Colorado Probate Process Attorneys
Assisting With Probate Processes Since 1989
Our attorneys have over 40 years of combined experience with probate cases and are here to assist with the probate process and comply with legal filing requirements. This approach to probate matters ensures you focus on what really matters: honoring your loved one’s 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—either 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
- Marshaling the deceased person’s assets
- Resolving disputes regarding the validity of the deceased person's will
- Transferring ownership of assets like land, stocks and bonds, and financial accounts
- Paying deceased person allowed debts
However, probate may not be required when the deceased person:
- Owned very few assets
- Held joint assets that automatically passed to the surviving co-owner
- Designated another person as a beneficiary for certain assets
Your Responsibilities As a Personal Representative
While we will assist you with every facet of the probate process, we would also like to give you a brief overview of what to expect if you are a personal representative.
Gathering Assets: Estate administration begins with a personal representative collecting the decedent's probate assets, ensuring they are not lost, misappropriated, or used for personal gain. These assets may include property, investments, and bank accounts.
Managing Assets: In addition to overseeing assets, the personal representative may need to sell real estate, manage investment accounts, and, if the deceased was a business owner, manage daily operations throughout the probate process.
Maintaining Communication: The personal representative must also notify heirs and beneficiaries of the deceased’s passing and maintain open communication throughout the probate process.
Filing Appropriate Documentation: Probate requires the personal representative to file various legal documents with the court. These may include petitions to open probate, asset inventories, and an accounting of estate transactions. Rest assured, our team will walk you through this process.
Address Disputes: If any disputes arise with beneficiaries or creditors, we will guide you through the process to reach a swift resolution.
Finalize Estate Affairs: After assets are distributed and debts paid, the personal representative must file final reports with the courts.
Addressing Misconceptions About the Probate Timeline
There’s a common misconception that the probate process requires you to wait years for property distribution. In Colorado, according to statute, an estate can be closed as quickly as six months after the personal representative is appointed.
That said, the duration of probate largely depends on the estate's complexity. For example, estates with many assets or numerous creditors may require a longer administration period than smaller estates with fewer creditors.
You may have heard that probate allows beneficiaries to contest the will or challenge the personal representative's decisions in court. It's important to note that probate doesn't cause these issues; they arise from beneficiary actions.
There are several reasons a beneficiary could challenge a will and slow down probate, including:
- A close family member to the decedent is absent from the will
- A beneficiary is unexpectedly removed from the will shortly before the testator (the person who created the will) passed
- Medical evidence indicates that the testator was not of sound mind when the will was made
- Suspicions arise that a beneficiary may have tampered with the will or coerced the testator
Why Personal Representatives Turn to Our Probate Attorneys
Handling 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.
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 wish to have a seamless experience while fulfilling your fiduciary duty, we can help. Contact us today!
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