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What Are the Biggest Mistakes Families Make During Probate?

June 27, 2025

Probate

Losing a loved one is hard enough. But when you're also tasked with settling their estate, grief often mixes with confusion and legal stress. Probate—the legal process of administering someone’s estate after they pass—is meant to provide structure and fairness. However, when mistakes happen during probate, the process can drag on, cause family conflict, or even lead to costly litigation. 

At Evans Case, we’ve seen how simple missteps during probate can turn a manageable situation into a full-blown legal mess. Whether you’re a personal representative (executor) or a concerned family member, understanding what not to do is just as important as knowing the right steps to take. Let’s explore some of the most common and costly mistakes families make during the Colorado probate process—and how to avoid them.

1. Failing to Hire an Attorney Early On

Probate law in Colorado can be complex, especially if the estate involves real estate, business interests, disputes among heirs, or missing documents. One of the biggest missteps is trying to navigate the process without qualified legal help. While informal probate may seem straightforward, problems can quickly arise—creditor claims, will contests, or disagreements about asset distribution. Without legal guidance, personal representatives risk missing deadlines, filing incorrect paperwork, or violating fiduciary duties.

Our probate litigation attorneys have helped countless families in Denver handle these challenges before they spiral into major disputes.

2. Delaying the Start of the Probate Process

Grief can understandably slow down decision-making. But waiting too long to open probate can have serious consequences. In Colorado, the personal representative should file for probate with the court within three years of the decedent’s death, but ideally much sooner. Delays can result in:

  • Unpaid debts growing due to interest or penalties
  • Assets becoming vulnerable to misuse or loss
  • Heirs growing impatient or suspicious
  • Important deadlines being missed

Opening probate in a timely manner not only protects the estate—it also reassures beneficiaries that matters are being handled responsibly.

3. Mishandling or Mismanaging Estate Assets

The personal representative has a legal duty to manage estate assets prudently. This includes safeguarding real estate, collecting income, maintaining insurance coverage, and accurately tracking all transactions. Common mistakes include:

  • Selling property too quickly or below market value
  • Mixing personal and estate funds
  • Failing to inventory or appraise assets
  • Distributing items before debts and taxes are paid

Mismanagement doesn’t just cause confusion—it can expose the representative to personal liability and spark legal action from creditors or heirs.

4. Overlooking or Improperly Handling Debts and Taxes

Before assets can be distributed to heirs, all valid debts and taxes must be paid. Colorado requires the personal representative to give notice to creditors and manage claims properly. Mistakes in this area include:

  • Paying debts in the wrong order of priority
  • Failing to notify creditors or respond to claims
  • Missing tax filing deadlines for the estate or the deceased

A creditor who is improperly ignored—or paid too much—can come back with legal consequences. Accurate and timely accounting is not optional; it’s a core responsibility under Colorado probate law.

5. Ignoring Family Dynamics and Failing to Communicate

Probate is not just a legal process—it’s an emotional one. Families are often dealing with grief, and misunderstandings can quickly lead to disputes. One of the biggest mistakes personal representatives make is failing to keep beneficiaries informed. Silence or vague communication breeds suspicion. Even if you’re acting properly, a lack of updates can make it seem like you’re hiding something. 

 

And if real conflict exists—like disagreement over the will or the distribution of sentimental items—it’s crucial to address it openly and with legal guidance. Sometimes, probate disputes escalate into full-blown litigation. In those cases, having a neutral third-party lawyer can help resolve disputes before they destroy family relationships.

6. Disregarding the Terms of the Will—or Acting Without One

When there’s a valid will, the personal representative must strictly follow its terms—unless the court rules otherwise. Taking liberties with asset distribution (e.g., giving “extras” to one sibling because “they need it more”) can lead to lawsuits or removal from the role. When there is no will (intestacy), Colorado law outlines who receives what. Attempting to override these rules without legal authority is a serious misstep. In both scenarios, ignoring the legal roadmap—whether set by a will or by state law—can undermine the entire probate process.

7. Not Getting Help When Disputes Arise

Finally, one of the most damaging mistakes families make is trying to “handle it internally” when conflict erupts. Whether it’s a sibling questioning your actions, a creditor making threats, or someone alleging the will was forged, you need legal protection. Many families wait too long to involve an attorney, hoping things will calm down. Unfortunately, that often results in more aggressive legal battles later on.

If your family is facing a contested estate or a probate dispute, our team at Evans Case can step in to defend your rights and preserve what your loved one intended.

Contact Evans Case Today—Probate Doesn’t Have to Be a Disaster

While probate can seem overwhelming, most issues can be avoided with good communication, careful documentation, and experienced legal guidance. By understanding the common mistakes families make—and taking action to avoid them—you can honor your loved one’s legacy and move through the process with clarity and confidence.

If you're involved in a probate matter in Colorado and want to avoid costly errors, contact us today. At Evans Case, we guide families through probate with compassion, precision, and decades of experience.

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