Probate Services and Process

Probate Services and Process

Probate Services

Probate is the legal process of settling a person’s estate after they die. Also known as, “probating the will” or “opening the estate.” As a part of this process, my firm provides probate administration services as well as legal advice and help.

Some common probate administration services I provide:

  • Determine who should be the executor or administrator of an estate.
  • Have the will admitted into probate.
  • Determine who can inherit property.
  • Help determine if they’re are any assets to be distributed.
  • Draft a personal representative’s deed.
  • Communicate with creditors of the estate and help resolve debts.
  • Provide counsel and advice on how to distribute assets in accordance with a person’s will or trust.
  • Help with legal proceedings and filing court documents.

Probate Process

Colorado has one of the easiest, if not the easiest, probate administration process in the nation. In my opinion, our state is a model for others. Colorado has automated and streamlined the process so quite often, no one needs to go to the courthouse. It’s more of the exception not the rule when someone has to appear in court. Almost always, filing documents with the court is electronic.
Normally, the time frame for probating an estate is anywhere from 6 to 18 months.

Three Types of Probate

  1. Simple Probate Procedure is available if the decedent owns less than $74,000 and does not own real estate in Colorado.
  2. Formal Probate if the individual dies intestate owning more than $74,000 in assets and owns real property in the state of Colorado. The decedent did not have a will or the will was not notarized and witnessed.
  3. Informal Probate if the individual dies with a self-authenticating will owns more than $74,000 in assets and owns real property in the state of Colorado.

To Summarize

  1. Person nominated in will or heir files petition for appointment of personal representative.
  2. Judge issues orders and letters.
  3. Personal Representative notifies creditors through publication or directly.
  4. 120 day waiting period.
  5. Collection of Asset .
  6. Payment of debts and taxes.
  7. Distributions to heirs and beneficiaries.
  8. Estate is closed.

It’s common for the administration of an estate to take between 6 and 18 months.

If you need help settling an estate for a loved one click here for an initial consultation.

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