Denver Probate Attorneys
We Simplify Complex Probate Processes
Working through probate matters can be stressful—especially for those simultaneously managing the emotional loss of a loved one. This is why Denver families turn to Jorgensen, Brownell & Pepin, P.C.
We have over three decades of probate experience and know what it takes to overcome common probate obstacles. Our streamlined approach eliminates unnecessary stress while allowing you to focus on what really matters—honoring your loved one, preserving their legacy, and moving forward with peace of mind.
For those unfamiliar with probate, it is a legal process that governs the distribution of the deceased’s estate according to the terms of the will or Colorado statutes. While probate is not always necessary, particularly in cases where the deceased owned few assets or held joint ownership of property, the process generally involves:
- Collecting debts
- Resolving outstanding asset disputes
- Validating the deceased’s will
- Transferring ownership of assets like land, stocks and bonds, and financial accounts
If you are a personal representative and need support through the probate process, you’re in the right place. At Jorgensen, Brownell & Pepin, P.C., we tailor custom solutions to ensure you confidently fulfill your fiduciary duties. Our team offers the right balance of efficiency and kindness, allowing you to overcome probate obstacles with ease. Contact us today!
For Personal Representatives: Your Role and Duties
If you are a personal representative and unsure of your duties, rest assured that we will help you navigate every step of the process. However, we would like to give you an overview of your responsibilities so you have a general sense of what to expect:
Gathering and Managing Assets: To start, you must inventory the deceased’s assets and ensure they are not lost, misappropriated, or used for personal gain.
Managing Assets: Throughout the process, you may also be required to sell assets, manage investments and financial accounts, and oversee daily operations if the deceased operates a business.
Maintaining Communication: Everything you do as a personal representative should be done in the best interests of beneficiaries. In addition to notifying heirs of the deceased’s passing, you will also be expected to maintain this line of communication regarding estate matters.
Filing Appropriate Documentation: In addition to inventorying, protecting, and managing assets, personal representatives must file documents with the courts. These may include petitions to open probate, asset inventories, and an accounting of estate transitions.
Address Disputes: If disputes with creditors or beneficiaries arise, we will help you resolve them fairly and equitably.
Finalize Estate Affairs: The personal representative must file final reports with the courts once assets are distributed and debts paid. Once approved, the courts will officially close the estate.
Misconceptions About the Probate Timeline
Many of our clients are concerned that the probate process will drag out for years. While this does happen with complex estates, Colorado statutes allow estates to be closed six months after the personal representative is appointed.
In general, probate cases are not slowed by the courts but by beneficiaries who challenge wills because they are absent from it or were unexpectedly removed from it shortly before the deceased’s passing. Others may challenge the will because they suspect a personal representative or trustee breached fiduciary duty. These are only a few examples of potential obstacles that may arise during the probate process. Should you encounter any of these roadblocks, know that our team will guide you through the resolution process to reach a swift and favorable outcome.
Whether you need us to step in to resolve disputes between creditors and beneficiaries, address challenges to the will, or help you avoid probate altogether, we can assist you. Contact us today!
Why Denver Families Choose 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 Combined 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.
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