On August 31, 2014

Probate, the legal process of transferring a decedent’s property to his heirs, is an often dreaded process that people may not know much about until they are forced to go through it after a loved one passes. Because probate in Colorado may be confusing or even obtuse to some people, in this blog series, we will highlight and discuss some of the more important facts that people should know about probate when they may be:

  • Developing a will or getting their affairs in order
  • Preparing to go through probate after a loved one’s passing.

Keep in mind that the information discussed in this blog series is general and that a trusted Denver probate attorney at JR Phillips & Associates, PC is ready to answer all of your questions and provide you with superior representation for all of your probate (and estate planning) needs and issues.

Probate in Colorado: Here’s What You Should Know…

Fact 1 – Probate in Colorado can be complicated, costly and time consuming.

Are you planning to get your estate in order? Or do you need to go through probate for a loved one’s estate? If so, here are some important facts to know about probate in Colorado.

Are you planning to get your estate in order? Or do you need to go through probate for a loved one’s estate? If so, here are some important facts to know about probate in Colorado.

This may be one of the most commonly known facts about probate – and one of the reasons that people are typically adverse to going through this process after a loved one has passed. The fact of the matter is, however, that probate in Colorado can be a complex, involved and sometimes expensive process, particularly if or when:

  • One or more of the beneficiaries is disputing the will or has raised other challenges to a decedent’s formal estate plan.
  • There are so many assets that inventorying and appraising them ends of taking weeks, months or possibly even longer.
  • An estate may owe multiple creditors money, in which case a portion of the assets will typically have to be sold off and creditors will have to be paid before the remainder of the assets (if there are any) can be distributed to the remaining heirs.

When more complicated estates are going through probate, the best way to minimize the potential complications, disputes and costs is to have an experienced attorney – like a Denver probate lawyer from JR Phillips & Associates, PC – represent you to ensure that all matters of probate are resolved as efficiently as possible.

Fact 2 – Probate in Colorado is a public proceeding.

This is a very critical fact about probate in Colorado that people need to be aware of because it effectively means that anyone can review the court records of probate proceedings to find out details like:

  • The amount, types and value of assets of an estate
  • Whether an estate had any creditors and, if so, who they are/were
  • The nature of any disputes raised by beneficiaries and how these were resolved.

While the public records detailing such aspects of an estate may not matter to some people or families, these details may be very sensitive or potentially damaging to others, particularly if high-profile individuals or families.

If the public nature of probate in Colorado is an issue, people should consider some specific estate planning tools ahead of time so that their estates don’t pass through probate and become public upon their passing.

For our continued discussion regarding the facts about probate in Colorado, be sure to look for the second and third parts of this blog that will be published soon!

Denver Probate Attorney at JR Phillips & Associates, PC

Do you need assistance with any matter related to probate in Colorado? If so, you can turn to a Denver probate lawyer at JR Phillips & Associates, PC. All of our attorneys provide a thoughtful, comprehensive approach to our clients’ estate planning, elder law and other 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