Detailed answer — how Utah law treats wills, beneficiary designations, and transfer-on-death instruments

Short answer: Possibly. A will controls only what passes through probate. In Utah, many assets can pass outside probate by title, joint ownership, or a beneficiary designation (payable-on-death or transfer-on-death). If you want your daughter to receive certain assets quickly and outside of probate, you should use the appropriate nonprobate tools in addition to your will.

How wills work in Utah

A will is your legal instruction for distributing probate assets after you die. To take effect, the will generally must be filed in probate court. Probate can take time and may involve filing fees, notices to creditors, and court oversight. For an overview of wills and probate procedures in Utah, see the Utah Courts resource on wills and probate: https://www.utcourts.gov/howto/wills/ and the Utah Probate Code (Title 75): https://le.utah.gov/xcode/Title75/.

Which assets bypass probate

Assets that typically pass outside probate include:

• Bank accounts or investment accounts with payable-on-death (POD) or transfer-on-death (TOD) beneficiaries.
• Retirement plans and IRAs with named beneficiaries (those beneficiary designations generally override a will).
• Life insurance proceeds with a named beneficiary.
• Real estate titled in joint tenancy with right of survivorship (the survivor keeps the property).
• Real property transferred by a recorded revocable transfer-on-death (TOD) deed (if you use Utah’s recognized beneficiary-deed mechanism).

Because those assets pass by title or contract, a will that leaves “all my property” to someone cannot move assets that already have an enforceable nonprobate beneficiary or survivorship title.

Transfer-on-death deeds (real estate) in Utah

If you own real property and want it to pass directly to your daughter without probate, a transfer-on-death deed (sometimes called a beneficiary deed) can accomplish that if Utah law recognizes and permits this method and if you follow the required recording steps. A validly recorded beneficiary/TOD deed typically takes effect only on death and can be revoked while you are alive. Recording the deed is crucial; an unrecorded or improperly executed document may not achieve the intended result.

Payable-on-death (POD) and beneficiary designations (bank accounts, retirement, life insurance)

For bank and brokerage accounts you can name your daughter as a POD or TOD beneficiary. For retirement accounts and life insurance, you name beneficiaries on the plan policies or account forms. These beneficiary designations usually override any language in a will. That means if a retirement account names someone else (or no one), the account will pass according to the plan’s beneficiary form or plan rules, not by your will.

Common conflicts and surprises

• If you have a will leaving everything to your daughter but a bank account that lists another person as POD, the bank account will pass to the POD designee, not under the will.
• If property is jointly titled with another person with right of survivorship, the survivor becomes the sole owner automatically at death.
• Some assets have small-balance simplified probate or small estate transfer procedures; using these may reduce the need for full probate depending on asset value.
• Creditors’ claims can still affect probate assets; nonprobate transfers may avoid probate but do not necessarily eliminate creditor claims depending on timing and law.

When a will alone might be enough

If all of your assets are titled in your individual name and you are comfortable going through probate (or the estate is small enough that simplified procedures apply), and you want court supervision for distribution, then a will might be sufficient. But if you want faster access to funds or to avoid probate costs and public filings, nonprobate mechanisms are useful additions.

Practical steps to make sure your daughter gets what you intend

1. Inventory your assets and note how each is titled (individual, joint tenancy, beneficiary-designated).
2. Review and, if necessary, update beneficiary forms on retirement accounts, IRAs, life insurance, and bank accounts so they name your daughter if that is your wish.
3. If you own real estate, consider a properly executed and recorded transfer-on-death beneficiary deed if you want to avoid probate for that property.
4. Coordination: make sure your will, beneficiary forms, and any deeds say what you intend and do not conflict.
5. Consult an estate planning attorney to prepare and record documents correctly and to discuss potential issues like creditor exposure, taxes, Medicaid planning, or special circumstances (minor beneficiaries, blended families, special needs).

For more on how Utah treats probate and wills, consult the Utah Courts and the Utah Code (Title 75): https://www.utcourts.gov/howto/wills/ and https://le.utah.gov/xcode/Title75/.

Bottom line: A will that leaves everything to your daughter is an important document, but it does not automatically transfer assets that already have separate beneficiary designations or that are titled jointly. If your goal is to avoid probate for certain assets or speed the transfer, use TOD/POD instruments and keep beneficiary forms current in addition to your will.

Helpful Hints

• Check account beneficiary forms today — they are easy to update and often override a will.
• Record a transfer-on-death deed for real estate only after confirming Utah’s requirements and proper form and recording procedures with your county recorder or an attorney.
• Don’t assume joint title is the same as a beneficiary designation; joint ownership has different legal consequences (including potential unintended gifts during life).
• Keep copies of signed documents and record deeds promptly; an unrecorded deed or missing beneficiary form can defeat your intentions.
• Coordinate all documents: beneficiary forms, deeds, and wills should reflect the same intent to avoid conflicts and litigation after your death.
• Consider tax and creditor consequences — avoiding probate may speed transfer but won’t always protect against creditor claims or taxes.
• If your daughter is a minor or has special needs, discrete planning (trusts, guardianship planning) may be necessary to protect her interests.
• When in doubt, consult a Utah-licensed estate planning attorney to prepare and review deeds, beneficiary forms, and your will.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. Laws change, and the facts of each situation matter. To apply this information to your situation, consult a licensed Utah attorney.