Short answer

Yes — some assets can pass outside probate in Utah if you use beneficiary designations, joint ownership with rights of survivorship, transfer-on-death mechanisms, or certain contract designations. However, a will by itself generally does not avoid probate for assets you own alone in your name. To keep property out of probate for your spouse and children, you must use the right combination of titles, beneficiary designations, and other transfer tools. Because the right approach depends on the types of assets you own and your family situation, consider getting legal help to confirm the details.

Detailed answer — how probate works in Utah and what avoids it

Start with the basics. Probate is the court process that transfers ownership of a deceased person’s assets that were owned solely in that person’s name. In Utah, probate and related rules are in the Utah Probate, Trusts, and Fiduciaries law (Title 75). For the statutes and chapter listings, see Utah Code Title 75: Probate, Trusts, and Fiduciaries: https://le.utah.gov/xcode/Title75/75.html.

1) Wills

A will lets you name who should get your probate assets (assets titled solely in your name). The will must be validated through probate before most court systems will transfer title under the will. That means a will does not, on its own, eliminate probate — it just directs how probate should distribute probate assets.

2) Beneficiary designations and contract-based transfers

Certain assets pass automatically to a named beneficiary and do not go through probate. Common examples include:

• Life insurance proceeds that name a beneficiary.
• Retirement accounts (IRAs, 401(k)s) with a named beneficiary.
• Payable-on-death (POD) or transfer-on-death (TOD) bank accounts and brokerage accounts.

These beneficiary designations remain effective without a will or probate so long as the beneficiary is properly named and survives the owner. It is critical to keep beneficiary forms up to date after major life events (marriage, divorce, births, deaths) because the contract designation controls over a will in most cases.

3) Joint ownership with rights of survivorship

If you hold property jointly with another person as joint tenants with right of survivorship (or tenants by the entirety, where available), the surviving owner typically gets the property automatically at death without probate. Joint ownership is common for bank accounts and real estate, but it creates other risks (creditor exposure, unintentional inheritance consequences), so use it thoughtfully.

4) Transfer-on-death deeds and real property

Some states allow a “beneficiary deed” or “transfer-on-death” deed that lets you name a beneficiary for real property who receives title at your death without probate. If you own real estate in Utah and want to avoid probate for that real estate, ask an attorney whether Utah’s rules permit a transfer-on-death deed or another nonprobate transfer, and how to prepare and record it properly. Recording errors can cause the transfer to fail.

5) Revocable living trusts

A properly funded revocable living trust can transfer most of your assets to beneficiaries without probate. You create the trust, transfer title of assets into it while you are alive, and name successor trustees and beneficiaries. At your death the successor trustee distributes trust assets according to the trust document without a court probate. Trusts involve drafting and funding steps; assets left outside the trust may still require probate.

6) Small estate procedures and other streamlined options

Utah law provides streamlined procedures for small estates and certain nonprobate transfers. The availability and limits of those procedures can change, so check current Utah law (Title 75) or court guidance before relying on them.

Example (hypothetical)

Sam and Alex are married with two children. They want each other to inherit most assets without probate and to leave the remainder to their children. A typical plan that often works in Utah might include:

• Retitling bank accounts and investment accounts as joint accounts with right of survivorship or naming POD/TOD beneficiaries for accounts they want to pass outside probate;
• Keeping life insurance and retirement account beneficiary forms up to date (naming the spouse, then the children as contingent beneficiaries);
• Placing most assets in a revocable living trust and retitling those assets to the trust to avoid probate for trust assets;
• Using a will as a backup to catch any assets inadvertently left out of the trust (a “pour-over” will).

That combination can reduce the assets that need probate, but the specifics (tax, creditor exposure, Medicaid planning, and title work) require careful review.

Practical steps to implement a plan that avoids probate

1. Make an inventory of assets and how each asset is titled (individual name, joint, trust, beneficiary on file).
2. Check beneficiary designations on all life insurance and retirement plans. Update them to reflect your current wishes.
3. Decide whether joint ownership, POD/TOD designations, beneficiary deeds (if available), or a trust best fit each asset type.
4. If using a trust, make sure you properly fund it — transfer titles and change account registrations to the trust where appropriate.
5. Prepare a will as a safety net for any asset not transferred by other methods (a pour-over will if you have a trust).
6. Review your plan after major life events and at least every few years.
7. Get a qualified Utah estate-planning attorney to review documents and handle deed and title changes to avoid costly mistakes.

Where to read the law and get local forms

Utah statutes on probate, trusts, and fiduciaries are collected in Title 75 of the Utah Code: https://le.utah.gov/xcode/Title75/75.html. For general court information and self-help resources from the Utah Courts, start at the Utah Courts website: https://www.utcourts.gov/. For questions about recording deeds or property transfers, check with the county recorder’s office where the property is located.

Important: statutes and court rules change. The general guidance above explains common tools to avoid probate, but the right choices depend on your facts.

This is not legal advice. It is general information about Utah law intended to help you identify issues and next steps. Consult a licensed Utah attorney to apply the law to your situation.

Helpful Hints

• Label each asset: probate asset vs. nonprobate asset (life insurance, retirement accounts, POD/TOD, jointly titled).
• Beneficiary forms usually trump wills. Keep them current and consistent with your estate plan.
• Don’t add a child or friend as a joint owner just to avoid probate — that can expose the asset to their creditors and has tax and control implications.
• A trust avoids probate only if you transfer the asset into the trust while you’re alive. “Funding” the trust is essential.
• Record any deed changes correctly at the county recorder’s office. Mistakes can cause the transfer to fail and force probate.
• Review beneficiary choices for retirement plans after divorce: federal and state rules (and plan rules) can affect who receives benefits.
• When in doubt, get a short consultation with a Utah estate-planning attorney to confirm that your documents work together and that you have actually avoided probate where intended.