The court has to determine heirship
Intestate share calculations, omitted spouse or child claims, adoption or paternity questions: judicial determinations that informal probate can't deliver.
Service · Within Colorado Probate
When the court has to make a determination.
Formal probate is the path when a Colorado court has to make a determination: invalid will, unclear terms in a will, a competing will, heirship, missing documents, or numerous other potential issues. We’ve handled the procedural side of formal probate since 1990. If a case turns into a true contest, we’ll refer you to a probate litigator we trust.
Who This Is For
When informal isn’t an option.
Formal is more expensive and slower than informal, but it’s the right path whenever the court needs to settle an issue before administration can move forward. These are some of the most common triggers.
The will is missing or damaged
A copy when only the original will do, or a will that was found in pieces. The court needs to admit it through a formal proceeding before administration can move forward.
There are competing wills
Two documents both claiming to be the last will. The court has to pick one, and that requires a formal proceeding.
A contested fight is brewing
Will contests, removal actions, and trustee or Personal Representative disputes are litigation. We don't take that work on, but we'll flag it early and refer you to a probate litigator we trust.
Not sure which track you’re on?
One free consultation will tell you whether your case can stay informal or whether it has to move to formal. If a contested fight is coming, we’ll point you to the right specialist before the case goes off track.
Book a Call How Formal Probate Works
Four phases. One court order. Then administration.
Formal cases take longer than informal because the court has to issue an order before the estate can move. We handle the petition, notice, hearing, and the administration that follows the order.
01
File the petition
We file the formal petition with the specific request: admit a will, appoint a Personal Representative, determine heirship, or whatever the case requires. Statutory notice goes to all interested parties.
02
Notice and hearing prep
We handle the publication, mailings, return-of-service filings, and the proposed orders the court will need at hearing. If the case stays uncontested, this is most of the work.
03
The hearing
If necessary to settle an unresolved issue, a hearing may be held. If the matter becomes contested we can help pivot to ensure the estate is administered properly.
04
Administer under the order
Once the court enters the order, we move into administering the estate inside its terms: inventory, creditor notice, tax filings, and distribution.
You May Also Need
Other probate services.
Informal Probate
When the case doesn't actually need a judge. Most don't.
Colorado Probate Overview
How informal, formal, and ancillary probate fit together, and which one your case is on.
Personal Representative Duties
What you've signed up for as Personal Representative, and how we keep it from becoming your second job.
A free consultation. No obligation.
Need a court order before the estate can move?
One free consultation. We'll tell you whether the case has to move to formal probate. If a contested fight is coming, we'll point you to the right litigator.