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Lakewood Probate Attorney

Navigating the probate process can be overwhelming, especially during a time of grief and emotional distress. Whether you are handling a loved one’s estate or need assistance with a will, trust, or guardianship issue, having an experienced Lakewood probate attorney by your side is essential. At Colorado Estate Matters, Ltd., our team of dedicated professionals is here to guide you through every step of the probate process with compassion, integrity, and legal knowledge.

We understand that probate law can be complex and filled with emotional, financial, and legal challenges. Our firm provides trusted legal counsel for individuals and families throughout Lakewood and the surrounding areas. If you are facing probate issues, we offer the support and guidance you need to protect your interests and navigate the process as smoothly as possible.

Colorado Estate Matters guides clients through life’s more important decisions

Probate is the legal process of administering and distributing a deceased person’s estate, including validating a will, paying debts and taxes, and distributing remaining assets to beneficiaries. While probate can be straightforward, disputes, large estates, or complex assets can complicate the process.

In Colorado, probate is governed by state law, which outlines procedures for estate distribution. Understanding these rules is key to ensuring a smooth process and honoring the deceased’s wishes.

Colorado Estate Matters provides compassionate, strategic legal support for probate and estate planning. Our local expertise and personalized approach ensure effective solutions tailored to Colorado’s unique laws and community needs.

Your legal rights as a decedent’s beneficiary, heir, or personal representative

As a beneficiary, heir, or personal representative of a deceased individual, you have specific legal rights, including the following.

Rights of beneficiaries and heirs

Right to fair treatment: Beneficiaries and heirs have the right to be treated fairly and equally by the personal representative.
Right to information: You can receive information about the estate, including an inventory of assets and an accounting of the estate’s finances.
Right to challenge the will: You may have the right to challenge the will in court if you believe it is invalid or improperly executed.
Right to receive your inheritance: You can receive your inheritance according to the will’s terms or intestacy laws

Rights of the personal representative

Right to compensation: As a personal representative, you are entitled to reasonable compensation for your services.
Right to reimbursement: You can be reimbursed for expenses incurred while administering the estate.
Right to make decisions: You have the authority to make decisions about the estate, such as selling assets or paying debts.
Right to legal representation: You can hire a probate attorney in Lakewood, Colorado, to assist with your duties.

Important considerations

  • Time limits: There are specific time limits for filing specific legal documents and taking certain actions related to the estate.
  • Fiduciary duty: The personal representative must act in the estate and all beneficiaries’ best interests.
  • Potential disputes:  Disagreements among beneficiaries or between beneficiaries and the personal representative can arise. We can help you resolve these disputes fairly and efficiently.

If you have questions about your rights as a beneficiary, heir, or personal representative in Colorado, it is crucial to consult with an experienced Lakewood probate attorney. We can provide guidance and protect your interests throughout the probate process.

We are proud of the trust our clients place in us

Our clients have consistently praised the compassionate and professional service they received from our team. Some of the recent testimonials we have received include the following:

“It is not an exaggeration to say I would have been lost without you and your excellent team. You patiently outlined and explained every step I needed to take in order to be compliant with Colorado law. You were available to answer my questions regularly . . . I was extremely fortunate to have found your firm.”
“Everyone in this office was super knowledgeable and made us feel comfortable every step of the way.”
“After the passing of our parents, it is likely my experience with siblings ranks near the bottom in terms of their willingness to sacrifice family relations for money . . . Justin’s advice was always directed towards minimizing costs and seeking ways to resolve the conflicts. I am sure his guidance resulted in the best possible outcome for me.”

We can help you understand the Colorado probate legal process

The probate process in Colorado involves several essential steps:

  • Petition for probate: Begin by petitioning the Jefferson County probate court. You will need the death certificate, will, decedent’s information, and proposed personal representative’s information.
  • Appointment of a personal representative (PR): The court will review the petition and appoint a personal representative responsible for managing the estate.
  • Notice to creditors: The PR must publish a notice to creditors in a local newspaper to inform potential creditors of the estate’s existence with a deadline for filing claims.
  • Asset management and debt payment: The PR manages the estate’s assets, including selling property, collecting debts, and paying off creditors.
  • Filing tax returns: The PR files any necessary federal and state tax returns for the decedent and the estate.
  • Distributing assets: Once all debts and taxes have been paid, the remaining assets are distributed to the beneficiaries according to the will’s terms or intestacy laws.
  • Closing the estate: The PR files a final accounting with the court, showing how all the estate’s assets were handled. Once the court approves the final accounting, the estate is officially closed.

We advise consulting with an experienced Lakewood probate lawyer to navigate these complex legal procedures and protect your rights. Understanding the general process and seeking legal advice can ensure a smooth and efficient probate experience.

We can help you through the different types of Colorado probate proceedings

Depending on the nature of the estate and the complexity of the issues involved, there are different types of probate proceedings in Colorado. The main types of probate are:

  • Formal probate: The most common type of probate proceeding, this occurs when the deceased has a will, and the estate needs to be formally administered. The court oversees this process, which typically involves filing the will, appointing a personal representative, notifying heirs and creditors, inventorying and appraising assets, paying debts and taxes, and distributing assets.
  • Informal probate: Informal probate is a simplified version of formal probate used when the decedent’s will is clear and uncontested, the estate is small, and there are no disputes. Informal probate proceedings are typically less time-consuming and less expensive than formal probate.
  • Small estate administration: If the estate is worth $82,000 or less, Colorado’s small estate provisions may apply. With a simplified process to transfer the estate without formal probate proceedings, it is easier and faster for heirs to collect and distribute the decedent’s assets.

Our Lakewood probate attorneys have many roles

The probate process can be confusing and time-consuming; even small mistakes can lead to significant delays or legal issues. Our skilled Lakewood probate lawyers can help you navigate these challenges and ensure the process proceeds smoothly. Some of our main responsibilities include:

  • Will and estate planning assistance: We help the decedent’s family understand the will, trust, or other documents and ensure that the estate is administered according to the decedent’s wishes. If someone contests a will or the decedent did not leave a will, we guide family members through the dispute resolution process.
  • Probate process guidance: Our attorneys guide you through each phase of the probate process and ensure that you meet all legal requirements. This includes preparing necessary paperwork, handling court filings, and advising on creditor claims, asset valuation, and tax filings.
  • Resolving disputes: In some cases, probate can become contentious, with will contests, estate administration disputes, trust litigation, or guardianship and conservatorship disputes. Our skilled probate team helps resolve these disputes through negotiation or litigation, all while protecting your interests.
  • Tax planning and guidance: While there is no Colorado estate tax, there may still be federal estate and trust-related taxes to address, especially if the estate is large. We help you file all necessary tax returns, meet tax obligations, and minimize the estate’s tax burden as much as possible.
  • Managing complex estates: If the estate involves complex assets, such as real estate, business interests, or retirement accounts, we assist with valuations, sales, or transfers. This is vital when you must liquidate assets to pay debts or when beneficiaries disagree about complex asset distribution.

Determining when to contact a probate attorney in Lakewood

While probate may be a relatively simple process in some cases, there are several circumstances when you should seek the advice of our Lakewood probate lawyers. Some of these situations include:

  • The decedent did not leave a will.
  • There are disputes among heirs, beneficiaries, or creditors.
  • The estate is particularly large or complex, involving business interests or multiple properties.
  • You have questions about a will or trust’s legal validity.
  • You need assistance with filing tax returns or dealing with estate tax issues.
  • You have been named the personal representative and need help with your responsibilities.

Even if you are not facing a dispute, consulting our probate attorneys can help ensure the probate process runs smoothly and efficiently. Early legal intervention can help avoid problems and ensure you administer the decedent’s estate in compliance with their final wishes and the law.

Contact an experienced Lakewood probate lawyer today

If you are facing probate issues in Lakewood or the surrounding areas, Colorado Estate Matters is here to help. Our experienced attorneys can guide you through every step of the probate process, offering the legal support and peace of mind you need during this challenging time.

To schedule a free consultation with one of our knowledgeable Lakewood probate attorneys, contact us today at (303) 713-9147. Let us help you navigate probate with confidence.

Frequently asked questions about probate in Colorado

What if there is no will?

Colorado’s intestacy laws determine how heirs receive assets if the deceased died intestate.

Can I contest a will?

Yes. Grounds for contesting include undue influence, fraud, or lack of testamentary capacity.

How can I avoid probate in CO?

Several strategies to minimize or avoid probate in Colorado include joint tenancy with the right of survivorship, beneficiary designations, and a revocable living trust.

Local probate resources

Colorado Estate Matters Ltd.

  • 12600 W Colfax Avenue, Suite C-480
    • Lakewood, CO 80215
    • (303) 713-9147

    Jefferson County Probate Court

    • 100 Jefferson County Parkway
      • Golden, CO 80401
      • 01ProbateInfo@judicial.state.co.us

      Colorado Judicial Branch

      • This website offers general probate information, guides, and resources for handling estates statewide.

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Featured Attorney

featured attorney

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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