An organized estate-planning binder

Estate planning · Last will and testament

A will says what you want. Probate is how a will gets used.

It names guardians. It names who inherits. It does not keep a house out of court.

A will is instructions for a court

A last will and testament speaks after you die. Someone files it. A judge’s process — probate — is how those instructions get carried out.

In Davis County, that file is at the Second District Court in Farmington, 800 West State Street. In Salt Lake County, it’s the Third District Court downtown. There isn’t a separate probate court in Woods Cross, Kaysville, or Layton.

This is where you name a guardian

If you have minor children, the will is where you name who should raise them. Without that nomination, a judge chooses.

I wrote about naming backup parents. Name a first choice and a backup. Tell them.

The will does not run every account

A 401(k), an IRA, and a life insurance policy pay the person on the beneficiary form. The will does not override that form.

Payable-on-death and transfer-on-death accounts work the same way. I wrote about beneficiary designations and about POD and TOD forms.

A will alone, or a will behind a trust

A will-only plan can fit a renter with simple accounts. If you own a home, I usually pair a revocable living trust with a pour-over will.

The pour-over will catches anything that never made it into the trust. It is the safety net. It is not a substitute for funding the house. The comparison is in will or trust.

It is part of the plan, not a standalone product

I don’t sell a will by itself off a menu. It comes with the rest of the package: the trust when you need one, the financial powers of attorney, and the health care documents.

Individual plans start at $2,500. Joint plans start at $3,500. See the pricing page and the estate planning overview.

Book a consultation if you want me to look at what you have. I’m licensed in Utah, Arizona, and Texas.

Jon Miller Law, PLLC1010 North 500 East, Suite 200North Salt Lake, UT 84054(801) 872-9889

Related pages

Other pieces of the plan

Where I sit

Local pages, same office

  • Farmington

    Davis County probate is opened in this city.

  • Kaysville

    No Kaysville courthouse. The file would be in Farmington.

  • Woods Cross

    Same county. Same Farmington court.

  • Layton

    Largest city in Davis County. Still the Farmington court.

Questions people ask

No. A will is what the probate court follows. Informal probate typically takes 6–12 months. A funded trust is how assets in the trust skip that file. The will still has a job. It just isn’t the job of keeping the house out of court.

This is general education, not legal advice for your situation.

Ready when you are

Bring the will you have. I’ll tell you what it actually does.

A thirty-minute conversation. No pressure, no hourly meter. We’ll figure out what you actually need.

Call or text (801) 872-9889