On July 27, 2016

Little-Known Facts about Colorado Probate

Little-Known Facts about Colorado Probate

Probate is known for being an involved, complex and, at times, costly process. There are, however, a number of aspects about Colorado probate that are less widely understood – and that are, nevertheless, still important to understand, especially for personal representatives and beneficiaries going through the process.

The following presents some of these lesser-known (but still important) facts about the Colorado probate process. When you are ready for answers, advice and information about your best options for initiating and resolving a probate case in Colorado, please don’t hesitate to contact a Denver probate attorney at JR Phillips & Associates, PC.

Colorado Probate Facts: What You Don’t Know Can Harm You

  1. The decedent didn’t have to live in Colorado in order to initiate a probate case in the state – In fact, if the decedent (i.e., the individual who has passed away) owned property in Colorado, the probate case can be initiated in the same county in which that property is located. If multiple pieces of property were owned in different Colorado counties, the personal representative will generally be able to choose which county in which to file.
  2. Colorado probate cases will last for at least six months – This timeframe applies to both informal and formal probate proceedings. During this period, personal representatives of estates will have a number of duties to complete as part of the probate process, including (but not necessarily limited to) notifying and paying the estate’s creditors, inventorying (and possibility liquidating) the assets of the estate, and distributing the assets according to the terms of the will.Please note that, in general, formal probate proceedings take longer than informal cases – and that formal cases can last far longer than six months (sometimes spanning a year or more).
  3. The court may observe a waiting period before acting on a probate petition – In fact, the court will not accept a probate petition within 120 hours of the death. Additionally, any heir to the estate may not be eligible to inherit any asset within 120 hours of the death (in other words, beneficiaries have to survive a decedent by at least 120 hours in order to be eligible to inherit some asset from the estate).
  4. The estate will usually cover the costs of hiring an attorney to facilitate the probate process – And for personal representatives who are responsible for resolving probate cases, retaining a lawyer can be pivotal to successfully navigating the intricacies of the probate process – and that can be essential to avoiding liability and getting through the process as favorably and efficiently as possible.

Contact a Denver Probate Attorney at JR Phillips & Associates, PC

For experienced help with any aspect of probate in Colorado, contact a trusted Denver probate attorney at JR Phillips & Associates, PC. Our lawyers provide a thoughtful, comprehensive approach to our clients’ estate planning and probate needs, and we take pride in helping each of our clients and their families achieve the best possible solutions.

To discuss your needs and options during an initial consultation with one of our lawyer, 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: Estate Administration, Probate, Probate Litigation, Trustees, Executors & Fiduciaries