What Happens if a Will Wasn’t Properly Signed in Utah? A Probate FAQ

Short answer: If a will is not properly signed under Utah law, the probate court can either (1) refuse to admit it and treat the decedent as having died intestate (so the estate distributes under Utah’s intestacy rules), or (2) admit the will despite formal defects if the court finds clear and convincing evidence the decedent intended the document to be their will. This page explains how the process works, the likely outcomes, and practical steps you can take.

Detailed answer — How Utah law treats an improperly signed will

Utah requires certain formalities for a will to be valid. Generally, a valid will must be in writing, signed by the testator (the person who made the will) or by another person at the testator’s direction, and witnessed as required by statute. If those formalities are missing, a probate court may find the will invalid on its face.

Two important statutory principles apply in Utah:

• Formal execution requirements: The rules that set out how a will must be signed and witnessed appear in Utah’s probate statutes governing execution of wills. These rules describe the required signature and witness conditions for a will to be presumptively valid. See Utah Code, Title 75, Chapter 2 on wills and probate procedures for the specific language and requirements: Utah Code § 75-2-502 (Execution of wills).
• Harmless error / substantial compliance: If a document fails to meet the strict formalities, Utah law follows the modern Uniform Probate Code approach in many respects and allows a court to admit a document as a will when there is clear and convincing evidence that the decedent intended the document to be their will despite the defective execution. This rule is sometimes called the “harmless error” or “substantial compliance” doctrine. See: Utah Code § 75-2-503 (Harmless error).

How the court resolves the issue depends on the facts and the evidence:

1. No credible evidence of testator intent: If the court finds that the document was not properly executed and there is not clear and convincing evidence that the decedent intended it as a will, the court will refuse to admit the document. The estate then proceeds as if there is no valid will — the decedent is treated as intestate. The probate court appoints an administrator for the estate, and Utah’s intestacy statutes determine who inherits. (See Utah’s intestate succession rules in the probate code.)
2. Clear and convincing evidence of intent: If interested parties produce clear and convincing evidence that the decedent intended the defective document to serve as their will (for example, contemporaneous statements, signature evidence, surrounding facts showing testator intent), the probate court may admit the document despite improper signing. In that case, the document controls distribution according to its terms.
3. Possible partial admission or reformation: In some cases the court may admit only portions of a document or reform language to reflect the decedent’s intent if statutory procedures allow reformation to fix mistakes. The scope of reformation depends on statute and case law.

Consequences if the will is treated as invalid (intestacy)

• The estate distributes according to Utah’s intestacy laws. Close relatives (spouse, children, parents, siblings) typically succeed to the property in a prescribed order.
• An administrator, not the named executor in the defective will, may be appointed by the court to manage and distribute the estate.
• Gifts in the defective will to non-heirs generally fail. Beneficiaries named in the invalid will do not inherit under that document unless intestacy or other statutes provide otherwise.
• Creditors, taxes, and costs of administration still get paid from the estate before distribution to heirs under intestacy rules.

Typical steps the court and parties take in probate when a will’s signature is defective

1. File a petition: Someone (often a family member or a purported executor) files a petition to admit the will to probate.
2. Notice and guardianship/administration: The court provides required notice to heirs and interested parties. If the will is not admitted, the court may appoint an administrator.
3. Evidence and hearings: Parties offer evidence about execution, signatures, witness presence, and the decedent’s intent. The court evaluates whether statutory formalities exist or whether harmless error principles apply.
4. Ruling: The court admits the will, admits it with limitations, or denies admission and proceeds under intestacy.

Practical examples (hypotheticals)

Example A: A document has the decedent’s signature but lacks witness signatures required by statute. If family members present emails and video showing the decedent signing the page and saying aloud that it was their will, the court might admit the document under the harmless error rule.

Example B: A handwritten document names beneficiaries and is signed but no witnesses exist and there is no other evidence of intent. The court may find the document invalid and distribute the estate under intestacy rules.

What evidence helps when a will’s signature is contested?

• Testimony from people present when the document was signed.
• Contemporaneous communications (emails, texts) where the decedent discusses the will or beneficiaries.
• Drafts or prior versions showing consistent testamentary intent.
• Handwriting or signature analysis if signature authenticity is disputed.
• Affidavits from the notary or witnesses if they exist.

How long do you have to challenge or defend admission?

Time limits vary. Utah’s probate procedure sets deadlines for filing objections, submitting evidence, and moving to admit a will. If you learn a will was filed and you object, act quickly to preserve rights. Talk to a probate attorney promptly about applicable deadlines and required forms.

When to get a lawyer

Consider legal help if:

• The estate has significant assets.
• Family members disagree about the will’s validity.
• Evidence exists that could support the harmless error rule but you need to assemble proof.
• Creditors or complex tax issues exist.

Helpful hints

• Keep originals and copies: Preserve the original document, drafts, and any related communications.
• Gather witnesses: Identify and collect statements from anyone who saw the decedent sign or discussed the will with them.
• Document the decedent’s intent: Look for emails, voicemail, or notes where the decedent described their wishes.
• Ask the court early: If you hope to probate a defective will, file a petition and present evidence as soon as possible.
• Expect intestacy if evidence is weak: If you cannot show the decedent intended the document as their will, the court will likely apply Utah’s intestacy rules and appoint an administrator.
• Use probate resources: Utah Courts maintains helpful probate guides and forms at Utah Courts – Probate.

Key statutory references

• Execution of wills (formal signing and witnessing requirements): Utah Code § 75-2-502.
• Harmless error / substantial compliance doctrine: Utah Code § 75-2-503.
• Intestate succession rules (how property distributes if no valid will): see the intestacy provisions within Utah’s probate code (Title 75, Chapter 2). For general probate guidance, see: Utah Courts – Wills & Probate.

Disclaimer: This article explains general principles of Utah probate law and is for educational purposes only. It is not legal advice. Laws change and every case is different. Consult a licensed Utah probate attorney to get legal advice tailored to your situation.