What the rule says
Utah provides three pathways to a valid will under the UPC framework:
Attested wills (Utah Code § 75-2-502)
A valid Utah attested will requires:
1. A writing. 2. The testator's signature. 3. Two witnesses. Two witnesses must sign within a reasonable time after observing the testator's signing or acknowledgment.
Holographic wills (Utah Code § 75-2-502(2))
A Utah holographic will is valid if:
1. Material provisions in the testator's handwriting. 2. Signed.
Harmless-error doctrine (Utah Code § 75-2-503)
Defective documents can be probated with clear and convincing evidence of testamentary intent.
Self-proving affidavits
Utah recognizes self-proving affidavits under standard UPC framework.
What you can do about it
For a Utah will execution:
- Have the testator and at least two witnesses present. - Use the self-proving affidavit. - Sign at the end of the document. - Avoid using beneficiaries as witnesses.
For handwritten emergency or interim instruments, Utah's flexible holographic rule provides a valid backup.
Who this affects most
Utah's flexible three-pathway framework reduces execution risk significantly. Most reliable approach is attested wills with self-proving affidavits.