Denver Personal Representative Lawyers
For a Streamlined Probate Process
Dealing with the loss of a loved one is emotionally challenging, and the added responsibility of managing their estate as a personal representative can be overwhelming.
Our Denver probate experts understand the complexities of this process and are here to provide the guidance and support you need. With our 30+ years of experience, we'll work closely with you to develop a tailored plan that ensures the estate is managed and distributed according to the will, making the probate process as smooth and efficient as possible. Contact us today!
Why Work With Our Denver Probate Team?
Personal representatives choose to work with our Denver attorneys for a number of reasons, including our:
- Approach: Probate is nuanced, which means a one-size-fits-all approach isn’t sufficient. We offer tailored, comprehensive guidance that helps you fulfill your duties.
- Expertise: Our experience spans three decades, and we’re honored to have assisted many satisfied clients as they navigate through a challenging time.
- Compassion: We never lose sight of what matters: being the compassionate, kind support system clients need to overcome probate obstacles successfully.
Turn to Jorgensen, Brownell & Pepin, P.C. for assistance with your needs, including understanding your legal obligations, distributing assets, and resolving beneficiary disputes.
Get Compassionate, Comprehensive Guidance Today
Have a seamless experience carrying out a loved one’s wishes; let Jorgensen, Brownell & Pepin, P.C. be your guide. We’ve helped many personal representatives fulfill their fiduciary duties and look forward to doing the same for you. Contact us to get started.
Frequently Asked Questions
What happens when no personal representative is named?
There is nothing that guarantees a decedent will have named a personal representative. If the decedent died without a will or did not include that important note in their will, then Colorado law lists the persons who have priority to be appointed personal representative. However, sometimes there is a "tie," and several people have equal priority.
This is common when an unmarried person dies but is survived by children. The children all have equal rights to be appointed a personal representative. If the children all agree on who should assume the role of the personal representative, those who will not act can resign their right to be appointed. Don't assume that the oldest should be chosen, though, as this is often not the case.
What are the duties of a personal representative?
A personal representative is always appointed by the court, even if the deceased left a will. Once appointed, the personal representative has several duties. One of the most important is to put the interests of the estate in front of the personal representative's own interests, which is called fulfilling a fiduciary duty. The personal representative may not favor one heir or beneficiary over another, and they must do their deliberate best to follow the instructions laid out before them to the letter.
The personal representative of an estate must:
- Collect and inventory the assets of the estate
- Manage the assets during the probate process
- Pay the final bills of the deceased
- Make distributions to the heirs or beneficiaries
How is the personal representative appointed if they are not named in the will?
If the will does not name a personal representative, or if the named individual is unable to serve, the probate court will appoint a personal representative. Typically, the court follows a priority order, often starting with the closest relatives, to select a suitable candidate who is willing and able to perform the duties.
Can a personal representative decline their role?
Yes. If they choose to do so, they must formally renounce their duties, and the court will appoint someone else, following the legal procedure for selection based on the hierarchy of relatives or other eligible individuals.
Who might be an ideal personal representative?
Generally, the person must be a legal adult and of sound mind. Some states may have restrictions against individuals with felony convictions. Non-residents of the state may serve, but there could be additional requirements, such as posting a bond or appointing a local agent.
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