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MORTL → State Guides → Utah
State Guide
What Utah law actually says about death, probate, cremation, advance directives, and estate taxes. No legal jargon. Just what you need to know.
Someone just died in Utah? The first 24 hours, step by step →
Guide Status
● Last reviewed August 2026
Laws change. Each section shows when it was last verified. Always confirm with a licensed Utah attorney for your specific situation.
This is general information, not legal advice. Utah law changes. Your situation is specific. For anything that matters, talk to a licensed Utah attorney. Our directory doesn't list attorneys, so you'll find one on your own.
The short answer
In Utah, estates under $100,000 can skip full probate through a simplified process or affidavit. Cremation has no statutory waiting period. There's no Utah estate or inheritance tax. Every figure below names its source and the date it was checked.
Reviewed August 2026 · Utah
Someone just died in Utah: the first 24 hours →Verified providers in Utah →
Last verified: August 7, 2026
Source: Utah Code Section 26B-8-114 ↗At a Glance
File within 5 days · Restricted for 25 years · Then public
A death certificate for each death that occurs in Utah must be filed with the local registrar of the district in which the death occurs within five days after the death and before final disposition of the body. Funeral service establishments are typically responsible for completing and filing the death certificate.
Ask each bank, insurer, court, agency, and property office whether it requires a certified copy. Order an initial quantity based on those actual needs, and confirm the current fee and process for ordering more.
Certified copies of death certificates can be ordered by the deceased's surviving spouse, parent, child, sibling, grandparent, or grandchild. Other individuals must provide proof of legal need. Copies can be obtained from the Utah Office of Vital Records and Statistics or local health departments.
Source: Utah Vital Records Fee Schedule, effective July 1, 2026 ↗
Order certified copies from Utah's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Ask each bank, insurer, court, and agency whether it needs its own certified copy before you decide how many to order.
$35 per certified copy in Utah, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.
Last verified: August 9, 2026
Source: Utah Code Title 75, Chapter 3 ↗At a Glance
Small estate threshold vs. national average
In Utah, probate is generally required if a deceased person's assets, not including certain exempt property, exceed $100,000 and aren't held in a trust or other probate-avoiding mechanisms. If the estate consists solely of personal property valued at $100,000 or less, it may be collected by affidavit without formal probate.
Probate in Utah can take several months to over a year, depending on the complexity of the estate and court caseloads. Costs typically include court fees, attorney fees, and executor fees.
If a person dies in Utah without a valid will, their assets are distributed according to the state's intestate succession laws. The distribution depends on the surviving family members.
Common strategies to avoid probate in Utah include establishing a revocable living trust, which holds assets for beneficiaries and bypasses the probate process. Other methods include designating beneficiaries on accounts (payable-on-death or transfer-on-death) and holding property in joint tenancy with right of survivorship.
A straightforward Utah probate typically runs several months to over a year, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.
$100,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.
Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.
No will yet, or one that's out of date? How to write a will covers what belongs in one and the signing requirements, step by step. The rules on this page are what Utah law adds.
Yes. Utah authorizes the transfer on death deed under Utah Code §§ 75-6-401 to 75-6-419 (Uniform Real Property Transfer on Death Act). Record it while you’re alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. Utah adopted the uniform act in 2018; record the deed with the county recorder before death for it to work.
Source: Utah Code §§ 75-6-401 to 75-6-419 (Uniform Real Property Transfer on Death Act) ↗
Utah doesn't require a private employer to give bereavement leave, paid or unpaid. Whatever you get is your employer's policy, and it can be changed or refused.
Who it covers. No private employer is covered. Utah's only bereavement leave statute reaches public employers alone (state agencies, the Utah Board of Higher Education and its institutions, counties, and municipalities), and even there it applies only to pregnancy loss.
How much. None required of private employers. Public employers must give at least three work days of paid bereavement leave, and only after a pregnancy ends by miscarriage or stillbirth. Utah requires no leave for any other death, in the public sector or the private sector.
Paid or unpaid. n/a for private employers. The public-employer pregnancy-loss leave is paid.
Federal law adds nothing here. The qualifying reasons on the U.S. Department of Labor's WHD FMLA FAQ (https://www.dol.gov/agencies/whd/fmla/faq) are birth and bonding, adoption or foster placement, care for a family member with a serious health condition, the employee's own serious health condition, and the two military-family provisions. Bereavement isn't one of them, so no federal law requires an employer anywhere in the country to give time off for a death or a funeral. Utah's pregnancy-loss rule is real but narrow on both axes: public sector only, and only when a pregnancy ends by miscarriage or stillbirth. A Utah city, county, state or university employee whose parent, spouse or child dies has no statutory leave, and neither does anyone working for a private employer in Utah. Private employees get whatever the employee handbook says and nothing more.
Yes. Utah enforces pet trusts under Utah Code § 75-2-1001, so money you set aside for an animal is legally binding on whoever you put in charge of it. The trust ends when no animal it covers is still living. Utah sets no year limit on a pet trust, so a young parrot or a horse is covered for the whole of its life. Whoever you name in the trust enforces it, and if you name nobody, any person can ask a court to appoint someone. A judge can also move the money to a different trustee if the one you picked won't serve or won't do what you asked for. A judge can cut the amount back, but only if it substantially exceeds what your animal's care needs, which is a higher bar than the uniform version of this law sets. Unless your trust says where the extra should go, it follows your will's residuary clause when you set the trust up in your will, and otherwise goes to your heirs. Utah's statute covers a designated domestic or pet animal, so name each animal in the trust instead of leaving it at 'my pets'. Utah also says nothing about removing an enforcer who stops doing the job, which the uniform version of this law does cover, so name the caretaker, the person who enforces the trust, and a backup for each yourself.
Last verified: July 17, 2026
Source: Utah Code §§ 75-2-102 to 75-2-103 ↗If you die intestate (without a valid will) in Utah, Utah Code §§ 75-2-102 to 75-2-103 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted doesn't matter. Only a signed will changes these defaults.
In a blended family, nonprobate transfers the spouse already received (joint accounts, beneficiary designations) count against the spouse's $75,000-plus-half share. Stepchildren inherit before the state does.
What your spouse inherits depends on who else survives you. The four common family shapes:
The decedent's descendants take everything per capita at each generation: everyone in the same generation gets an equal share.
After descendants the estate goes to the parents equally, then to the parents' descendants, then half each to the paternal and maternal grandparents or their descendants, then to the descendants of a deceased spouse (stepchildren); only after all of that does it pass to the state for the school fund (§ 75-2-105).
At a Glance
Living Will
Specifies end-of-life care wishes
Healthcare Proxy
Names a decision-maker for you
DNR / POLST
Do-not-resuscitate orders
Utah replaced its directive law effective January 1, 2026. Under the Uniform Health Care Decisions Act, an advance health care directive is a power of attorney for health care, a health care instruction, or both. A health care instruction doesn't have to be in a record at all and needs no witness. A power of attorney for health care has to be in a record, signed by you, and signed by one adult witness. Utah doesn't require notarization and no longer requires a second witness. The witness can be with you in person, on video, or on a live audio call if they know you or can verify who you are.
Your one witness can't be the agent you're naming or that agent's spouse or live-in partner, and if you live in or are being cared for at a nursing home or assisted living facility, the witness can't be an owner, operator, employee, or contractor of that facility. The old rules about relatives and heirs are gone. (Utah Code § 75A-9-107)
Source: Utah Code § 75A-9-107 (power of attorney for health care) ↗
A power of attorney for health care lets you appoint an agent to make medical decisions when you can't, and it can carry your health care instructions in the same document. Some people are disqualified from serving as your agent: anyone a court finds to be a danger to your well-being, and an owner, operator, employee, or contractor of the nursing home or assisted living facility where you live or are being cared for, unless that person is family, your live-in partner, or that partner's descendant. Utah also lets you write a directive that covers mental health care only.
Utah recognizes Physician Orders for Life-Sustaining Treatment (POLST) forms. These are medical orders for individuals with serious illnesses, providing specific instructions for current medical conditions. POLST forms are distinct from advance directives, which are for future medical care decisions.
Start with Utah Uniform Health Care Decisions Act, Utah Code Title 75A, Chapter 9 (enacted by Ch. 439, 2025 General Session, effective Jan. 1, 2026), linked as this section's source. Use the current form or sample that the official source provides or identifies. Form authority and execution requirements vary by state, so confirm the source before signing and get legal help if your situation or the instructions are unclear.
Utah requires 1 adult witness; notarization isn’t required. Anyone 18 or older of sound mind can make one.
Last verified: August 7, 2026
Source: Utah Code Title 58, Chapter 9, Part 6, Section 610 ↗At a Glance
Utah law doesn't impose a mandatory waiting period between death and cremation. However, a death certificate must be filed within five days of death and before final disposition. Authorization from the legal next of kin is required before cremation can proceed. Pacemakers and other potentially hazardous implants must be removed before cremation. Simultaneous cremation of more than one person is prohibited unless specific written authorization is obtained from each authorizing agent.
Green burial is legal in Utah, allowing for natural decomposition without embalming, concrete vaults, or non-biodegradable containers. Human composting (natural organic reduction) was legalized in Utah with the passage of SB 102, effective May 1, 2024. Alkaline hydrolysis (water cremation) is also permitted. Home burial is generally allowed in Utah, subject to local zoning and health regulations.
Funeral homes in Utah are licensed and regulated by the Utah Division of Occupational and Professional Licensing (DOPL). They must comply with the FTC Funeral Rule, which requires them to provide an itemized general price list to consumers and prohibits them from requiring the purchase of certain goods or services as a condition for providing others.
Utah sets this order by statute. The first person on the list who is available and willing decides, and a funeral home takes its instructions from them.
Naming someone in advance. A separate written instrument, not the advance health care directive: Utah Code § 58-9-602(1)(a) recognizes a written instrument acknowledged before a notary public or executed with the same formalities required of a will under § 75-2-502, and expressly excludes a power of attorney that terminates at death under § 75A-2-110. § 58-9-602(1)(b) separately recognizes a service member's federal Record of Emergency Data, DD Form 93 or successor form. A will nominating a personal representative also carries weight, at tier 3 and (if executed after the marriage) ahead of the spouse.
When the same tier disagrees. Utah Code § 58-9-605: notwithstanding §§ 58-9-601 through 58-9-604, the probate court for the county in which the decedent resided may award the right of disposition to the person the court determines is 'the most fit and appropriate to carry out the right of disposition' and may make decisions regarding the remains 'if those sharing the right of disposition cannot agree.' Practical backstop in § 58-9-606(4): where at least two people in the nearest class are equal in priority and the funeral service director has no knowledge of an objection from other class members, the director may rely on the instructions of the first person in the class to make arrangements.
Utah is unusual in ranking a will-nominated personal representative above the surviving spouse when the will was executed after the marriage. Under § 58-9-603 a person forfeits the right if charged with first or second degree murder or voluntary manslaughter connected to the death and the charges are known to the funeral service director (the right returns if charges are dropped or the person is acquitted), or if the person does not exercise the right within three days of notification of the death or five days of the death, whichever is earlier; the section also defines 'estranged' as physical and emotional separation existing long enough to clearly demonstrate an absence of affection, trust, and regard.
Three separate pots of money, on three different agencies' websites, collected nowhere. A family that qualifies for all three usually claims none of them.
1. When nobody can pay. No state program. Each county runs its own, and most of what counties pay for is cremation. The county where the death happened. In Salt Lake County it's the Health Department Vital Records Office, 385-468-4230.
What it pays. Not published as a dollar figure, at the state level or at the county level I checked. Utah Code 26B-8-225 says "a county shall provide, at the county's expense, decent disposition of an unclaimed body found in the county," and sets no amount. Utah Code 10-8-74 says cities "may provide for the burial of the indigent dead and pay the expenses thereof," and sets no amount either. Salt Lake County pays for cremation through a contracted mortuary and publishes no cap, only a list of what it won't pay for. Utah Code 17-53-221, the old county tax for "care, relief, and burial of indigents," was repealed on 11/6/2025, so don't rely on anything that still cites it.
What disqualifies you. Set by each county. Salt Lake County publishes two tracks, and the second one matters most to a family with no money. If there's no known next of kin: the person died inside Salt Lake County, had annual individual income under 150% of the federal poverty level, and had no life insurance, burial insurance, or prepaid funeral plan. If there is next of kin: the person met those same three tests, and the next of kin's household income is under 150% of the federal poverty level and they hold no life insurance, burial insurance, or prepaid plan for the person, or they're unwilling to take responsibility for the remains and no friend or other individual or organization will either. The county is the payer of last resort and won't pay for a funeral or memorial service, an urn or container for the cremains, interment or burial costs, or transporting the cremains anywhere.
2. If the death was caused by a crime. Up to $14,000. Utah Admin Code R270-1-3, effective 12/8/2023, says the office may pay "up to $14,000 for any reasonable and necessary expense related to the funeral and burial of a victim," plus "up to $1,000 for a secondary victim's travel to the funeral and burial," plus "66 2/3% of a secondary victim's lost earnings that are related to the funeral and burial" for up to three days if that person lives in the same state as the funeral and five days if they live in a different state. There are no sub-caps for a headstone, flowers, or burial clothing. The rule's language is broad: any reasonable and necessary funeral and burial expense.
Utah crime victim compensation ↗
3. Money the person was already owed. Search Utah's unclaimed property before you borrow anything. Searching and claiming are free.
Utah has no state burial fund. What exists is a county duty and a set of county programs, and they mostly pay for cremation. What to do, in order. 1. Call the county where the death happened, not where the family lives. Utah Code 26B-8-225 puts the duty on the county where the body is found. In Salt Lake County, call the Health Department Vital Records Office at 385-468-4230 and ask for the Application for Assistance, Disposition of Indigent Remains. Other counties handle it through the county clerk, the commission, or the county attorney's office, so ask who takes indigent disposition applications. 2. Say out loud that you can't afford it. Salt Lake County has a whole track for cases where the next of kin exists and can't pay, or won't take responsibility. You don't have to be unfindable or estranged to qualify. Expect to document income: pay stubs, a W-2 or 1040, a Social Security or VA award letter, a pension statement, an unemployment statement. 3. Know what you're getting. Salt Lake County pays for cremation by its contracted mortuary. It won't pay for a service, an urn, a burial plot, interment, or shipping the ashes. If the death was a homicide, the county may bury the person instead, at its discretion, in a plot it pays for. 4. Don't sign a funeral contract first. The county is the payer of last resort, and a signed contract puts the bill on you. 5. If the person died because of a crime, apply to the Utah Office for Victims of Crime, 801-238-2360 or 800-621-7444, crimevictims@utah.gov. That's up to $14,000 for funeral and burial, well beyond what any county pays. The crime has to have been reported to law enforcement and you have to cooperate with the investigation and prosecution, except in sexual assault and non-fatal strangulation cases, where a victim service provider questionnaire can stand in for a police report. UOVC says processing runs about 60 to 90 days. 6. Search mycash.utah.gov, the State Treasurer's unclaimed property site, for money owed to the person who died.
Last verified: July 16, 2026
Source: Utah State Tax Commission ↗At a Glance
Utah doesn't impose a state estate tax. Residents of Utah are only subject to the federal estate tax if their estate exceeds the federal exemption amount.
The federal estate tax applies to estates over $15 million per person (2026), $30 million for married couples. This is separate from any state estate or inheritance tax. The Working Families Tax Cuts Bill (Public Law 119-21, 2025) made the higher exemption permanent, so the drop to roughly $7 million once scheduled under the Tax Cuts and Jobs Act never took effect.
Utah doesn't impose an inheritance tax. Beneficiaries inheriting property from a deceased Utah resident won't owe state inheritance tax.
The federal estate tax applies to estates over $15 million per person (2026), $30 million for married couples. This is separate from any state estate or inheritance tax. The Working Families Tax Cuts Bill (Public Law 119-21, 2025) made the higher exemption permanent, so the drop to roughly $7 million once scheduled under the Tax Cuts and Jobs Act never took effect.
No. Utah has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.
No. Utah doesn’t tax inheritances. Heirs owe no state tax on what they receive.
$15 million per person, $30 million for a married couple, indexed for inflation. The Working Families Tax Cuts Bill (Public Law 119-21, 2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.
Last verified: August 8, 2026
Source: Utah Code Section 26B-8-301 et seq. (Revised Uniform Anatomical Gift Act) ↗At a Glance
In Utah, you can register as an organ, eye, and tissue donor if you're an adult, an emancipated minor, or a minor at least 15 years old who is old enough to apply for a driver license (Utah Code § 26B-8-303). The decision is legally binding. Registration can be done online through the state's donor registry or when applying for or renewing a driver's license or state ID.
In Utah, a registered organ donor decision is legally binding. Nobody else can amend or revoke your gift after your death (Utah Code § 26B-8-307). One exception: if the donor is an unemancipated minor, a parent who is reasonably available can revoke or amend the gift (Utah Code § 26B-8-307(7)). Organ procurement organizations still consult families in practice, so discuss your wishes with your family ahead of time to avoid conflict or distress.
Source: Utah Code § 26B-8-307 (Preclusive effect of anatomical gift, amendment, or revocation) ↗
Need Help in Utah?
Wills, trusts, advance directives, and probate all benefit from a licensed professional. We've compiled a directory of funeral directors, grief counselors, hospice providers, and financial advisors. Sorted by state. Before a listing appears, we check the provider's phone and address against the provider's own website.
Find Help in Utah →From The MORTL Edit
Sources: Utah Code Title 26B (Public Health), Title 75 (Utah Uniform Probate Code), Title 75A (Fiduciaries), Title 58 (Occupations and Professions). Individual sections are updated and re-dated whenever a law changes, which is why the date at the top of the guide can be newer than this one. The whole guide also gets a front-to-back review on a schedule. Last front-to-back review: June 2026.
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