What happens if I die without a Will or Trust in Utah?

If you don’t have an estate plan when you pass, the government will come up with your plan for you. That plan may not reflect your wishes or protect the people you care about most.

When someone dies without a will or trust in Utah, their estate usually goes through a process called “probate.” Probate is a court-supervised process that can take months or even years, and often costs thousands in court and attorney fees.

Estate planning is really about shifting the burden. You can either do a little work now to get your wishes in writing, or your loved ones will do a lot more work later, when they’re already grieving.

Do I need a Trust, or is a Will enough?

A Will allows you to state your wishes regarding who should receive your property, but it usually still has to go through probate, which is a public court process. Probate can be time-consuming, expensive, and stressful for your loved ones.

A Revocable Living Trust avoids probate altogether. It allows your chosen successor to step in more quickly and manage things privately, without court involvement.

If you want to make things easier for your family, especially during a difficult time, a trust is often the better option.

I’m young and healthy. Do I really need an Estate Plan?

Estate planning isn't just for people who are older, wealthy, or nearing the end of life. Some of the most important parts of an estate plan protect you while you're alive, especially if something unexpected happens.

If you're in an accident or face a medical emergency and can't speak for yourself, your loved ones could be left without the legal authority to help. A good estate plan includes documents like:

• A medical power of attorney so someone you trust can make health care decisions

• A financial power of attorney so bills and accounts can be managed without court involvement

• An advance health care directive so your wishes are known and respected

These protections matter at any age. Estate planning isn’t just about what happens after you die, but about making things easier for the people you love while you're still here.

What documents are usually included in an Estate Plan?

A full estate plan is more than just a Will or Trust. It also includes documents that protect you while you're alive, not just after you're gone.

Most of my clients' plans include:

• A financial power of attorney so someone you trust can handle money matters if needed

• A medical power of attorney and advance health care directive to name who makes medical decisions and outline your wishes

• HIPAA authorization to allow loved ones access to important health information

• Final disposition instructions so your preferences for burial or cremation are clear, as well as instructions related to funeral arrangements

• A personal property memorandum or assignment for your meaningful belongings

All of these documents work together to create a clear, legally enforceable plan that helps your loved ones avoid stress and confusion.

What if I own a business?

If you own a business, even a small one, your estate plan should include instructions for what happens if you become incapacitated or pass away.

Without the right documents, your business could be tied up in probate or left without anyone clearly in charge. That can cause unnecessary stress or even financial loss for your partners, clients, or loved ones.

I help business owners:

• Transfer their business interest into a trust

• Include estate planning language in their LLC operating agreement

• Appoint someone to manage the business temporarily if they cannot

A solid estate plan keeps your business functioning and protects the people who rely on you.

How can LGBTQ+ couples and chosen families use Estate Planning to protect each other?

Estate planning gives you the power to name who matters to you. That is especially important if your family structure is not legally or biologically recognized, or if you are not married.

Without a plan, Utah’s default laws decide who has legal authority. That often leaves out partners, close friends, and chosen family members.

With the right documents, you can:

• Make sure your partner or chosen family has access to medical information and the ability to make decisions

• Name who should receive your assets, regardless of whether you are legally married

• Protect shared property, financial arrangements, and caregiving roles

These protections are especially important in uncertain times. If federal marriage protections were ever rolled back, estate planning would still let you safeguard your relationships and your wishes.

How much does Estate Planning cost?

I offer flat-fee estate planning packages that typically range from $1,200 to $3,100, depending on the level of planning you need.

A basic will-based plan is on the lower end of that range. A full plan that includes a revocable living trust, pour-over wills, powers of attorney, health care documents, HIPAA authorization, final disposition instructions, a personal property assignment, one quitclaim deed, and funding instructions is at the top of the range.

Unlike some larger firms, when you work with Whittier Law, you will work directly with me from start to finish. You will not be passed off to a paralegal after a quick consult. I will walk you through the entire process and make sure your plan is complete, clear, and tailored to your needs.

I also offer a free 15-minute consultation, and I reserve a limited number of sliding scale spots for clients with financial need.

What is the process of setting up an Estate Plan like?

The process is usually easier and faster than people expect. I walk you through everything from start to finish and make sure nothing gets overlooked.

Here is what it typically looks like:

1. Free consultation. We talk briefly by phone so I can understand your needs and answer any questions.

2. Design meeting. We meet to talk through your wishes, review your options, and gather the information needed to build your plan.

3. Drafting and review. I prepare your documents and send them to you to review. We will review all drafts together and make any changes needed.

4. Signing. We meet to finalize and sign everything.

5. Follow-up. I give you clear written instructions for funding your trust (if applicable) and organizing your documents.

The whole process usually takes about two to three weeks, depending on your availability, and you will have my support at every step.

How do I get started?

The first step is to schedule a free 15-minute phone consultation. You do not need to know exactly what kind of plan you need. I will ask a few questions, listen to your goals, and help you understand your options.

If you decide to move forward, we will schedule a design meeting and begin building your plan together.

You can request a consultation using the contact form on my website or by sending me an email. I will follow up with you personally to set a time that works.