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If you're a resident of Utah and trying to decide whether you need a living trust, you might be wondering what to take into consideration. What happens to your property under Utah laws if you don't have a trust? When might you want a living trust? How do you make a living trust? Below is an introduction to what a living trust does and a discussion of whether it makes sense for your situation.
A "living" trust (also called an "inter vivos" trust) is simply a trust you create while you're alive. The beneficiaries you name in your living trust receive the trust property when you die. You could instead use a will, but wills must go through probate—the court process that oversees the transfer of your property to your beneficiaries.
Many people create a revocable living trust as part of their estate plan. These trusts can be modified or revoked at any time. Typically, you'll name yourself as the "trustee" of your trust. This means that while you're alive, you retain control of the trust and its property. In your trust document, you will also name a "successor trustee" to take over and manage the trust after you die; this person will distribute the property in the trust to your beneficiaries. (If you create a shared living trust, as is often done by spouses, then your successor trustee would assume control after both spouses have died.)
In contrast, irrevocable trusts can't be revoked or modified after they're signed. Irrevocable trusts can be useful tools for specific goals, like reducing taxes, but they require giving up ownership and control of trust property.
When you set up a living trust to transfer your property to your loved ones after your death, you can potentially save them time, hassle, and money. Property left through a will (rather than a living trust) might be tied up for months or even years in probate court, and could involve significant court costs and lawyers' fees. By contrast, property left through a trust can be distributed to your beneficiaries almost immediately, and often without the need for an attorney.
However, Utah is one of the states that has fully adopted the Uniform Probate Code, a model law that streamlines the probate process. In other words, probate in Utah might not be quite as cumbersome as it is in other states. In addition, Utah offers simplified probate processes for "small" estates:
If your estate is likely to qualify for one of these fast-track procedures, you might not need to worry about making a living trust just to avoid probate. Even if it doesn't qualify, you could also very reasonably conclude that a will rather than a living trust is sufficient for your purposes, since Utah's probate process is more streamlined, compared to other states. Still, there are a few other advantages of making a living trust. (See Living Trust vs. Will.)
Additionally, in Utah, you can transfer real property using a transfer-on-death deed; this can keep your home out of probate without using a living trust. (Utah Code § 75-6-405 (2024).)
Yes, you'll still need a will. This might seem confusing—isn't the point of a living trust to avoid needing a will? Yes, it is, and your will might never be used. But you should still write one, for one or both of the following reasons:
If you don't have a will, any property that isn't transferred by your living trust or other method (such as joint tenancy) will go to your closest relatives as determined by Utah state law.
Probably not. But most people don't need to worry about federal estate taxes anyway because the federal estate tax is levied only on estates worth more than $13.61 million (for deaths in 2024). Utah doesn't have its own estate tax.
That said, if you have an estate worth more than $13.61 million—or you and your spouse have a combined estate of close to $27.22 million—you might be able to use a more complicated trust (such as an AB trust) to reduce or avoid federal estate taxes.
To make a living trust in Utah, you:
You can use WillMaker & Trust to make a living trust using your computer. It has a simple interview format that allows you to complete the trust at your own pace, and it gives you lots of legal and practical help along the way. Based on your responses, the program produces a living trust document customized for you and your situation. With WillMaker & Trust, you can also make a will, powers of attorney, health care directives, transfer on death deeds, and many other useful documents. Use it just for yourself or for your entire family.
For more on Utah estate planning issues, see Utah Estate Planning.