Utah

At a Glance

Filing and timeline for death certificates in Utah.

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.

Who can order copies and where to obtain them.

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.

• –Utah Office of Vital Records and Statistics: https://vitalrecords.utah.gov/order-a-vital-record-certificate
• –Cost: approximately $30 for the first certified copy, $10 for each additional copy ordered at the same time.
• –In-person orders can be placed at most Utah Local Health Departments.

How do I get a death certificate in Utah?

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. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in Utah?

$30 per certified copy in Utah, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

At a Glance

When probate is required in Utah.

In Utah, probate is generally required if a deceased person's assets, not including certain exempt property, exceed $100,000 and are not 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.

If you die without a will in Utah (Intestate Succession).

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.

• –Surviving spouse and descendants (all of whom are also descendants of the spouse): Spouse inherits the entire estate.
• –Surviving spouse and descendants (at least one of whom is not a descendant of the spouse): Spouse inherits the first $75,000 plus one-half of the balance, and descendants inherit the rest.
• –Surviving spouse, no descendants: Spouse inherits the entire estate.
• –No surviving spouse or descendants: Parents inherit. If no parents, then siblings inherit. If no close relatives, the estate escheats to the state.

Avoiding probate in Utah.

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.

How long does probate take in Utah?

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.

What is the small-estate limit in Utah?

$100,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Utah?

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.

Does Utah allow transfer-on-death deeds?

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 are 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) ↗

Die without a will in Utah and this law picks your heirs.

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 does not matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• –Spouse only (no descendants or parents): everything.
• –Spouse + parents (no descendants): everything; parents get nothing.
• –Spouse + joint descendants: everything.
• –Spouse + blended family: first $75,000 plus half the balance; the decedent's descendants take the rest.
• –Source: Utah Code §§ 75-2-102 to 75-2-103

Children's shares.

The decedent's descendants take everything per capita at each generation: everyone in the same generation gets an equal share.

No spouse, no children: the line of succession.

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

What Utah requires for advance directives.

In Utah, an advance health care directive must be signed by the declarant and witnessed by two adults. Neither witness can be the agent, a health care provider, an employee of a health care provider, or an operator of a health care facility. At least one witness cannot be a relative by blood, marriage, or adoption, or entitled to any portion of the declarant's estate. While notarization is not legally required, it is often recommended for added legal weight.

Healthcare power of attorney in Utah.

Utah's Advance Health Care Directive combines the functions of a living will and a healthcare power of attorney. It allows you to appoint an agent to make medical decisions on your behalf if you become incapacitated and provides instructions for your end-of-life care.

POLST / MOLST forms in Utah.

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.

Where do I get Utah's advance directive form?

The controlling law is Utah Uniform Health Care Directive Act, Utah Code Title 75A, Chapter 9, Part 1, linked as this section's source. Most people use the free statutory form: Utah's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Utah require a notary or witnesses for an advance directive?

Utah requires 2 adult witnesses; notarization is not required. Anyone 18 or older of sound mind can make one.

At a Glance

Cremation rules in Utah.

Utah law does not 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 prior to cremation. Simultaneous cremation of more than one person is prohibited unless specific written authorization is obtained from each authorizing agent.

Green burial and alternatives in Utah.

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.

• –Green burial: Legal and available in various cemeteries.
• –Human composting (natural organic reduction): Legal as of May 1, 2024, under SB 102.
• –Alkaline hydrolysis: Permitted as an alternative disposition method.
• –Home burial: Generally allowed, check local ordinances.

Funeral home regulations in Utah.

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.

At a Glance

Utah does not have a state estate tax.

Utah does not impose a state estate tax. Residents of Utah are only subject to the federal estate tax if their estate exceeds the federal exemption amount.

Utah does not have an inheritance tax.

Utah does not impose an inheritance tax. Beneficiaries inheriting property from a deceased Utah resident will not owe state inheritance tax.

Federal estate 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 One Big Beautiful Bill Act (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.

Does Utah have an estate tax?

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.

Does Utah have an inheritance tax?

No. Utah does not tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Registering as a donor in Utah.

In Utah, individuals aged 18 or older can register to be an organ, eye, and tissue donor. This 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.

• –Yes Utah Organ Donor Registry: https://www.yesutah.org/
• –Register at the Utah Division of Motor Vehicles (DMV) when obtaining or renewing a driver's license or state ID.
• –Indicate your wishes on your advance health care directive.

Your family cannot override your decision.

In Utah, as in all states that have adopted the Uniform Anatomical Gift Act, a registered organ donor decision is legally binding. Your family cannot override it. However, organ procurement organizations often consult families to ensure their understanding and support. It is highly recommended to discuss your wishes with your family to avoid potential conflicts or distress during a difficult time.