Probate Attorneys in Denver, Colorado

What is Probate?

Probate is the legal process of transferring property and assets to heirs or beneficiaries after the owner’s death. Its purpose is to ensure that the deceased’s assets are distributed according to their wishes and that any outstanding debts or taxes are properly settled. If a valid written will exists, the court must authenticate and approve it to confirm its validity. However, when someone in Denver passes away without a will, their assets are distributed according to Colorado’s intestate succession laws, which prioritize close family members and relatives. Navigating this process can be complex, especially in cases involving Out-of-State Probate or contested wills.

They are held to a “fiduciary duty,” meaning they must act in the best interests of the deceased and ensure that their wishes are honored. This responsibility can become particularly challenging in cases of Probate Litigation or disputes among beneficiaries.

Our team of Denver probate attorneys can help guide you through the probate process and manage the legal challenges that come with it. Call Evans Case today to see how we can help you through these difficult times.

Will My Estate Have to Go Through Probate?

When there are assets that are not appointed to a designated beneficiary and are solely in the decedent’s name, the estate will typically go through probate. This includes assets such as real estate, bank accounts, investments, cars, personal property, and more.

As mentioned above, any estate under $82,000 without real estate can be managed with a small estate affidavit that will allow the heirs and beneficiaries to distribute assets without going through a formal probate process.

Determining whether or not an estate must go through probate can be a complicated process dependent on several factors. It can be extraordinarily beneficial to have a trusted probate attorney by your side during the probate process. An experienced probate lawyer like those at Evans Case can provide invaluable legal advice and help decide what assets do and do not need to go through probate. If you are dealing with the estate of a loved one and are in need of legal guidance, do not hesitate to contact our team of Denver probate attorneys.

If a will exists, probate is typically necessary to validate the will and ensure fair distribution of assets in accordance with the will. The will must be filed with the Denver Probate Court, and an executor or personal representative must carry out the estate administration.

Even without a will, the estate will need to go through the probate process, and assets will be distributed in accordance with Colorado’s intestate succession laws.

In order to determine if probate is necessary, it is recommended to take inventory of all of the assets owned by the deceased and determine whether or not each asset is designated to a beneficiary. If the value of all the assets is under $74,000, you should be able to continue with a small estate affidavit.

If there are any assets that are either jointly owned or have POD (point-of-death) designations, probate could be avoided altogether.

The probate process can be complicated, especially for those who are dealing with the recent loss of a loved one. We strongly encourage consulting with a Denver probate attorney to address any complications or uncertainties along the way. Our team of probate lawyers will be able to ensure that all legal requirements are met and that your estate is managed successfully.

What Is the Probate Process?

The probate process is an essential part of properly administering the estate of a deceased person or loved one. As mentioned above, it begins with determining the need for probate based on the value and size of the estate, the specific types of assets, whether or not a will exists, and potential disputes and disagreements among heirs and beneficiaries.

If probate is needed, the executor of the will must file a petition for probate with the Denver Probate Court. In most cases, the executor will need the death certificate of the deceased, the will, and an application for either formal or informal probate. If not specifically mentioned in the will, the court is responsible for appointing a personal representative to administer the estate.
Once a personal representative is appointed, they must notify all heirs, beneficiaries, and creditors of the probate proceedings. It is the personal representative that is responsible for taking inventory of all of the deceased’s assets, like real estate, personal property, bank accounts, and investments. The representative is required to file inventory, provide an appraisal of the estate’s assets, and present it to the court in order to determine the exact value of the estate at the time of death.
It is the personal representative’s duty to protect all assets belonging to the estate during the probate process. In some cases, the representative may need to open a separate estate bank account, pay all ongoing debts, taxes, payments, etc., and maintain the real estate and other property involved.

In the event of any disputes arising, the court will be tasked with holding hearings to validate the will and resolve any ongoing conflicts or disagreements.

Once all duties are fulfilled, the personal representative will once again petition the court to close the estate. After reviewing and approving the final accounting, the estate will be closed, and the executor will be free of any further responsibility.

To ensure fair distribution of assets and a clear, formulated approach to the probate process, we strongly encourage you to reach out to a Denver probate attorney for all of the challenges you may face with your estate. The team of probate lawyers at Evans Case is well-versed in the subtleties and challenges of probate and can provide you with indispensable legal support along the way. Do not hesitate to reach out to our team today if you are looking for assistance in the probate process.

Common Challenges of Probate

Throughout the probate process, there may be challenges determining the validity of the will or disputes that arise over the distribution of assets. There are a number of different reasons why an heir or beneficiary may want to contest a will, including:

Undue Influence

A common claim for contesting a will is that the testator (the person who created the will) was put under immense pressure to alter their will in a particular way that didn’t reflect their true intentions. Undue influence might be suspected if there is one person who disproportionately benefits from the will, if the testator is vulnerable due to age or illness, or if there were significant changes to the will unusually leaning in a beneficiary’s favor.

For example, a beneficiary may attempt to manipulate a testator who is suffering from cognitive decline or a weakened mental state into changing their will. More often than not, the person pressuring a testator into changing their will is someone close, like a caregiver, friend, or even a family member.

Proving undue influence can be difficult, as it requires demonstrating that the person influencing the testator held a position of power and used it to manipulate them into changing their true intentions. A most common way to prove undue influence is by providing evidence that the influence isolated the testator from other family members. Restricting access to the testator is a popular tactic by those attempting to sway their decisions.

Lack of Capacity

This is one of the most common reasons for contesting a will. If the testator lacked the mental awareness or capacity to understand the implications of their will, one might claim a lack of capacity. It is important that the testator fully understands their decisions and the implications that follow. They should fully understand the value of the assets they own, know who their beneficiaries are, and understand how they plan to distribute those assets.

If the testator is suffering from a mental disorder such as dementia or any other cognitive impairment at the time of drafting or creating the will, beneficiaries may call their mental capacity into question and ask that the will be invalidated.

The party that is contesting the will based on the grounds of a lack of capacity will need to provide medical records, witness testimonies, and any other documentation as evidence that the testator was not of sound mind when creating or updating their will. Proving a lack of mental capacity may even require expert testimony from a healthcare provider or mental health professional.

Fraud

In some cases, a will may be contested if the testator was deceived into signing their will. Similarly to undue influence, someone may intentionally mislead the testator or misrepresent the facts in order to alter the terms of the will. For example, if a beneficiary provides false information or fails to provide important information that influences the testator’s decisions, it may be grounds for fraud. A forged signature on the will would also be considered fraud. Fraud is a serious accusation, and proving it can often be difficult. It may require witness testimonies and even handwriting analysis.

Fraud claims may also be made if the testator was tricked or manipulated into signing the will. For instance, if the testator was under the assumption that they were signing a different document, it could invalidate the will. Though not as common, fraud can also involve situations where a will was fabricated entirely.

Improper Execution

In Colorado, a will must be signed by the testator, it must be witnessed and signed by at least two other parties, and it must be properly notarized if necessary. A will may be contested if it does not meet these requirements for proper execution. In cases where a will is not properly notarized or lacks the required signatures, the court may determine the will to be invalid. Contesting a will based on improper execution involves reviewing the documentation and identifying any deviations from Colorado’s legal standards for will creation.

Revocation

If it is discovered that the testator revoked their will before passing, the will may be contested. This may happen if the testator created a new will aimed at replacing an existing one, physically destroyed an existing will, or made a written statement revoking the will altogether. Once a will is revoked, it is no longer considered legally valid. In instances where family members or beneficiaries discover another will that contradicts the terms of the original will, disputes may arise over which document should take precedence and be upheld.

Mistakes or Inconsistent Wills

If the testator made a mistake or was under misapprehension about the facts, the will may be contested. Beneficiaries may also contest if there are multiple existing wills with conflicting terms. Typically, in these cases, the most recently drafted will take precedence over the others.

Mistakes in the language, ambiguities about asset distribution, or misinterpretations of the testator’s wishes are all examples of inconsistencies that may result in legal challenges and delay the probate process. In these situations, the court will be responsible for interpreting the will and determining the testator’s true intentions. This helps ensure a fair and proper distribution of assets.

In order to contest a will, the contestant is obligated to file a formal objection with the Denver Probate Court. This needs to be done before the court has approved the probate. The contestant will need to provide solid evidence for their case and be able to prove that either a mistake was made by the testator or that they were unfit to sign and draft their will. Once the court considers the arguments from both sides of the dispute, they will decide whether or not the will is valid or should be upheld.

Who Can Contest a Will in Colorado?

Regardless of the reason for wanting to contest, only certain individuals are able to challenge a will in court. Only those who stand to benefit from the will have the legal standing to contest. This includes heirs, beneficiaries specifically named in the will, and those who would inherit property under intestate succession if no will exists. Individuals interested in contesting a will must have a valid reason for doing so (lack of mental capacity, undue influence, fraud, improper execution, revocation, or mistakes). Courts are unlikely to even consider a will contest unless there is substantial evidence to support it.

Whether you are tasked with handling the administration of an estate or you are interested in contesting the will, we recommend consulting with a professional probate lawyer. The trusted team of Denver probate attorneys at Evans Case are able to provide top-tier legal assistance that will ensure fair distribution and effective management of your estate. We understand that this is a tough and often complicated process. Do not let the uncertainties and challenges of the probate process overwhelm you. Call Evans Case today to see how we can assist you with your estate.

For all of your Denver estate planning needs, Evans Case is the team that you can trust. With over 100 years of combined experience serving the Denver area, our attorneys understand the needs and challenges faced by Denver families. For a team that truly understands your needs, call Evans Case today and see how we can help make a difference.

Contact Evans Case Today to Speak With a Trusted Probate Attorney

Evans Case has years of experience with probate litigation. The probate process is one that requires constant communication, attention to detail, and careful planning. There are a number of different factors that affect the outcomes and the types of probate that you may pursue. That is why it is beyond helpful to have an experienced probate attorney by your side during the probate process.

We can provide you with expert legal support, invaluable advice about your estate, and most importantly, peace of mind that your estate will be administered with the utmost care and professionalism. If you are dealing with probate or any estate-related issues, do not hesitate to contact our team of Denver probate attorneys today and see how we can make a difference. We want to make sure that the probate process is as smooth and painless as it can possibly be. Don’t wait. Call Evans Case today to speak with one of our Denver probate attorneys.