The Stress-Free Way to Pass a Utah Property to Your Family

What happens to your property if something happens to you? Will your family face months of court delays, piles of paperwork, and thousands in legal costs, all while grieving your loss? I once believed a living will was enough to prevent that, after being told it was the best way to protect my family and our real estate. But the hard truth is this: a will alone won’t spare your loved ones from probate.

I recently sat at the closing table with a client who spent a year settling her mother’s estate. Because she only had a will, probate dragged everything out. She managed accounts, paperwork, and showed up with two thick folders of documents. A full year passed before she could sell the house, something a trust would have prevented.

Why a will alone still leaves your family stuck in court. A living will does provide some direction. It tells the court how you want your property handled after your passing. But here’s the catch: it doesn’t bypass the court system. Everything still has to go through probate before your heirs can receive their share.

Probate is both slow and costly. It can drain thousands of dollars in fees and drag on for three, six, or even twelve months. And in the end, it’s a judge, not your family, who decides who the personal representative will be and how your property is divided.

How a trust keeps everything simple and stress-free. A trust works differently. It avoids probate entirely by naming who will manage your estate, how your property will be divided, and ensuring everything is protected in advance. With trust, there’s no judge, no court delays, and no uncertainty.

For families already coping with loss, this makes a world of difference. Instead of carrying the added weight of legal hurdles and financial strain, they can focus on healing.

What I learned after having this conversation with my own family. After watching my client go through such a difficult process, I had the same conversation with my own family. I discovered that we only had wills in place. Thankfully, we’ve since created a trust. Now we know we’ve saved ourselves and our loved ones from unnecessary grief, stress, and expense.

Why now is the time to talk with your loved ones. I’m a real estate agent, not an attorney. But I encourage you to talk with your family about how their assets are set up. Having that conversation now can make things far easier later.

If you’d like some guidance, feel free to reach out to me at (801) 450-0997 or doug@dougcary.com. I’d be happy to talk with you and connect you with a few trusted estate planning attorneys here in Utah.