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What is Probate?

Denver probate attorneyWhat is probate? Probate refers to the legal process that occurs after a person has passed away. During probate, the court will carefully examine any will that may be in place to determine whether that will is legitimate (if there is a will in place). Once this matter has been decided:

  • The deceased person’s (i.e., the decedent) assets will be inventoried.
  • Some or all of the assets may be appraised to determine their value.
  • The estate’s debts, taxes, and other expenses will be paid out from the assets of the estate.
  • The remaining assets will be distributed to the beneficiaries as laid out in the existing will or, when no legal will exists, per the terms of the applicable state laws.

Probate can quickly become a complicated and possibly contentious process, especially when there may be significant assets, disputes over the will or tensions between beneficiaries. As a result, it’s best that people dealing with probate hire the Denver estate planning lawyers at Colorado Estate Matters, Ltd. to protect their interests and ensure that the process is resolved with minimal emotional and financial impacts.

Issues and Problems with Probate

There are some specific issues and problems that can arise from going through the probate process after a loved one passes away. Some of these challenges can include (but not are limited to):

  • The duration of probate – Probate proceedings can take anywhere from a few months to upwards of a year to be resolved. In fact, the more assets associated with a decedent’s estate and the more potential beneficiaries who stand to gain from the estate, the longer the probate proceedings could last. While the substantial length of time that probate can take can be emotionally draining, especially when a decedent’s loved ones are ready to try to move on with their lives, it can also be problematic in that all of the assets associated with the estate will be tied up in court for the duration of the proceedings. That can present serious financial hardships for people in some cases.
  • The costs of probate – Although some states have caps on the costs of probate, it’s possible that the costs of probate can be a percentage of the estate before taxes and other debts are paid from the estate. This can ultimately mean that probate costs can drain an estate of significant financial resources that would have otherwise gone to deserving beneficiaries.
  • The public nature of probate – Matters of probate are inherently part of public record, which means that anyone who wants to find out the details of an estate going through probate can review the court records to see how much an estate is worth and who is getting what. This can create a variety of issues and challenges for people who may prefer that these matters remain relatively private.

Despite these challenges associated with probate, however, people should be aware that, by working with a Denver probate attorney at Colorado Estate Matters, Ltd., they will be able to minimize the potential problems that these proceedings may spur while resolving these matters as expeditiously as possible.

Choose Our Attorneys at Colorado Estate Matters, Ltd.

When you are preparing for probate, don’t hesitate to contact us at Colorado Estate Matters, Ltd.. We are experienced and skilled at standing up for our clients’ interests throughout the probate process and helping them to resolve these proceedings as efficiently and favorably as possible. Our primary goal is to help our clients get through probate with minimal costs and complications so they can focus on their future.

Contact Us

You can learn more about our array of probate legal services by meeting with our estate planning lawyers for an initial consultation. To schedule this meeting, call us at (303) 713-9147 or email us using our convenient online contact form.

From our offices in Denver, we serve clients throughout the southwest and southeast Metro Area, including (but not limited to) people in Highlands Ranch, Littleton, Castle Rock, Parker, Aurora, Greenwood Village, Englewood, Centennial, Wheat Ridge, Golden and Arvada.

Schedule a FREE consultation with us.

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Featured Attorney

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Justin W. Blow

Managing Partner and Attorney

Common Probate Questions

What is probate in Colorado?
Probate in Colorado is the legal process by which a deceased person’s assets are distributed and their debts are paid under court supervision.
When is probate necessary in Colorado?
Probate is typically required when a person dies with assets solely in their name, and those assets exceed a certain value, or there’s any real estate. The threshold amount changes over time, so checking the current limits is essential.
How do I start the probate process in Colorado?
To initiate probate in Colorado, you need to determine if formal probate is required, and then file an Application or a Petition (as well as the necessary ancillary documents) with the appropriate court, depending on the circumstances.
What assets are subject to probate in Colorado?
Generally, assets that are solely owned by the deceased, such as real estate, bank accounts, and personal property, are subject to probate. Jointly owned assets with rights of survivorship, assets held in a trust, and assets with designated beneficiaries typically bypass probate.
How long does the probate process take in Colorado?
The duration of probate in Colorado can vary depending on the complexity of the estate and any disputes that may arise. Often it takes a year or more to complete.
What are the costs associated with probate in Colorado?
Probate costs in Colorado can include court fees, attorney fees, personal representative fees, and other administrative expenses. These costs can vary based on the size and complexity of the estate.
Can I avoid probate in Colorado?
Yes, there are strategies to avoid probate in Colorado, such as creating a revocable living trust, using beneficiary designations on assets like life insurance policies and retirement accounts, and jointly owning property with rights of survivorship.
What are the rights and responsibilities of a personal representative in Colorado?
The personal representative (executor or administrator) is responsible for managing the estate, paying certain debts and taxes, and distributing assets to beneficiaries in accordance with the law and the deceased person’s will (if one exists).
How are disputes handled in Colorado probate cases?
Disputes in Colorado probate cases can be resolved through mediation, negotiation, or litigation in court if necessary. Common disputes may involve the validity of the will, claims by creditors, or disagreements among beneficiaries.
Is estate tax a concern in Colorado probate?

Colorado does not have a state-level estate tax, but federal estate tax may apply to larger estates. It’s important to consider federal tax implications when dealing with an estate.

Is estate tax a concern in Colorado probate?

Colorado does not have a state-level estate tax, but federal estate tax may apply to larger estates. It’s important to consider federal tax implications when dealing with an estate.
 It’s essential to consult with an attorney or legal professional experienced in Colorado probate law to get accurate and up-to-date information and guidance on your probate matter.

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