Colorado Probate FAQs
Probate is the legal process of authenticating and administering a will after death. Although not every estate will have to pass through Colorado probate, for those that do, the process can be complex, long, and costly—especially if you don’t know what to expect or do as a case proceeds. To help you navigate this process efficiently and with minimal delays and costs, here are some helpful FAQs about probate in Colorado.
How Does a Probate Case Start in Colorado?
Generally, probate cases start when a personal representative files the proper paperwork with the court. Exactly which forms need to be completed and filed will depend on whether the case will be opened as an informal or formal proceeding, based on the nature of the will, the value of the estate, and possibly other factors.
Here are all of the forms required to initiate Colorado probate, along with additional forms for related motions, notices, and more.
When it comes to a personal representative opening up a probate case in Colorado, it’s crucial to be aware that:
· There are deadlines: Probate forms must be filed within 10 days of the death, regardless of whether a formal or informal probate case will follow.
· The forms have to be filed in the right county: Probate cases in Colorado must be opened in the county in which the decedent lived.
· Filing fees have to be paid to officially open the case: As of 2021, the fees are $199 to open informal or formal probate in Colorado. There is an additional $199 fee for the court appointment of the personal representative.
Who Can Be a Personal Representative in Denver Probate?
Typically, personal representatives are named in the will. According to Colorado law, personal representatives must be at least 21 and have the mental capacity to oversee the case (i.e., they cannot be “mentally incapacitated”). There are no statutes barring convicted felons from serving as personal representatives, but heirs and other interested parties may object to the appointment.
What Does Intestacy Mean & How Does It Affect Colorado Probate?
People who don’t have a will when they pass away are said to have passed “intestate.” In these cases, Colorado law will be used to determine how the decedent’s estate should be administered. Any surviving spouse and/or biological relatives are usually favored as beneficiaries under Colorado intestacy law.
Ready to Open Up Probate in Denver? We Can Help You
Whether you are a personal representative, a beneficiary, or another party to a probate case, you can rely on a Denver probate lawyer at Evans Case, LLP for experienced representation and counsel. With more than 110 years of collective experience, our team is exceptionally skilled at guiding clients through every phase of probate, no matter how complex or contentious the case may be.
Call (303) 757-8300 or contact us online for a free 30-minute consultation and important answers about Denver probate.
As a full-service Denver estate planning and probate law firm, Evans Case is home to 5-star attorneys who have deep knowledge of the law and the most effective strategies for helping our clients achieve their goals. Let us tell you more about how we can help you with Colorado probate during a no-cost, no-obligation consultation.