Last Will & Testament
★ The Foundation of Every Estate Plan ★A last will and testament is the legal document that expresses your final wishes: who inherits your property, who raises your minor children, and who administers your estate. Without one, Utah's intestacy statute writes those decisions for you — and the formula it applies ignores your relationships, your preferences, and your life circumstances entirely. A will is the minimum viable estate plan, and for most northern Utah families it should be the starting point, not the finish line.
✅ What a Will Does Well
- Legally controls who raises your children
- Names who administers your estate
- Overrides state intestacy formulas
- Establishes testamentary trusts for minors
- Relatively quick and affordable to create
❌ What a Will Cannot Do
- Does not avoid probate — court process is mandatory
- Becomes public record after death
- Does nothing if you're incapacitated (not dead)
- Doesn't override beneficiary designations on retirement accounts
The guardian designation alone makes a will essential for any parent with minor children in Utah. Without it, the court appoints a guardian — potentially someone you would never have chosen. Utah Code § 75-2-101 through § 75-2-114 governs intestate succession, and it has no mechanism for recognizing your intentions.
"A will is not a complete estate plan — but it is the document that tells the court who takes care of your children if you die. That alone makes it non-negotiable for parents."
— Jake B. Cragun, Cragun Legal, Ogden, UT