Estate Planning Attorney in American Fork
Local Office, 30+ Years of Combined Experience, & Plans Built Around Your Family
At Stevens & Gailey, PLLC, we’ve maintained a physical office in American Fork since 2010, serving Utah County families with estate planning grounded in Utah law and local context. Our attorneys carry 30+ years of combined legal experience and bring that depth to every estate plan we build. Whether it’s a straightforward will or a layered trust structure designed to protect complex assets.
American Fork families often hold estates that include family-owned businesses, farms, and real property, each requiring a tailored approach. We take the time to understand what you own, what you want to protect, and who depends on you before we draft a single document.
Comprehensive estate planning at a price you can afford, with payment plans available. Schedule a free consultation by calling (801) 761-2124 or reaching out online. Se habla español.
Comprehensive Estate Planning Services
We offer a full range of estate planning services, including creating wills, establishing trusts, and preparing durable powers of attorney. Every engagement begins with a thorough review of your assets and liabilities so that your plan reflects your complete financial picture. From there, we develop a custom strategy that addresses estate distribution, healthcare decisions, and guardianship for minor children where applicable.
Last Will & Testament
A will is a foundational document that directs how your property is distributed at death. It allows you to name a personal representative to manage your estate through probate and, critically, to nominate guardians for any minor children.
Utah’s Probate Process
Even a well-drafted estate plan may leave some assets that must pass through probate. Probate is the court-supervised process of validating a will, inventorying assets, paying debts and taxes, and distributing what remains to beneficiaries. The Utah Uniform Probate Code governs this process statewide. For American Fork residents, that means filing with Utah County District Court. It is a public process that can be time-consuming and costly if not managed carefully. Our estate planning lawyers work directly with personal representatives and beneficiaries to move through Utah County District Court proceedings efficiently, minimizing delays and helping keep costs in check.
Key steps in Utah probate typically include:
- Filing the Will and Petition: The original will is filed with the Utah County District Court, along with a petition to open the estate.
- Appointment of a Personal Representative: The court formally appoints the executor named in the will or an administrator if there is no will to manage the estate.
- Notifying Heirs and Creditors: The personal representative gives legal notice to heirs and beneficiaries and publishes a “Notice to Creditors” in a local newspaper. Known creditors receive direct notice and have a limited window to file claims.
- Inventory and Appraisal: The personal representative identifies, inventories, and appraises all probate assets.
- Payment of Debts and Taxes: Valid creditor claims, funeral expenses, and applicable taxes are paid from estate assets.
- Distribution of Assets: Once debts and taxes are satisfied, remaining assets are distributed according to the will or Utah’s intestate succession laws if there is no will.
- Closing the Estate: After all distributions are made and legal requirements are met, the personal representative petitions the court to formally close the estate.
Dying Without a Will in Utah: How Intestate Succession Works
When a Utah resident dies without a valid will, their estate is considered intestate. Utah’s intestacy laws, codified in the Utah Uniform Probate Code, then determine who inherits, not the decedent. The result can be asset distribution that doesn’t reflect what the person would have wanted, along with complications for the surviving family.
Dying intestate can also mean the court appoints both a personal representative and, if there are minor children, a guardian. Those are choices that would otherwise be yours to make. Note that intestate succession applies only to assets that don’t pass by beneficiary designation, joint tenancy, or trust. A proactive estate plan puts those decisions back in your hands.
Driven by integrity, compassion, & commitment Why Choose Stevens & Gailey, PLLC?
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Trusted AdvisorsWhether facing complex legal challenges or high-value disputes, you need a firm you can trust. With extensive experience and a reputation for excellence, we are here to guide you through every step with confidence and expertise.
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Unwavering CommitmentYour success is our priority. Our dedicated team works tirelessly to deliver the best possible outcomes, offering personalized attention and a strategic approach that’s always focused on your needs.
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Tailored StrategiesHandling complex, high-stakes cases requires a deep understanding of financial intricacies. We specialize in managing high-net-worth cases, crafting personalized legal strategies designed to protect your assets and interests.
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Bilingual Legal ExpertiseWe’re proud to offer legal services in both English and Spanish. Our bilingual team ensures that language is never a barrier to receiving top-tier legal representation, providing clear communication for all our clients.
Frequently Asked Questions
At Stevens & Gailey, we work with Utah County families at every stage of the estate planning process. These are the questions we hear most often.
Why Do I Need an Estate Planning Lawyer?
Utah has specific execution requirements for wills, trusts, and powers of attorney. Documents that don’t meet those requirements can be invalidated, leaving your assets to be distributed by the state rather than according to your wishes. Our American Fork attorneys take the time to understand your financial goals, family structure, and legacy priorities, then build a plan that addresses all of them. That includes strategies to minimize tax exposure, reduce probate, and identify options such as charitable giving or special trusts that you might not have considered.
Can Estate Planning Help Avoid Probate?
Yes. A well-structured plan can significantly reduce or eliminate probate exposure. Trusts are among the most effective tools for this. Assets held in trust transfer directly to beneficiaries without going through court. For American Fork residents, that means trust-held assets can bypass Utah County District Court entirely. We also incorporate beneficiary designations and joint ownership agreements to give your family additional probate-avoidance options.
