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Determination of Heirs in Denver

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When an individual passes away without a valid will in Denver, it can leave family members grieving and uncertain about the next steps. In such situations, a determination of heirs proceeding may be necessary to establish how the deceased’s property and assets should be distributed under Colorado law. Even when a valid will exists, complications can arise if certain assets do not have a designated beneficiary, often requiring formal legal proceedings to ensure proper distribution. This process can be overwhelming for families already coping with loss.
In addition to determination of heirs proceedings, our firm offers comprehensive support in areas such as Trust and Will management, Asset Protection, and Asset Management. These tools can help minimize future disputes and protect the assets of an estate. For families with significant or complex assets, establishing a Family Limited Partnership can provide an added layer of structure and security, simplifying the transfer of wealth across generations while protecting the estate from unnecessary taxes and liabilities. At Evans Case, we are dedicated to providing families with the legal support they need to navigate estate matters with confidence. Whether you need assistance with a determination of heirs proceeding, drafting a trust or will, or protecting assets through effective planning, our Denver-based attorneys are here to help. Contact us today to schedule a consultation and learn more about how we can support you in securing your loved one’s legacy and easing the burden of estate administration.

How Are Heirs Determined in Denver?

If a will does not exist, Colorado uses “intestate succession” laws that decide how an individual’s assets are to be distributed after their passing. Intestate succession prioritizes family members and close relatives and only applies to assets that have passed through probate. Distributing assets under intestate succession is typically a fairly straightforward process, though it can become more complicated if it involves larger families with distant relatives.
 
While the process of determining heirs can be fairly straightforward, there are some factors that can complicate the matter, including distant relatives, stepchildren, adopted children, and more.  Colorado’s intestate laws help simplify the process by using a hierarchy to determine rightful heirs. However, determining heirs can be a complex process that involves animated disputes, proving familial relationships, and presenting evidence in court.

Determination of Heirs Proceedings

A determination of heirs proceedings will likely take place in the Denver Probate Court and be overseen by a judge. To initiate a proceeding, an individual must file a petition with the court and request a formal determination of heirs. More often than not, the person submitting the petition is the executor of the estate or a family member who is aiming to establish their right to an inheritance.
The heirship determination proceedings can be reasonably simple for families with clear, undisputed relationships. However, for more complex families, like those involving multiple marriages, stepchildren, adopted children, or illegitimate children, the process can be a bit more complicated. At times, it can even become downright contentious. The process becomes even more complicated in situations involving large families living out of the state or country. 

Determination of Heirs Versus Probate

It is a common misconception for people to confuse the determination of heirs with probate, but these are two distinct processes. The purpose of a determination of heirs proceeding is to identify what family members are entitled to inherit the estate, while probate is a much broader process that focuses on administering the entire estate and properly distributing assets. Probate is a more active process that includes taking inventory of assets, paying outstanding debts, and distributing property according to the will or the state’s decision. 
 
In Denver, the determination of heirs may be a part of the probate process, though it typically is only necessary if the deceased did not leave a valid will. Even if a will exists, a determination of heirs may actually still be necessary in the event of any disputes or will contests. 
A key distinction between the two is that the probate process is almost always initiated by the executor of the estate, whereas a determination of heirs can be initiated by any interested party, like family members, creditors, government agencies, or potential heirs.
 
Probate can be a lengthy and time-consuming process. It not only involves determining who inherits the estate but also addresses all of the practical aspects of managing and closing the estate. The purpose of probate is to ensure that all legal obligations are taken care of before any inheritance or assets are passed on to heirs. If you are an executor of a Denver will and are in need of a dedicated probate attorney, look no further than the team at Evans Case. Contact us today for more information about how we can help you and your family through the probate process. 

How Evans Case Is Prepared to Help

At Evans Case, we are proud to offer Denver families our legal expertise in determination of heirs proceedings and probate. After the death of a loved one, we understand that these seemingly minor tasks can be overwhelming, but with the help of an experienced heirship determination attorney, you can take some of the stress away.
 
Our mission is to provide you with peace of mind during these difficult times and allow you to rest assured knowing that your family’s estate is in good hands. For more information about how the devoted team of heirship determination attorneys at Evans Case can assist with your estate administration needs and probate matters in Denver, call us today to schedule a consultation. 

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Evans Case is a full-service Denver Law Firm. Comprising of more than eight veteran attorneys, each with a minimum of 25 years of expertise in their field. The deep legal experience and wisdom of our senior attorneys combined with fresh thinking of younger associates ensure the best possible results in each case. Our attorneys understand that the best outcomes are built on thorough understanding, compassion, and respect.
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