ann. § 75-1-302.

2. DEFINITIONS

“Beneficiary” means any person or entity receiving property under this Will.

“Estate” means all probate assets owned by Testator at death, wherever situated and whenever acquired.

“Fiduciary” means any Personal Representative, guardian, or trustee appointed under this Will.

“Personal Representative” means the executor, administrator, or other personal representative of Testator’s Estate.

“Residue” means the remainder of the Estate after payment of (i) debts, expenses, taxes, and (ii) all specific and general bequests under this Will.

3. OPERATIVE PROVISIONS

3.1 Family Information.
a. Spouse: [NAME OR “None”].
b. Children: [List full legal names and dates of birth]
c. Other Dependents: [NAME(S) OR “None”]

3.2 Appointment of Personal Representative.
a. Primary: [PRIMARY PERSONAL REPRESENTATIVE NAME], of [City, State].
b. Successor: [ALTERNATE PERSONAL REPRESENTATIVE NAME], of [City, State], to serve if the Primary fails to qualify or ceases to serve.
c. Bond Waiver. No Fiduciary shall be required to post bond unless the Court orders otherwise.

3.3 Specific Bequests.
[Describe specific gifts of cash, tangible personal property, or real property.
Example: “I devise my residence located at [Address] to my daughter, [Name].”]

3.4 Residue. I devise the Residue of my Estate, in equal shares, to [BENEFICIARY NAMES] who survive me by thirty (30) days. If no named Beneficiary survives me, the Residue shall pass to my heirs at law determined under Governing Law.

3.5 Guardianship of Minor Children. If at my death any minor child requires a guardian of the person or property, I nominate [GUARDIAN NAME] as primary guardian and [ALTERNATE GUARDIAN NAME] as successor, pursuant to Utah Code Ann. § 75-5-202 (parental appointment of a guardian of a minor by will).

3.6 Administrative & Distribution Powers of Personal Representative. The Personal Representative shall have, without court order, all powers granted to personal representatives under Utah Code Ann. §§ 75-3-704, 75-3-710, and 75-3-714, as amended, including but not limited to the power to:
a. Sell, lease, or encumber Estate assets;
b. Make elections with respect to taxes;
c. Retain, invest, or reinvest Estate assets;
d. Make partial distributions; and
e. Execute instruments required to effectuate the foregoing.

3.7 Survivorship Requirement. A Beneficiary must survive me by thirty (30) consecutive days to take under this Will. Property otherwise passing to a deceased Beneficiary shall pass as part of the Residue unless specifically provided.

3.8 No Contest Clause. Any Beneficiary who, without probable cause, contests this Will or any provision herein shall forfeit all gifts under this Will, and such gifts shall pass as if the contestant predeceased me, consistent with the penalty-clause-for-contest standard under Utah Code Ann. § 75-2-515 (a no-contest provision is unenforceable if probable cause exists for instituting the proceeding).

3.9 Funeral & Burial Instructions (Non-Binding). [OPTIONAL – e.g., cremation, burial, memorial service preferences.]

3.10 Digital Assets. I authorize my Personal Representative to access, manage, distribute, and terminate my digital assets and online accounts to the extent permitted under the Utah Uniform Fiduciary Access to Digital Assets Act, Utah Code Ann. § 75A-6-101 et seq.

4. REPRESENTATIONS & WARRANTIES

4.1 Capacity. Testator represents that Testator is at least eighteen (18) years of age and of sound mind.

4.2 Voluntariness. Execution of this Will is voluntary and free of undue influence.

4.3 Title. Testator warrants title only to assets lawfully belonging to Testator at death.

4.4 Witness Representations (incorporated in the Attestation Clause). Each witness shall represent that they are competent, at least eighteen (18) years old, and not a Beneficiary.

5. COVENANTS & RESTRICTIONS

5.1 Fiduciary Duties. Each Fiduciary shall faithfully perform duties in accordance with Governing Law.

5.2 Compliance Covenant. All Beneficiaries shall cooperate with the Personal Representative to facilitate probate administration, tax filings, and asset transfers.

5.3 Prohibition on Assignment. No Beneficiary may assign, anticipate, or encumber any interest under this Will prior to distribution.

6. DEFAULT & REMEDIES

6.1 Fiduciary Vacancy. If all named Personal Representatives fail to qualify or cease to serve, the Court shall appoint a qualified successor.

6.2 Removal. A Personal Representative may be removed by the Court for cause as provided in Utah Code Ann. § 75-3-611.

6.3 Remedies for Breach. Beneficiaries may petition the Court for accounting, surcharge, or injunctive relief against any Fiduciary in breach of duty.

6.4 Attorneys’ Fees. In any will-contest or fiduciary litigation, the Court may award attorneys’ fees and costs in its discretion, payable from the Estate or the party personally, consistent with Utah Code Ann. § 75-3-719.

7. RISK ALLOCATION

7.1 Indemnification of Personal Representative. The Estate shall indemnify and hold harmless the Personal Representative from and against all claims, liabilities, and expenses arising from the good-faith performance of duties, except for acts of gross negligence, willful misconduct, or bad faith.

7.2 Limitation of Liability. The liability of any Personal Representative to Beneficiaries or third parties shall be limited to the value of the Estate assets under the Personal Representative’s control.

7.3 Insurance. The Personal Representative is authorized, but not required, to procure fiduciary liability insurance payable from the Estate.

8. DISPUTE RESOLUTION

8.1 Governing Law. See Section 1.3.

8.2 Forum Selection. Exclusive forum: the Court (see Section 1.4).

8.3 Arbitration. Not applicable; statutory probate jurisdiction is mandatory.

8.4 Jury Waiver. Probate proceedings in Utah are generally conducted without a jury; however, Utah Code Ann. § 75-1-306 entitles a party who duly demands one to a jury trial in a formal testacy proceeding or in any proceeding presenting a controverted fact question as to which a party has a statutory or constitutional jury-trial right, and absent such a right or demand, the Court may in its discretion call an advisory jury only.

8.5 Injunctive Relief. The Court may issue temporary restraining orders or injunctions to preserve Estate assets, enforce the No Contest Clause, or otherwise carry out this Will.

9. GENERAL PROVISIONS

9.1 Severability. If any provision of this Will is held invalid, the remaining provisions shall remain in full force.

9.2 Headings. Section headings are for convenience only and do not affect interpretation.

9.3 Amendment. This Will may be amended only by a duly executed codicil meeting the requirements of Utah Code Ann. § 75-2-502.

9.4 Integration. This instrument constitutes the entire expression of Testator’s testamentary intent, except as amended by any later valid codicil.

9.5 Digital Copies. Conformed or photographic copies of this Will may be relied upon to the same extent as an original, subject to the Court’s authentication requirements.

10. EXECUTION BLOCK

Executed on this ___ day of __________, 20___, at [CITY], Utah.

______________________________
[TESTATOR FULL LEGAL NAME], Testator

WITNESS ATTESTATION

We, the undersigned witnesses, declare that on the date above, the Testator (i) signed or acknowledged this instrument in our presence, (ii) declared it to be Testator’s Last Will and Testament, and (iii) appeared to us to be of sound mind and under no undue influence. We sign below as witnesses in the presence of the Testator and of each other.

1. __________________________ Date: __________
   [WITNESS #1 NAME]
   Address: _____________________

2. __________________________ Date: __________
   [WITNESS #2 NAME]
   Address: _____________________

11. SELF-PROVING AFFIDAVIT

(OPTIONAL BUT RECOMMENDED)

This affidavit is executed in substantially the form authorized by Utah Code Ann. § 75-2-504 (self-proved will).

State of Utah )
County of ______ ) ss.

We, [TESTATOR FULL LEGAL NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], the Testator and the witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned officer that the Testator willingly signed and executed the instrument as Testator’s Last Will and Testament, that the Testator was of sound mind and over eighteen (18) years of age, and that each witness signed at the request of the Testator in the Testator’s presence and in the presence of each other.

______________________________
Testator

______________________________
Witness #1

______________________________
Witness #2

Subscribed, sworn to, and acknowledged before me by the Testator and the witnesses on this ___ day of __________, 20___.

________________________________
Notary Public
My Commission Expires: __________

END OF DOCUMENT