Probate Lawyer in Denver, Colorado

Probate is the legal process of transferring a property to an heir after the owner has died. The probate process aims to ensure that the deceased’s assets are rightfully transferred to the appropriate beneficiaries, and that any existing taxes or debts are paid. If a written will exists, it must be authenticated in court to make sure that it is valid and authentic. An executor, or a personal representative, will be appointed in the will to carry out and oversee the probate process. If no executor has been appointed in the will, the court will appoint an administrator. 

 

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.

The role of an executor during the probate process is to manage and settle the estate of the deceased. An executor is either mentioned by name in a will or is appointed as a personal representative by the court if there is no will. The personal representative is typically a family member or a friend. 

 

If a will exists, the executor is responsible for filing and petitioning for probate with the Denver Probate Court. They are also responsible for notifying all of the necessary parties, including heirs, creditors, and beneficiaries, of the probate proceedings. 

 

The executor must also create an estate inventory of all of the deceased’s assets, including real estate, personal property, bank accounts and investments. The executor must keep records of the estate’s transactions and make all distributions to creditors and heirs. In some instances, the personal representative may need to create a separate bank account to properly manage the estate’s funds. 

 

As mentioned above, the executor is responsible for settling all debts or obligations of the deceased. They must also file the deceased’s final income tax return and any estate tax returns. Once all taxes and debts have been paid, then the executor will distribute all remaining assets to the appropriate beneficiaries in accordance with the will.

 

After all financial transactions have been completed on behalf of the estate, the executor must prepare a detailed report and prepare the final accounting. Once all duties relating to the estate have been fulfilled, the personal representative will petition the court to close the estate, and upon approval, the representative will be relieved of all of their duties. 

 

The executor has a fiduciary duty to act impartially, and in the best interest of the estate and its beneficiaries. They must manage the estate with care and diligence, doing their best to avoid any potential conflicts and maintain open and clear communication throughout the process. 

 

The executor is entitled to compensation for the duties performed. If a specific amount is not listed in the will, then it may be determined based on the size of the estate. 

 

During the probate process, it is not uncommon for disputes to arise regarding the distribution of assets among the beneficiaries. The will may be contested, which could lead to lengthy legal disputes and disagreements. In the event of a contested will, the probate court may intervene to help resolve any issues and make sure the estate is properly administered. 

 

Whether you are facing challenges with other heirs or beneficiaries, or you are finding yourself in need of guidance through the probate process, our team of Denver probate attorneys are well prepared to assist you throughout the process. A probate attorney can help manage all of the legal intricacies that come with the probate process and help ensure that your loved one’s estate is handled properly. 

For those pursuing the probate process, there are different types of probate that one might consider depending on the size of the estate, whether or not a will exists, or the potential for any future disagreements or disputes. 

 

Informal probate is very common in Colorado. When there is valid will with a designated executor, and no contests or disagreements are expected, informal probate is generally allowed. If all heirs and beneficiaries are in agreement and the estate is fairly simple in terms of assets and distributions, informal probate is a quick and cost-effective way to settle an estate. The clearer and simpler the terms of the will and estate are, the easier the probate process typically goes. 

 

In more complex cases, formal probate may be required. Formal probate is generally a better choice when there are disagreements and disputes about the validity of the will amongst heirs or beneficiaries. If they believe that the distribution of assets is unfair and they choose to contest the will, formal probate may be necessary. It is also a more common option for estates with complicated assets, family businesses, or significant debts. 

 

As of 2022, a small estate is considered any personal property under $74,000 with no real estate. Inheritors are often able to take immediate action in claiming these properties without the need to go to court. These properties typically include things like cars, personal belongings, small bank accounts, and any other assets under $74,000 without real estate. 

 

If the deceased lived in another state, but owned property in the state of Colorado, an executor would generally choose ancillary probate. The primary probate would still need to be settled in whatever state the decedent resided, though ancillary probate will take place in Colorado. 

 

When choosing the right type of probate to pursue, it is important to consider state-specific laws, the size of the estate, the potential for any disagreements with heirs and beneficiaries, and the presence of a valid will. It is helpful to understand the unique advantages of each type of probate and to carefully consider which option may be the best for your estate. One of our Denver probate attorneys can provide invaluable assistance and advice to help guide you through the process and make sure that your estate is handled effectively. 

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. 

 

If the assets have a designated beneficiary, they generally do not require probate. This can include assets like jointly-owned homes, retirement accounts, life insurance policies with designated beneficiaries, and more.

 

As mentioned above, any estate under $74,000 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. 

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 the 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 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 on all of the deceased’s assets like real estate, personal property, bank accounts and investments. The representative is required to file inventory and 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. 

 

The personal representative will then be responsible for providing a final accounting of the estate to the court, including all financial transactions conducted on its behalf and any expenses or fees accrued during the probate process. 

 

Once all duties are fulfilled, the personal representative will once again petition to 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. 

 

The probate process, while overwhelming and complicated for the executors, is an important legal procedure that aims to ensure the deceased’s estate is administered according to their wishes.. Personal representatives take on a large responsibility and must act in the best interests of everyone involved. 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 are 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. 

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

 

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 fashion. Someone might contest a will and claim that the testator was wrongly influenced to create their will in a way that does not reflect their true wishes. Undue influence might be suspected if there is one person who unusually 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. 

 

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.

 

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. A forged signature on the will would also be grounds for fraud. 

 

In Colorado, a will must be signed by the testator, it must be witnessed 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. 

 

If it is discovered that the testator revoked their will before passing, the will may be contested. This may happen if the testator creates a new will aimed at replacing an existing one, physically destroys an existing will, or makes a written statement revoking the will altogether. 

 

If the testator made a mistake or was under a 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. 

 

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. 

 

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. 

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.