Do You Need a Living Trust? What Utah Residents Should Know

Estate planning isn’t just for the wealthy—and it’s not just about writing a will.

One powerful tool many Utah families are now using is a living trust. But do you actually need one?

At Daniel W. McKay & Associates, PLLC, we help clients make sense of their estate planning options and choose the tools that best protect their loved ones, their assets, and their peace of mind.

What Is a Living Trust?

A living trust (also called a revocable trust) is a legal document that allows you to transfer ownership of your assets into a trust during your lifetime—while still maintaining control over them. Upon your death, a designated successor trustee steps in to manage or distribute those assets according to your instructions.

Unlike a will, which must go through probate, assets in a living trust can be distributed privately and more quickly.

What Are the Benefits of a Living Trust in Utah?

Utah, like most states, requires probate for estates without proper planning. A living trust offers several key advantages:

Avoids Probate: Assets held in a living trust bypass the Utah probate courts, saving your loved ones time, money, and paperwork.
Maintains Privacy: Unlike a will, which becomes public record, a trust remains private.
Supports Incapacity Planning: If you become incapacitated, your successor trustee can manage your affairs without the need for a court-appointed guardian or conservator.
Provides Greater Control: You can include specific instructions—such as staggered distributions to young beneficiaries or provisions for special needs children.

Do You Need a Living Trust?

A living trust isn’t a one-size-fits-all solution. Here are a few situations where one might make sense for you:

You own real estate in multiple states
You want to avoid probate delays or costs for your family
You have a blended family and want to clarify who receives what
You wish to protect beneficiaries from themselves (or others)
You want privacy about your estate’s details

However, if your estate is small, your assets are simple, or you’re primarily concerned with guardianship for young children, a well-drafted will might be sufficient.

How We Help at Daniel W. McKay & Associates, PLLC

Creating a living trust involves more than just filling out a template. Our estate planning attorneys:

Help you understand whether a trust is right for you
Draft customized trust documents based on your goals
Assist in funding the trust (retitling assets properly)
Ensure your trust works seamlessly with your will, powers of attorney, and other estate tools

We guide you through every step—because estate planning should feel empowering, not overwhelming.

Call us at (801) 798-8000
Visit www.dmckaylaw.com to learn more about our estate planning services.