Broomfield Probate Attorneys
Enter Probate With Confidence
Many people have concerns about entering probate. Not only because it can be a complex legal process but also because they’ve seen how a potentially simple case can turn into a full-fledged family dispute when affairs are not handled by an experienced legal team.
With 40 years of combined experience, the probate team at Jorgensen, Brownell & Pepin, P.C. knows how to streamline complex probate processes. We also know which preemptive measures to take to mitigate unnecessary familial conflicts. In fact, we have helped many Broomfield families avoid probate altogether. And when that is not possible, we use a strategic approach to ensure you achieve a favorable outcome with as little disruption as possible.
Whether you need assistance closing a straightforward estate, are navigating family disputes, are a personal representative with questions about fulfilling your fiduciary duty, or simply wish for a smooth resolution, contact us today. We’re here to help.
Understanding Probate: A Quick Guide
If you are a designated personal representative and have questions about the probate process, including your responsibilities, this quick guide will help.
In simple terms, probate is the legal process that oversees the distribution of the deceased’s estate according to the terms of the will or Colorado statutes. The process is necessary for:
- Collecting debts owed to the deceased person
- Settling a dispute involving assets of the deceased person
- Resolving disputes regarding the validity of the deceased person's will
- Transferring ownership of assets like land, stocks and bonds, and financial accounts
Bypassing the Probate Process in Colorado
You may be able to bypass the probate process altogether if the deceased owned few assets, held joint ownership of property, designated beneficiaries for assets such as life insurance policies or retirement accounts, or utilized trusts for estate planning purposes.
The Personal Representative’s Responsibilities
While our attorneys take a collaborative approach to probate and will work with you through each step of the process, we would also like to give you a brief overview of what to expect if you are a personal representative. As a personal representative, your duties include:
Asset Management: Estate administration begins by “collecting” the decedent's probate assets. These may include property, investments, and financial accounts. Once assets are inventoried, the personal representative may also be required to sell assets, manage investments, and oversee business affairs.
Filing Legal Documents: The personal representative is responsible for filing legal documents with the court. These may include petitions to open probate, asset inventories, and accounting reports that detail any estate transactions.
Resolving Disputes: In addition to maintaining open communication with beneficiaries, personal representatives must also resolve any disputes that arise among them.
Distribution of Assets: Once debts, expenses, and taxes are paid, the personal representative must distribute the remaining assets according to the terms of the will or state law.
Closing the Estate: Once all legal requirements are met, assets are distributed to beneficiaries, and accounts are closed, the estate can be closed.
Why Broomfield Families Trust Jorgensen, Brownell & Pepin, P.C.
Navigating probate requires the perfect blend of knowledge, expertise, and compassion. The team at Jorgensen, Brownell & Pepin, P.C. offers exactly that. Here’s what you can expect when you work with our Colorado probate team:
- 40+ Years of Experience: We’ve built a reputation on competence and compassion. Our track record speaks for itself and we encourage you to see what our satisfied clients say about us.
- Custom Legal Solutions: We don’t believe in one-size-fits-all solutions. You are as unique as your case. We will work with you to create a custom strategy tailored to your needs and goals.
- A Comprehensive Approach: Our team has deep knowledge of all matters related to estate planning. From avoiding probate and setting up a charitable remainder trust to reducing tax liability, we can help.
- Compassionate Guidance: We believe in efficiency, but not at the expense of kindness and compassion. Our team is dedicated to helping clients overcome common legal obstacles with care.
Frequently Asked Questions
Can you explain the probate process?
It typically involves transferring the deceased's assets to their beneficiaries, paying off any debts, and settling the estate. The duration can vary significantly, typically ranging from a few months to over a year, depending on the estate's complexity, the presence of a will, and any disputes that may arise.
How is a personal representative appointed?
A personal representative is usually named in the deceased’s will; however, this nomination must be confirmed by the court before any action can be taken regarding assets or debts. If no will exists, or the named individual is unable or unwilling to serve, the court will appoint someone. Our attorneys can assist in the appointment process, ensuring it aligns with legal requirements and the estate's needs.
What are my responsibilities as a personal representative?
The responsibilities include inventorying the estate’s assets, paying debts and taxes, and distributing the remaining assets to the rightful heirs. Our legal team can guide personal representatives through these duties, offering advice and support to ensure they fulfill their obligations efficiently and in accordance with the law.
How are estate debts and taxes handled during probate?
Estate debts and taxes must be identified and settled before distributing assets to beneficiaries. This includes filing final income tax returns, paying off creditors, and addressing any estate taxes due. Our attorneys can help manage these financial responsibilities, ensuring compliance with tax laws and creditor claims.
Can the probate process be avoided altogether?
Yes. However, this requires proper estate planning prior to death —establishing living trusts, designating beneficiaries on financial accounts, or owning property jointly. While specific strategies depend on individual circumstances and state laws, understanding these options can significantly reduce the time and expense of settling an estate.
Looking For Compassionate Guidance? Contact Jorgensen, Brownell & Pepin, P.C.
Whether you are handling disagreements among beneficiaries, struggling to carry out your loved one’s final wishes, or simply wishing to have a seamless experience while fulfilling your fiduciary duty, we can help. We’ve guided countless executors through the process and look forward to offering you the same level of excellence and support. Contact us today!
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