On October 31, 2014

Probating an estate after a loved one passes away can be a complicated, stressful process, particularly if the decedent has not left behind a will or other estate planning directives to help guide his loved ones and the court regarding his final wishes. While the idea of probate in Colorado can be intimidating, people should be aware of the facts that:

  • Here is a look at the three different types of probate in Colorado. Contact us for superior legal service for any type of probate in Colorado.

    Here is a look at the three different types of probate in Colorado. Contact us for superior legal service for any type of probate in Colorado.

    Probate does not always have to be a contentious, expensive and time-consuming endeavor.

  • The size and value of a decedent’s estate will typically dictate what type of probate that estate will pass through.
  • Having the assistance of an experienced probate attorney can help you and your family resolve this process as favorably and efficiently as possible.

In this two-part blog series, we will point out the three different types of probate in Colorado. If you need any help throughout the probate process, don’t hesitate to contact the experienced Denver Probate Attorneys at JR Phillips & Associates, PC. We are here to provide you with superior representation and legal service for all of your estate planning and probate needs.

Probate in Colorado: The Options

  1. Probate for Small Estates – Estates that qualify as small estates for the purposes of probate in Colorado include those that are valued at less than $60,000 (once any liens or other debts have been deducted) and that do not include any real estate holdings. For these estates (regardless of whether there may be a will from the decedent in place), there is no requirement that the estates pass through probate in Colorado.In fact, an heir to a small estate can bypass the probate process entirely, having the assets of the estate transferred over to him or her, by completing a Collection of Personal Property by Affidavit form and submitting it to the court. With this form, an heir is essentially promising (under a legally binding oath) that (s)he has claim to at least some of the assets of the small estate and that (s)he will distribute various assets of the estate to the heirs who are entitled to them.
  2. Informal Probate in Colorado – When estates pass through informal probate in Colorado, this typically means that the court will oversee the probate process but that it will only have a limited role in making decisions regarding the administration of the estate. Informal probate in Colorado proceeds much faster (and is generally far less costly) than formal probate proceedings, and this type of probate is usually the best option when:
    1. The decedent has left a valid, authorized will for his estate.
    2. The heir(s) to the estate are clearly defined.
    3. There is no expectation that someone will contest the will.
    4. An executor to the will is in place and ready to fulfill the responsibilities of this role.

We will continue our discussion regarding the types of probate in Colorado in the upcoming second part of this blog series that will be published soon – don’t miss it!

Denver Probate Attorneys at JR Phillips & Associates, PC

Are you preparing for or dealing with probate in Colorado? If so, you can rely on the probate and estate planning lawyers at JR Phillips & Associates, PC. We provide a thoughtful, comprehensive approach to our clients’ various legal needs, and we take pride in helping each of our clients and their families find the best solutions for them.

Contact Us

Let’s discuss your options during an initial consultation. To schedule this meeting, call us at (303) 741-2400 or email us using the contact form at the top of this page.

From our offices in Denver, we serve clients throughout the southwest and southeast Metro Area, including (but not limited to) people in Highlands Ranch, Littleton, Castle Rock, Parker, Aurora, Greenwood Village and Englewood.

Categories: Probate, Probate Litigation