(303) 488-9888 | 750 W Hampden Ave, Suite 505, Englewood, CO 80110

Colorado Probate lawyers

Overview

Probate is the legal process wherein the validity of a will is determined in a court of law. The process also includes administering the will and distributing the estate according to the terms specified within.

Probate is generally required only when you die owning property in your name without a surviving joint tenant or named beneficiary.
Many people mistakenly believe that they will avoid probate if they have a Will.  However, for a Will to have any legal effect, probate must be opened and the Will must be submitted to the Probate Court. In simple terms, a Will is a set of instructions for the Probate Court to use in settling the estate of the decedent.

Probate is initiated by the Personal Representative (Executor) of the deceased. The process requires the decedent’s original Will be  filed with the Probate Court along with supporting court documents. The court reviews the Will and documentation to validate the information and approve the appointment of the Personal Representative. Once approved, Letters Testamentary or Letters of Administration are issued by the Probate Court evidencing the appointment and legal authority of the Personal Representative to manage the estate, its assets and proper distribution to beneficiaries.

The probate process may also involve having to prove a Will, notifying creditors, heirs and beneficiaries, filing an inventory and accounting of the estate assets and resolving conflicts (Will contests). Probate proceedings are a matter of public record and, consequently, the Will, inventory assets, names and addresses of family members and heirs, and any disputes become a matter of public record as well.

Administering the Estate

Once the Personal Representative is appointed, they become responsible for distributing the estate assets to beneficiaries and heirs pursuant to the instructions in the Will. This may require liquidating assets in various financial accounts, transferring or selling real estate interests, filing claims for insurance policies and distributing tangible property.

The Personal Representative has a legally binding fiduciary duty to uphold the terms specified in the decedent’s Will for the distribution of estate assets and to act in the best interests of the heirs and beneficiaries. Failure to properly administer the estate could be grounds for the beneficiaries or other interested parties to take legal action against the Personal Representative for breach of fiduciary duty.

Our probate law firm can help with
every step of the probate process

Contact Us

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Address

750 W Hampden Ave
Suite 505
Englewood, CO 80110

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Phone

(303) 488-9888

Hours

M-F: 9am – 5pm