Reading of Wills in Utah

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    Creating a Will

    • When a person creates a last will and testament, she can include any terms or provisions she wishes as long as none of them violate the laws. Nearly anyone can create a will in Utah. All that is required is that you be an adult of sound mind and make the will in writing. The person making the will, called a testator, has to sign the will or direct someone to sign on her behalf and do so in the presence of two witnesses who must then sign and affirm that they saw the testator sign.

    Probating a Will

    • A will only takes effect after the testator dies. After that, the person or organization nominated in the will to oversee the distribution of estate property, called a personal representative, has to take the will to court and start the probate process. The court will determine if the will meets all Utah state requirements. While the court must determine the will's validity, that doesn't mean it must be read to the potential heirs and beneficiaries.

    Settling the Estate

    • Once the court appoints the personal representative, it is up to the representative to settle the estate. The representative must account for all estate property, determine what, if any, outstanding debts remain and then use estate assets to pay those debts. Once the debts are accounted for, the representative can distribute property to the heirs named in the estate. There is no requirement that the representative read the will aloud to anyone.

    Reading a Will

    • While there is no legal requirement that the executor read the will, that doesn't mean you cannot do it. If, for example, a testator adds a clause in the will that the executor has to assemble all his family members and reveal the terms of the will before property gets distributed, he may choose to do so. There is little use in doing this, but there is nothing preventing it from happening either.

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