What Is a Will, and Why Is It Important?

Creating a will is a crucial part of making sure your wishes are honored and your loved ones are cared for after you're gone. At EVN Law, we're committed to helping our clients understand their estate planning options so they can make informed, confident choices. In this article, we'll break down how a will functions, why having one is so important, and how pairing a will with a trust can offer added protection and peace of mind. Follow our Blogs for more information on Estate Planning….

What Is a Will, and Why Is It Important?

A will (also called a last will and testament) is a legal document that spells out your final wishes. It lets you:

• Distribute assets the way you want—not the way the state decides.
• Appoint a guardian for your children in case the unexpected happens.
• Name an executor to handle your estate and carry out your instructions.
• Avoid family conflict by making your intentions legally clear.

Without a will, Utah's intestacy laws decide who inherits your property—and it may not be who you'd choose.

How a Will Works

1. Drafting the Document
   You work with an attorney to list your assets, name your beneficiaries, and choose your executor and guardian(s).
2. Signing & Witnessing
   In Utah, you'll sign the will with at least two witnesses (not beneficiaries) to make it legally binding.
3. Safekeeping
   Store your will somewhere safe and tell your executor where to find it.
4. Probate
   When you pass, your will may go through probate—a court process that validates the will and oversees distribution. A clearly written will can make this smoother for your family.

Executing the Will

For your will to be legally valid, it must be signed in accordance with your state's laws. In Utah, that means signing in front of at least two witnesses who must also sign. These witnesses should not be beneficiaries to avoid conflicts of interest.

Storing the Will

Once your will is signed, store it in a safe but accessible place. Let your executor and trusted family members know where to find it when the time comes.

Probate Process

After your death, your will may need to go through probate—a legal process where a court validates the will, authorizes the executor, and ensures all debts and taxes are handled before assets are distributed. A well-prepared will can make this process smoother, and in some cases, a living trust can help avoid probate altogether.

Should You Add a Trust?

While a will is essential, many people choose to set up a living trust alongside it. Why?

• Avoid probate—Trust assets skip the court process.
• Protect privacy—Trusts don't become public like wills do.
• Provide for minors—Set rules for how and when assets are distributed.
• Plan for incapacity—A trust can manage your finances if you can't.

How EVN Law Supports You

✅ Tailored Legal Advice
We listen carefully to understand your specific needs and long-term goals, providing guidance that fits your life.

✅ Complete Estate Planning Services
Whether it's wills, trusts, powers of attorney, or healthcare directives, we help you create a thorough and effective plan. Our in-house notaries and witnesses make sure you leave with fully executed documents.

✅ Continued Support as Life Changes
We're here for the long haul—ready to update and adjust your estate plan as your circumstances change.

Start Today—Secure Tomorrow
Avoid leaving your loved ones with confusion or legal hurdles. Reach out to EVN Law today to receive our easy-to-complete questionnaire and take the first step with our experienced estate planning team. We'll work with you to create a customized estate plan that brings peace of mind today and certainty for the road ahead.