Estate administration is the process of managing all assets and liabilities belonging to a person after the pass. This can include setting their debts and taxes as well as distributing their assets and property consistent with their personal desires. A Denver estate must be administered whether a will exists or not. There are a wide range of various responsibilities that the person administering the estate will have to take on. From inventorying the decedent’s assets to appropriately distributing them to the
rightful heirs, estate administration is a lengthy process that requires careful planning and attention to detail.
If a valid will exists after an individual passes in Denver, it is referred to as a “testate” situation. However, without a will, all assets belonging to the decedent will be distributed according to Colorado’s “intestate succession” laws that prioritize family members and close relatives.
- Testate Situations: When an individual leaves a valid will after they pass, it typically makes for a more straightforward asset distribution process. A will offers a clear outline for how the decedent would like their assets to be distributed among family, friends, or even charities. It also allows an individual to choose an executor whom they would like to manage their estate. Testate situations typically see less court involvement than intestate situations as well.
- Intestate Situations: If no valid will is present after an individual passes away in Denver, immediate family members are favored during the asset distribution process, beginning with the surviving spouse, then prioritizing children and close relatives. Intestate laws in Colorado do not allow individuals to make special provisions for their friends, charities, or other non-family members. The court is also responsible for appointing the administrator to handle all affairs relating to the estate without a will.
If an estate is not properly administered, debts and taxes may continue to accumulate, the court may become even more involved, and disputes may arise within the family. Proper estate administration is essential for avoiding all of these unwanted problems and honoring your loved one’s wishes. For more information about how a Denver attorney can assist in your estate administration, reach out to our team at Evans Case today.
The Estate Administration Process
We’ve gone over some of the tasks and responsibilities involved with estate administration. But how exactly does the estate administration process work? There are a series of steps that the administrator or executor must follow to successfully administer the estate in compliance with Denver’s Probate Court.
- Initiating the Administration of Estate: Estate administration begins with the executor (if named in the will) or the administrator rounding up all of the essential documents, like the will or death certificate, and gathering a list of all of the decedent’s assets. All documentation must be filed with the Denver Probate Court. Once everything has been properly filed, the court will give authorization to begin administering the estate.
- Inventory of Assets: One of the first tasks in the process is creating a complete inventory of all of the decedent’s assets. Assets may include real estate, cars, properties, bank accounts, investment portfolios, and more. Once all of the assets have been inventoried, they must be accurately valued. Determining the fair market value of each asset is important for being able to equitably distribute the estate.
- Settling Financial Liabilities: Once an individual has passed in Denver, executors are required to notify any potential creditors who may be interested in filing a claim against the estate. It’s the administrator’s responsibility to determine whether their claims are valid. Any valid and outstanding debts owed by the decedent must be paid.
- Settling Tax Obligations: Colorado does not impose an estate tax, but federal estate taxes may apply. In addition to paying off existing debts, the administrator must also file the decedent’s final income tax return. Failure to file an income tax return could result in penalties, especially if the estate is still generating income as a rental property, for example.
- Distributing Assets: Once all debts and taxes have been settled, the administrator may then begin distributing the assets. If a valid will exists, the administrator will follow the decedent’s instructions within and honor their wishes by distributing assets to specific beneficiaries. If a valid will does not exist, the assets will be distributed under Colorado’s intestate succession laws, prioritizing spouses, children, and close family members. The presence of a will is generally helpful when it comes to minimizing the number of disputes during the distribution process.
- Closing the Estate: Once all duties have been fulfilled and all assets have been appropriately distributed, the executor or administrator will file a final accounting with the Denver Probate Court for approval. The accounting should serve as a detailed document that shows all transactions relating to the estate, proving that all debts have been settled and the estate has been managed properly. If the estate has been appropriately administered in compliance with Colorado law, the court will close the estate and officially relieve the executor or administrator of their duties.
It may seem like a lot, but with the help of an experienced estate administration attorney, you can make sure that your estate is properly administered from start to finish. From gathering documentation to ensuring that the assets are rightfully distributed, our attorneys will stand by you every step of the way as you administer your loved one’s estate. For more information about how our Denver team can be of service, contact us today.
Is Estate Administration Different from Probate?
Many people use the terms “estate administration” and “probate” interchangeably. However, they aren’t quite the same, as each process serves its own unique purpose.
Probate
In Denver, probate is a court-supervised process that’s main goal is to validate the will of a deceased individual. When somebody leaves behind a will, probate is required in order to make sure their assets are distributed according to their wishes. Some of the main purposes that probate serves are:
- Validating the Will: The Denver Probate Court must authenticate the will to ensure that it was in fact created by the decedent. They must also confirm that they had the legal capacity to create their will and that it was not created under false pretenses. The will must also be compliant with state laws. It is important to be absolutely sure of the legitimacy of the will in order to avoid family disputes and rightfully distribute assets.
- Appointing an Executor: More often than not, the grantor of the will names an executor who will be responsible for managing the estate. However, if no executor is specifically named in the will, then the court will appoint an administrator to act on behalf of the estate.
- Distributing the Assets: The probate process ensures that the executor of the will manages the estate and distributes assets in a manner consistent with the terms of the will. As we know, the executor is responsible for paying debts and taxes, then distributing the remainder of the assets to the beneficiaries. Probate requires a formal record of all distributions. This protects both the executor and the beneficiaries of the will by assuring every step is taken and properly documented.
- Handling Disputes Among Beneficiaries: Beneficiaries and family members may choose to contest the will or dispute the distribution of assets. Probate court acts as a venue to help effectively resolve these disputes.
Executors and families in Denver may want to consult with an experienced probate attorney, as the process can be costly and time-consuming. Not to mention, an attorney can prove invaluable at helping resolve family disputes. Probate is an important process necessary for validating wills and distributing assets among beneficiaries. However, it is just a small part of estate administration as a whole.
Estate Administration
The administration of estate is the all-encompassing process of settling a decedent’s estate, including both probate and non-probate assets. Non-probate assets generally include items like jointly owned property, retirement accounts, life insurance policies, HSAs, trust assets, and more. Estate administration addresses the complete set of tasks and responsibilities required to settle an estate, rather than just probate. Some of the responsibilities that come with estate administration in Denver include:
- Asset Management: Those administering an estate are required to manage all assets, even those that do not go through probate. By managing jointly held properties, life insurance accounts, and retirement accounts, administrator’s are able to address the full financial situation of the estate rather than simply the assets covered by probate.
- Settling Debts and Managing Tax Obligations: Similar to probate, the administration of an estate involves settling all outstanding debts and taxes owed by the decedent. All obligations are paid by the estate’s funds and may require the administrator to sell certain assets in order to cover the debts if the estate’s funds aren’t sufficient.
- Handling Non-Probate Assets: Unlike probate, estate administration focuses on transferring non-probate assets to their rightful beneficiaries. Non-probate assets generally pass directly to the beneficiaries without the need for probate, and it’s up to the administrator to make sure those assets are distributed to the correct heirs.
In Denver, one of the most significant differences between probate and estate administration is the level of court involvement. During probate, ongoing court supervision is usually required. This may involve court hearings or filing estate accounts. Probate can be either formal or informal. Formal probate is generally reserved for larger estates where the potential for conflicts is higher. Informal probate is often used for simpler, smaller estates.
During estate administration, the administrator may choose to act independently when transferring assets without the need for court approval or involvement. This is usually a popular option for those managing smaller estates in Denver who wish to expedite the process and reduce the amount of legal fees.
Whether you are an executor or an administrator, an estate administration attorney can play a huge role in guiding you through these processes confidently and effectively, all while maintaining compliance with Colorado state law. Our attorneys will ensure that you meet all of the necessary deadlines, accurately value your assets, and overlook the distribution of assets.
Call Evans Case Today to Speak With One of Our Trusted Estate Administration Attorneys
Estate administration may seem overly complicated and stressful, especially after losing a loved one. Fortunately, our Denver attorneys are here to offer our expertise and support during these difficult times. Being an executor of a will or an administrator of an estate is a lot of responsibility, and it’s important to remember that you are acting in the best interest of the deceased and remaining compliant with Colorado law.
Our attorneys are happy to answer any questions that you may have. It is our mission to provide our clients with peace of mind knowing that their loved one’s estate is being handled with care and compassion.
Whether you are dealing with a highly valued estate or are managing disputes between beneficiaries and family members, Evans Case is here to help. Call us today to schedule a consultation with one of our Denver estate administration attorneys and see how we can help honor your loved one’s legacy and ensure all your legal responsibilities are fulfilled.
