Utah Lawyer Stephen Howard
Call Utah Estate Planning Attorney
Call Utah Wills Trusts Lawyer
Utah Attorney Stephen W. Howard - Call 801-449-1409
Estate Planning Solutions Start HereSM
Utah Attorney Stephen Howard - Canyons Law Group

Estate Planning Solutions Start HereSM
Attorney for Last Will and Testament in UtahUtah Family Trust LawyerUtah Advance Health Care Directive Salt Lake Davis WeberUtah Guardianship Attorney Salt Lake Weber DavisUtah Attorney for Revocable Living TrustsUtah Estate Planning Attorneys Salt Lake Davis WeberUtah Probate Attorneys Salt Lake Weber DavisUtah Family Law Attorney Salt Lake Davis Weber

Do I need a will in Utah if I am not married and have no children?

If a person who is unmarried and has no children dies without a will, Utah's intestate succession laws dictate that his entire estate will pass to his closest heirs.  The estate will pass first to the person's parents.  If the person's parents have already died, then the estate will pass next to siblings.  In most cases, either parents or siblings will be alive and will inherit.  But if no living parents or siblings exist, Utah's intestate succession laws provide a list of those relative next in line to inherit.  If no living relatives exist at all (a very rare circumstance), then the estate is received by the State of Utah for the benefit of the state school fund.  In no case will the person's intestate estate go to a non-relative.  To learn how a will can be a critical part of your estate plan, contact Utah estate planning attorney Stephen Howard today.

If a person wants property to be given to anyone other than those relatives designated as receiving heirs under the intestate succession statutes, then creating a last will and testament is absolutely necessary to make those bequests.  If a person is comfortable with the rules of inheritance set up by Utah's intestate succession laws, it may be tempting to not create a will.  But the question of who will inherit is only one question to consider in deciding whether to create a will and trust.  

If you own real estate (e.g., a home, condominium, or land), or if your estate has other assets valued at more than $100,000, then a probate action in the Utah courts will be required to distribute or transfer those assets.  The cost of filing a probate action includes at a minimum (as of 2013) a $360 filing fee.  Add in attorney fees, and the cost of probate can easily exceed the cost of creating a will and trust that will likely avoid the probate process in court entirely.

If you have not created a will, there may be disputes over who should be designated as your personal representative.  While Utah intestate succession law determines who is to receive your estate, it is the personal representative's responsibility to determine how to accomplish that task.  Should the estate be liquidated in its entirety and distributed as cash?  Are there certain personal possessions that you would like specific individuals to receive?  These questions are best answered by you.  Without a will, it is the probate court that makes these decisions.  Decisions made by a judge regarding your estate will almost never be exactly what you would have wanted.

If you are comfortable leaving your estate to those individuals designated as heirs under Utah intestate succession laws, if you have no preference as to how your estate is actually distributed, if you have no minor children who should have a guardian designated, and if you are not concerned with creating the need for a probate action following your death, then you may not need a will or other estate planning tools.  But if you are concerned about any of these issues, then you should speak with an estate planning attorney in Utah.

Contacting a Utah Estate Planning Attorney in Salt Lake City

Contact us today to schedule an initial consultation with Utah estate planning attorney Stephen Howard, and learn how a will, trust, or other estate planning tools can help you.

Next Question:  Do I need a last will and testament in Utah if I have children, but am not married?

Best Rating
Make a Payment to Your Account
Contact a Lawyer
** All fields are required. **
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

Best Rating

Estate Planning Attorney Wills & Trusts Estate Planning - Setting up a good estate plan requires more than filling out a free online form or downloading software. But a good estate plan does not have to be overly expensive. A good attorney can guide you through the process of determining what estate planning tools are right for you and your family, and then create personalized estate planning documents to protect you and your family, and give you the peace of mind you deserve. Contact us today to start the process of setting up a personalized estate plan.

Estate Planning »
Criminal Defense Lawyer UtahCriminal Defense - A criminal conviction can carry serious consequences. If you are facing criminal prosecution in Utah, the assistance of an experienced criminal defense attorney can give you the best chance of raising a successful defense. Stephen Howard has years of experience successfully defending serious criminal charges ranging from capital murder to DUI. Contact us today to see what the right attorney can do for you.

Criminal Defense »
Utah Family Law Attorney Family Law - The legal issues involved in Utah family law cases are some of the most important and personal issues you may ever face. Whether you are facing divorce, trying to obtain guardianship for a loved one, making plans to adopt, addressing child custody, support, alimony, or other legal matters relating to your family, choosing the right attorney to help you is a critical decision. Contact us to get the help you need.

Family Law »
Injury and Accident Attorney in Utah Accidents & Injuries - An accident can severly affect your ability to work, your ability to care for and support your family. Injuries can leave you with life-long pain and disabilities. If you have been seriously injured or have been in an accident that was not your fault, you need an attorney who can help ensure that your rights are protected and that you receive compensation you are entitled to. Call now for an initial consultation.

Accidents & Injuries »
Home | Utah Legal Resources | Faq | Utah Estate Planning | Utah Criminal Defense | Contact Us

Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, Morgan, and Wasatch Counties - and all of Utah.

Stephen W. Howard is Utah attorney, practicing as part of the Canyons Law Group, LLC.
With offices in Salt Lake and Davis Counties, we are pleased to provide legal services to clients throughout Utah.
Call 801-449-1409 to arrange for a confidential initial consultation.

Stephen W. Howard, PC

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials or information in this site does not create an attorney-client relationship. Read Full Disclaimer.