Utah: Will Execution Requirements

Requirements one by one

Governing law

Utah's will rules are in the Utah Uniform Probate Code, Title 75, Chapter 2. The core
execution section is § 75-2-502; the surrounding sections cover who may make a will
(§ 75-2-501), harmless error (§ 75-2-503), self-proving affidavits (§ 75-2-504), and
witnesses (§ 75-2-505). Utah is a full Uniform Probate Code state, so it uses the modern
"reasonable time" witness rule, recognizes handwritten wills, and can excuse some
mistakes. It is also unusual in one respect: it was the first state to allow a fully
electronic will, under the Uniform Electronic Wills Act found in the same chapter's
Part 14 (§§ 75-2-1401 to 75-2-1411).

Minimum age & capacity

You may make a Utah will if you are 18 or older and have testamentary capacity
(§ 75-2-501(1)). Utah is one of the few states that spells out the capacity test in the
statute itself: you must be able to identify your family members or other people in your
life, understand your relationship to them, understand the nature and extent of your
property, and form a plan in your mind for how to distribute it (§ 75-2-501(2)). You do
not need to know how Utah's intestacy laws work. And capacity is presumed even if you are
under a guardianship or conservatorship (§ 75-2-501(4)) — being under a guardianship does
not automatically mean you cannot make a will.

Writing & signature

The will must be in writing and signed either by you or, if you cannot sign, by another
person who signs your name "in the testator's conscious presence and by the testator's
direction" (§ 75-2-502(1)(a)-(b)). "Conscious presence" is a slightly broader test than
line-of-sight — the person signs where you are aware, through sight, hearing, or general
consciousness of events, that the signing is happening. Utah does not require the
signature to be at the end of the document.

Witnesses required

A Utah will needs at least two witnesses. Each must sign "within a reasonable time after"
witnessing either your signing of the will or your acknowledgment of the signature or the
will (§ 75-2-502(1)(c)). This is the modern Uniform Probate Code rule and is more forgiving
than the older "present at the same time" standard used in states like California: the two
witnesses do not have to be together, and a witness can even sign a little later, so long
as it is within a reasonable time of witnessing. On interested witnesses, Utah takes the
most permissive approach — any generally competent person may witness, and "the signing of
a will by an interested witness does not invalidate the will or any provision of it"
(§ 75-2-505). A beneficiary can witness and still keep their gift; Utah has no purging
statute. Using disinterested witnesses is still good practice to avoid a contest.

Notarization & self-proving

A Utah will does not need to be notarized to be valid, and notarization is not a
substitute for the two witnesses. This is worth stressing because some Uniform Probate
Code states (Colorado, North Dakota) let a notarized will stand in for a witnessed one —
Utah did not adopt that option, so § 75-2-502 always requires two witnesses. What a notary
is used for is the optional self-proving affidavit under § 75-2-504: you and your witnesses
swear before a notary, either at the signing or any time afterward, so that the will can be
admitted to probate without the witnesses having to testify. The statute even supplies the
affidavit language.

Handwritten (holographic) wills

Utah recognizes holographic wills. A document that does not meet the witnessing rules is
still valid "as a holographic will, whether or not witnessed, if the signature and material
portions of the document are in the testator's handwriting" (§ 75-2-502(2)). Only the
material portions — the parts that actually give away property — need to be in your
handwriting, so a holographic will written on a printed form can still work. No date is
required, and your intent that the document be your will can be shown by extrinsic
evidence, including the printed portions of the page (§ 75-2-502(3)).

Electronic & remote wills

Utah allows fully electronic wills — it was the first state in the country to enact the
Uniform Electronic Wills Act, in 2020. An electronic will "is a will for all purposes of
the law of this state" (§ 75-2-1403). To be valid it must be a record that is readable as
text, signed by you (or by another person in your conscious presence and at your
direction), and signed by two witnesses "in the physical or electronic presence of the
testator" within a reasonable time after witnessing (§ 75-2-1405). "Electronic presence"
means the witnesses can be with you over a live video connection instead of in the same
room. This is a genuine departure from most states, which still require ink on paper
witnessed in person. (A separate 2026 act, the Uniform Electronic Estate Planning Documents
Act, covers electronic trusts and powers of attorney but expressly does not apply to wills.)

Harmless-error / curative doctrine

Utah has one of the broadest harmless-error rules in the country. A document that was not
executed in compliance with § 75-2-502 is still treated as validly executed if the person
offering it proves "by clear and convincing evidence that the decedent intended the
document or writing to constitute" the will — or a revocation, an alteration, or a revival
of a will (§ 75-2-503). Unlike some states that apply harmless error only to the
witnessing step, Utah's rule reaches the whole execution, so even a will with a more basic
defect can potentially be saved with strong enough proof of intent. The standard is
demanding, though, and relying on it means litigating after the fact.

What trips people up

Notarizing a Utah will does not replace the witnesses. People sometimes take a will to
a notary and assume that makes it valid. It does not. Utah requires two witnesses under
§ 75-2-502 and — unlike Colorado or North Dakota — does not accept a notarized will as an
alternative. The notary's role is limited to the optional self-proving affidavit, which
only helps at probate.

A beneficiary can witness, but it is still a bad idea. Utah does not void a gift to a
witness (§ 75-2-505), so unlike many states there is no automatic penalty for using an
interested witness. But a witness who also inherits is a natural target for a will contest.
The safe practice remains two witnesses who take nothing under the will.

"Reasonable time" is forgiving, but do not push it. Because witnesses may sign within a
reasonable time after watching you sign or acknowledge (§ 75-2-502(1)(c)), a short gap will
not sink the will. Long, unexplained delays are a different matter and invite disputes —
the cleanest approach is still to have everyone sign together.

An electronic will has strict format rules of its own. Utah's electronic will is a real
option, but it is not simply "a signed PDF." It must be a text-readable record witnessed by
two people in your physical or electronic presence, and there are added requirements to make
it self-proving and to produce a certified paper copy for probate (§§ 75-2-1405 to
75-2-1411). Treating an ordinary emailed document as an electronic will can leave you with
nothing valid.

Common questions

Does my Utah will have to be notarized? No. Utah requires two witnesses, not a notary,
and a notarized will is not an accepted substitute for witnesses (§ 75-2-502). Notarization
only matters for the optional self-proving affidavit under § 75-2-504.

Can I handwrite my own will without witnesses? Yes. Utah recognizes holographic wills:
if your signature and the material provisions are in your own handwriting, the will is valid
even with no witnesses (§ 75-2-502(2)). Adding a date and signing at the end are still wise.

Can I sign my will over video? Yes, if you use Utah's electronic-will process. Two
witnesses may sign "in the physical or electronic presence of the testator," so remote video
witnessing is allowed for an electronic will (§ 75-2-1405). An ordinary paper will still
needs witnesses who watched you sign or acknowledge it.

What if my will is missing a formality? Utah's harmless-error rule may still save it. A
court can treat a defective document as a valid will if there is clear and convincing
evidence you intended it as your will (§ 75-2-503) — but that requires proving intent in a
probate proceeding, which is far less certain than getting the execution right.

Statutes and sources

• Utah Code § 75-2-501 — who may make a will: age 18, the codified testamentary-capacity test, and the presumption of capacity under guardianship.
  https://le.utah.gov/xcode/Title75/Chapter2/75-2-S501.html (accessed 2026-07-11)
• Utah Code § 75-2-502 — execution: writing, signature (including signing by another at your direction), two witnesses within a reasonable time, and holographic wills.
  https://le.utah.gov/xcode/Title75/Chapter2/75-2-S502.html (accessed 2026-07-11)
• Utah Code § 75-2-503 — harmless error: a defective document can be treated as a will on clear and convincing evidence of intent.
  https://le.utah.gov/xcode/Title75/Chapter2/75-2-S503.html (accessed 2026-07-11)
• Utah Code § 75-2-504 — self-proving affidavit, at execution or later.
  https://le.utah.gov/xcode/Title75/Chapter2/75-2-S504.html (accessed 2026-07-11)
• Utah Code § 75-2-505 — who may witness: an interested witness does not invalidate the will or any gift (no purging statute).
  https://le.utah.gov/xcode/Title75/Chapter2/75-2-S505.html (accessed 2026-07-11)
• Utah Code § 75-2-1403 — an electronic will is a will for all purposes (Uniform Electronic Wills Act, Part 14).
  https://le.utah.gov/xcode/Title75/Chapter2/75-2-S1403.html (accessed 2026-07-11)
• Utah Code § 75-2-1405 — execution of an electronic will: text-readable record, signature, and two witnesses in the testator's physical or electronic (video) presence.
  https://le.utah.gov/xcode/Title75/Chapter2/75-2-S1405.html (accessed 2026-07-11)