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Validity of a Utah LastWill and Testament - Salt Lake Attorney

What law determines if a last will and testament was validly executed in Utah?

Last Will and Testament Attorney - Salt Lake City, Utah When a last will and testament is presented for probate in Utah, the court must first determine whether the will is valid. Key in determining whether the will is valid is the question of whether the will was lawfully executed. Utah Code 75-2-502 provides the requirements for validly executing a typed or holographic will.  Utah Code 75-2-503 may provide some exceptions for written instruments that are intended as wills, even if the writing does not meet all of the requirements for a last will and testament. Utah law also provides that a will which does not conform with Utah's current requirements for the execution of a will may still be considered valid if it was executed in compliance 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.

While these exceptions can provide a safety net in some circumstances, failure to follow Utah's legal requirements for executing a will may result in a document that will not be recognized by a Utah probate court. Rather than hoping for an exception, it is best to consult with a Utah estate planning attorney before executing a will. While there are many free or inexpensive sources for estate planning documents online or in various other publications, none of these sources can replace personalized legal advice from an estate planning attorney.

For some people, a living trust may help to avoid the need to file a probate action in Utah. Through the use of a living trust, a decedent's estate can often be managed, distributed, or administered completely without the intervention of a probate court.

Contacting a Utah Estate Planning Lawyer in Salt Lake City

Utah estate planning attorney Stephen Howard provides personalized, cost-effective solutions for your estate planning needs. A last will and testament is perhaps the most fundamental estate planning tool. Many people will benefit from creating a living trust as well. Contact us today to arrange for an initial consultation.

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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.

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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.

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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

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