What is the probate process?

A case that is filed with the Court to facilitate the administration or distribution of your estate

Can probate be avoided?

In some cases, yes.   If your house or other property is listed in your name and someone else’s, it can usually transfer to them without having to go through the probate process.  An example of this would be a payable upon death (POD) account.  Working with an experienced estate planning lawyer can make this process easier.  Schedule an appointment.

Is probate necessary?

Yes if a person died and has property that needs to be distributed and that property, such as land, is only in their name. In addition, if there are any contested matters such as determining whether a will is valid, the probate process is the only way to resolve it.  Working with an experienced probate lawyer can make this process easier.  Schedule an appointment.

How long will the probate process take?

Depending on the amount of the probate estate including assets and creditors, this process usually takes about 9 months to a year.  Working with an experienced probate lawyer can make this process easier.  Schedule an appointment.

How does probate work when a person dies without a will?

If one dies without a will, their property is distributed based upon Colorado statute versus the wishes of the deceased.  Working with an experienced estate planning lawyer can help avoid this unpleasantness.  Schedule an appointment.

Common probate terms

• Decedent – the person who has died
• Personal representative – the person appointed either by your will or the Probate Court to administer or distribute your estate.  Also known as executor or executrix.
• Testate  – a person who dies with a will
• Intestate – a person who dies without a will
• Heir – a person, by your will, or by Colorado law that can inherit from your estate.  Examples would be children, siblings or parents.
• Contest – when a document, such as a will, is disputed as being valid.