Key Documents to Gather for a Smooth Probate Process in Utah

Preparing important papers before death helps your loved ones avoid delays and confusion during probate. Below is an overview of essential information and documentation to collect under Utah law.

1. Estate Planning Documents

• Last Will and Testament: Ensure it meets formal requirements under Utah Code §75-2-502 (Witnesses and signature).
• Trust Agreements: Gather revocable or irrevocable trust documents to bypass probate for assets held in trust.
• Durable Power of Attorney: Appoint someone to manage finances if you become incapacitated. Utah’s Uniform Power of Attorney Act outlines form and execution requirements.
• Advance Health Care Directive: Designate a health care agent and state treatment preferences under Utah Code §75-2a-502.

2. Financial Records

• Bank and investment account statements, including account numbers and contact information.
• Retirement plans (IRAs, 401(k)s), pensions and beneficiary designations.
• Safe deposit box location, key or combination and inventory of contents.
• Titles and deeds for real property, vehicles and personal property.

3. Insurance Policies

• Life insurance policies with policy numbers and beneficiary designations.
• Homeowners, auto, long-term care and liability insurance information.

4. Debts and Liabilities

• Mortgage statements, home equity lines and deeds of trust.
• Credit card and loan account details, including balances and payment schedules.
• Tax returns (last three years) to help the personal representative file final and estate tax returns.

5. Personal and Digital Assets

• Digital account lists (email, social media, cryptocurrency wallets) with login instructions.
• Memberships, subscriptions and loyalty programs that may hold monetary or sentimental value.

6. Probate Filing Requirements

After death, file the will with the appropriate Utah district court within 30 days under Utah Code §75-3-201 (Filing the will). Provide the court with a certified death certificate and a copy of the will.

7. Organizing and Sharing Your Records

Compile documents in a secure binder or encrypted digital folder. Inform your chosen personal representative and family members of the location and any passwords.

Disclaimer: This article is for informational purposes only. It does not constitute legal advice. Consult a qualified attorney in Utah to address your specific situation.

Helpful Hints

• Review and update your documents every 2–3 years or after major life events.
• Keep originals in a fireproof, waterproof safe or with your attorney.
• Provide a succinct summary sheet listing key contacts and document locations.
• Consider naming successor agents and trustees in your power of attorney and trust documents.
• Maintain a list of digital assets and update passwords regularly.