Is an Online Will Legal in Utah?
Utah is one of the states where a will can be both PREPARED and EXECUTED without anyone being in the same room. A will prepared online, printed and signed on paper is valid under Utah Code 75-2-502(1) with the testator's signature and two witnesses who sign within a reasonable time after witnessing the signing or the acknowledgment. Utah also recognizes a fully electronic will: the Uniform Electronic Wills Act at Utah Code 75-2-1401 to 75-2-1411, effective 31 August 2020, treats an electronic will as a will for all purposes, and 75-2-1405(1)(c) lets the two witnesses sign in the testator's PHYSICAL OR ELECTRONIC presence, with electronic presence defined at 75-2-1402(2) as real-time communication to the same extent as being physically present.
The Answer at a Glance
Prepare the will online
ValidWhether a will drafted with online software can become a valid Utah will.
Sign it fully remotely
RecognizedWhether Utah recognizes an electronic will executed without an in-person paper signing.
What this means for you
The remote route is the ELECTRONIC one, and that distinction is where a reader goes wrong. Utah Code 75-2-502 has no electronic-presence language, so a PAPER will witnessed only over a video call is not executed under it and would have to be rescued through the harmless-error petition in 75-2-503, which needs clear and convincing evidence of intent and is a contested court proceeding rather than a plan. If you sign on paper, have both witnesses physically watch the signing or hear the acknowledgment. Whichever route you take, add the self-proving affidavit: Utah Code 75-2-504 for a paper will and 75-2-1408 for an electronic one, because 75-3-406(2) then conclusively presumes the signature requirements at probate and spares the family from finding two witnesses years later. Note also that Utah's holographic rule means a fully handwritten and signed page is valid with no witnesses at all under 75-2-502(2), which is a reason those documents show up in Utah estates and a reason they get litigated.
What Utah Law Requires
The governing law is Utah Uniform Probate Code, Title 75 Chapter 2 (Intestate Succession and Wills). Execution formalities at Part 5, Utah Code 75-2-501 to 75-2-513; the Uniform Electronic Wills Act at Part 14, Utah Code 75-2-1401 to 75-2-1411; the custodian's duty at 75-2-902; proof of the will at 75-3-406. Each rule below links to the official source it was read from.
| Requirement | The Utah rule | Statute |
|---|---|---|
| Who can make a will | Age 18 or older, testamentary capacity at the time the will is executed. | Utah Code 75-2-501 |
| Written document | Required. | Utah Code 75-2-502(1) |
| Signature | The testator signs. Utah Code 75-2-502(1)(b) lets the will be signed in the testator's name by some other individual in the testator's CONSCIOUS PRESENCE and by the testator's direction. Utah Code 75-2-1405(1)(b) carries the same rule across to an electronic will. | Utah Code 75-2-502(1) |
| Witnesses | 2. At least two individuals must sign, and Utah's test is about what each witness OBSERVED rather than about where they were standing when they signed. Utah Code 75-2-502(1)(c) requires the will to be signed by at least two individuals, each of whom signed WITHIN A REASONABLE TIME after having witnessed either the signing of the will as described in Subsection (1)(a) or (b), or the testator's acknowledgment of that signature or acknowledgment of the will. Utah does NOT require the witnesses to sign in the testator's presence, does NOT require them to sign in each other's presence, and sets no fixed number of days: the only limit is that each signs within a reasonable time after witnessing the signing or the acknowledgment. | Utah Code 75-2-502(1)(c) |
| Notarization | Not required for validity. A self-proving affidavit is optional and speeds probate. | Utah Code 75-2-504 |
Signing Day in Utah
At least two individuals must sign, and Utah's test is about what each witness OBSERVED rather than about where they were standing when they signed. Utah Code 75-2-502(1)(c) requires the will to be signed by at least two individuals, each of whom signed WITHIN A REASONABLE TIME after having witnessed either the signing of the will as described in Subsection (1)(a) or (b), or the testator's acknowledgment of that signature or acknowledgment of the will. Utah does NOT require the witnesses to sign in the testator's presence, does NOT require them to sign in each other's presence, and sets no fixed number of days: the only limit is that each signs within a reasonable time after witnessing the signing or the acknowledgment.
Utah Code 75-2-505 runs two sentences and both are permissive: an individual generally competent to be a witness may act as a witness to a will, and the signing of a will by an interested witness does not invalidate the will or any provision of it. The section sets no age test and no disinterest test.
The self-proving step worth adding
TWO THINGS THE SECTION DOES THAT ARE EASY TO MISS. Utah Code 75-2-504(3) says a signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the WILL, if necessary to prove the will's due execution, so an affidavit signature can rescue a missing witness signature on the will itself. And 75-2-504(4) says the notarization provisions of the section PREEMPT conflicting provisions elsewhere in the Utah Code, whether the will was executed before or after July 1, 1998. The payoff is at probate: Utah Code 75-3-406(2) conclusively presumes compliance with the signature requirements for a self-proved will and presumes the other execution requirements subject to rebuttal, without the testimony of any witness, unless there is proof of fraud or forgery affecting the acknowledgment or affidavit. Without it, 75-3-406(1) requires the testimony of at least one attesting witness in a contested case involving an attested will, where that witness is within the state, competent and able to testify. An electronic will has its own self-proving section at 75-2-1408, which allows the officer's certificate to be affixed to or LOGICALLY ASSOCIATED WITH the will and, at subsection (5), supersedes Title 46 Chapter 1, the Notaries Public Reform Act, where the two conflict. Timing: Either at execution or at any time afterwards. Utah Code 75-2-504(1) covers a will executed, attested and made self-proved at the same sitting; 75-2-504(2) covers an already-attested will made self-proved at any time thereafter. The section prints model wording for both..
Choose witnesses carefully
None. Utah has no purging statute and no reduction of the gift, so an interested witness keeps what the will leaves them.
Shortcuts Utah Does and Does Not Recognize
Handwritten (holographic) wills
YesThe SIGNATURE and the MATERIAL PORTIONS of the document must be in the testator's own handwriting. Utah Code 75-2-502(2) then validates the will as a holographic will whether or not it was witnessed, and whether or not it complies with the ordinary formalities in subsection (1). Utah asks for no witnesses, no notary and no date on a holographic will.
Utah's holographic rule is genuinely wide, which is exactly why these documents draw fights. Utah Code 75-2-502(3) adds that intent that the document constitutes the testator's will can be established by EXTRINSIC EVIDENCE, including, for a holographic will, portions of the document that are not in the testator's handwriting, so a store-bought fill-in form completed by hand can qualify on that reading. Handwriting comparisons, missing pages and ambiguous wording generate litigation a typed will signed before two witnesses would have avoided, so this is a fact about what Utah will admit rather than a plan to follow. (Utah Code 75-2-502(2))
Oral wills
NoUtah recognizes no oral, nuncupative or deathbed will. Utah Code 75-2-502 offers exactly two ways to make a will, an attested will under subsection (1) and a holographic will under subsection (2), and both require a document: the attested route requires a writing and the holographic route requires the signature and material portions to be in the testator's handwriting. The harmless-error rule in 75-2-503 cannot reach speech either, because it operates on a DOCUMENT, or on a writing added upon a document. What Utah does have instead is that harmless-error rule: 75-2-503 treats a document as if it had been executed in compliance with 75-2-502 where the proponent establishes by CLEAR AND CONVINCING EVIDENCE that the decedent intended it to constitute the will, a partial or complete revocation, an addition or alteration, or a revival. That is a contested court petition with a heightened standard, not a form of will anyone can plan around, and 75-2-1406 carries the same rule across to a will executed electronically. (Utah Code 75-2-502)
Electronic wills
YesUtah adopted the Uniform Electronic Wills Act as Title 75 Chapter 2 Part 14, sections 75-2-1401 through 75-2-1411, enacted by Chapter 1 of the 2020 Sixth Special Session and effective 8/31/2020. Utah Code 75-2-1411 applies the part to the will of a decedent who dies on or after that date. Section 75-2-1403(1) states the headline: an electronic will is a will for all purposes of the law of this state. The execution rules at 75-2-1405(1) track the paper rules with one large difference: (a) a record readable as text at the time of signing, (b) signed by the testator or in the testator's name by another individual in the testator's conscious presence and at the testator's direction, and (c) signed in the PHYSICAL OR ELECTRONIC presence of the testator by at least two individuals within a reasonable time after witnessing. Three neighbouring sections complete the picture: 75-2-1406 carries the 75-2-503 harmless-error rule across; 75-2-1408 allows an electronic will to be executed, attested and made self-proving at once, superseding the Notaries Public Reform Act where the two conflict; and 75-2-1409 lets anyone create a certified paper copy by affirming under penalty of perjury that it is a complete, true and accurate copy, which must include the self-proving affidavits where the will was made self-proving. (Utah Code 75-2-1403; Utah Code 75-2-1405)
Remote witnessing: allowed within the statute’s conditions. For an ELECTRONIC will only. Utah Code 75-2-1405(1)(c) requires the record to be signed in the PHYSICAL OR ELECTRONIC presence of the testator by at least two individuals, each of whom signed within a reasonable time after witnessing the signing or the testator's acknowledgment. Utah Code 75-2-1402(2) defines electronic presence as the relationship of two or more individuals in different locations communicating in real time to the same extent as if they were physically present in the same location, so a witness on a live video call satisfies the presence element. The definitions section was amended by Chapter 310 of the 2025 General Session, effective 5/7/2025. This does NOT extend to a paper will: 75-2-502 carries no electronic-presence language, so a paper will witnessed only over video is not executed under subsection (1).
A Will Signed in Another State
Utah Code 75-2-506: a written will is valid if its execution complies with Section 75-2-502 or 75-2-503, OR if its execution complies with the law at the time of execution of the place where the will was executed, OR of the law of the place where at the time of execution or at the time of death the testator was domiciled, had a place of abode, or was a national. Those are alternatives, so a will signed in another state under that state's rules does not need re-signing after a move to Utah, and the same door admits a holographic will made valid elsewhere on terms Utah itself would not have applied. Note the one constant that survives every alternative: the instrument must be a WRITTEN will. (Utah Code 75-2-506)
Keep Going
- The full Utah will-requirements guide covers capacity, revocation, and what happens when formalities fail.
- Utah estate planning sets the will beside the other documents a complete plan needs.
- A Utah revocable living trust is the main alternative when avoiding probate is the goal.
- How every state answers the online-will question puts Utah's rules beside the other 36 states, and our scored will-maker comparison shows which products explain the signing steps best.
Frequently Asked Questions
Can I make my will online in Utah?
Does a Utah will need to be notarized?
How many witnesses does a Utah will need?
Are handwritten (holographic) wills valid in Utah?
Are electronic wills legal in Utah?
Is a will made in another state valid in Utah?
SourcesOfficial references used for this page
- Who may make will -- Testamentary capacity.
- Execution -- Witnessed wills -- Holographic wills.
- Writings intended as wills.
- Self-proved will.
- Who may witness.
- Choice of law as to execution.
- Duty of custodian of will -- Liability.
- Definitions.
- Execution of an electronic will.
- Formal testacy proceedings -- Contested cases -- Testimony of attesting witnesses.
- Probate and testacy proceedings -- Ultimate time limit -- Presumption and order of intestacy.
Verified against Utah Uniform Probate Code, Title 75 Chapter 2 (Intestate Succession and Wills). Execution formalities at Part 5, Utah Code 75-2-501 to 75-2-513; the Uniform Electronic Wills Act at Part 14, Utah Code 75-2-1401 to 75-2-1411; the custodian's duty at 75-2-902; proof of the will at 75-3-406 on August 28, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Utah can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.
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