Wills vs. Trusts in Utah: What You Need to Know About Utah Estate Planning
Just like planting a seed ensures future growth, setting up a will or living trust in Utah protects your legacy for generations to come.
When it comes to estate planning in Utah, one of the biggest questions people ask is: "Should I get a will or a trust?"
Honestly, it's kind of like asking if you should pack a backpack or a suitcase. The answer? It depends on what you're carrying.
Both wills and trusts help organize your assets and ensure they go to the right people, but they work in different ways. Think of a will as leaving a detailed note on the fridge: "Here's who gets what." A trust, on the other hand, is like handing someone the keys to your house while you're on vacation--they can step in and manage things without waiting for instructions.
Let's break it down without turning this into a legal snooze-fest.
What Is a Will? The Classic Choice for Estate Planning in Utah
A will (officially called a "last will and testament") is your legal love letter to the world after you're gone. It spells out:
Who gets your assets (your house, car, bank accounts, and yes, even your collection of vintage Star Wars figurines).
Who takes care of your minor kids (because let's face it, you don't want Uncle Bob making that call).
Who is in charge of making sure everything happens the way you planned (your executor).
How a Will in Utah Works
Imagine your life is a garage full of stuff. A will is like saying:
The power tools go to Uncle Bob.
The comic book collection goes to Jake.
The garden gnome collection? To whoever promises not to sell them on eBay.
Pretty simple, right?
But here's the catch: wills have to go through probate--a fancy word for the legal process where the probate court reviews your will and makes sure everything is handled correctly. Probate can take months (or longer), and yes, it can be a bit of a hassle.
What Is a Living Trust? The VIP Pass for Your Assets
Now, if a will is like a set of instructions, a living trust is like setting up a private club for your assets--you make the rules, appoint a manager (trustee), and decide who gets VIP access (beneficiaries).
Why People Love Living Trusts in Utah
Avoids probate (because no one likes waiting in line).
Keeps your estate private (wills become public record; trusts do not).
Works if you become incapacitated (so someone you trust can manage things if you can't).
Great for real estate (especially if you own property in multiple states).
Helps blended families avoid surprises like "Wait… why does Cousin Larry get the lake house?"
Will vs. Living Trust: Which One Is Right for You?
If your estate is simple, you're not worried about probate, and you just want to make sure your bank account and toy collection go to the right person, a will might be enough.
But if you want to avoid probate, keep things private, or control when and how your assets are distributed, a living trust is the way to go.
Quick Comparison of Wills vs. Trusts in Utah
| Feature | Will | Trust |
|---|---|---|
| Avoids Probate? | ❌ No | ✅ Yes |
| Effective When? | After Death | Immediately (if funded) |
| Privacy? | ❌ Public Record | ✅ Private |
| Control Over Assets? | Basic | High (customizable rules) |
| Covers Incapacity? | ❌ No | ✅ Yes |
Types of Trusts in Utah (And Why a Revocable Trust Is the MVP)
While the revocable living trust is the go-to for most people, there are actually several types of trusts you should know about:
1. Revocable Living Trust (The Flexible Favorite)
Can be changed anytime while you're alive.
Avoids probate and keeps things private.
Helps if you become incapacitated (your trustee can step in and manage things).
This is the most common trust people set up because it keeps things simple and efficient. If you hear someone say "living trust" or "revocable living trust," they're almost always talking about a revocable trust.
2. Irrevocable Trust (The "No Take-Backs" Trust)
Cannot be changed once set up (hence the name "irrevocable").
Great for protecting trust assets and reducing estate taxes.
Typically used by people with large estates or special needs planning.
3. Testamentary Trust (The Post-Death Trust)
Created inside your will and only goes into effect after you die.
Does not avoid probate.
Useful for parents who want to control inheritance for minor children.
4. Special Needs Trust (The "Protect Benefits" Trust)
Helps disabled beneficiaries receive an inheritance without losing government benefits.
Must be carefully drafted to meet legal requirements.
Utah-Specific Estate Planning: What You Need to Know
Simplified Probate: Utah offers an easier probate process for small estates under $100,000 (Utah Code §75-3-1201). It's like the express lane at the grocery store, but with fewer impulse buys.
Blended Families: If you have kids from a previous relationship, the rules around inheritance get tricky. A will or trust can help avoid unintended surprises ("Wait, why does Cousin Larry get the cabin?”).
Out-of-State Property? If you own a vacation home in Idaho or a rental property in Arizona, Texas, or another state, a trust helps avoid multiple probate proceedings in different states.
Final Thoughts: Should You Use a Will or a Trust in Your Estate Plan in Utah?
When it comes to estate planning in Utah, if you only need a simple way to pass things on, a will might be enough.
But if you want to avoid probate, keep your affairs private, and make things easier for your family, a revocable trust is the way to go.
The best part? Getting a trust doesn't have to be complicated.
If you're still unsure which option is right for you, let's talk. As an estate planning attorney, I offer free consultations so we can chat about your situation, answer your questions, and maybe even laugh a little. Because estate planning doesn't have to be boring.
Book your free consultation today -- let's get your future sorted out.