Probate Attorney in Colorado
Serving Aurora, Parker & Centennial
When a loved one passes away, the legal process can seem overwhelming and unfamiliar. We are here to help you during a difficult time and make the process as smooth as possible.
helping you navigate this hard process
1) Did they own any assets jointly with a surviving joint owner?
2) Did they own any assets with a living beneficiary named?
3) Did they leave a will or trust?
In addition to these questions, we review the family situation and other important details. Once this information is gathered, an experienced probate lawyer in Aurora can explain the next steps and what to expect.
If there were no fully funded living trust, most estates would need to go through the Colorado probate process to access and properly administer assets.
When you call our office after a loved one passes away, we generally need to know three things:
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The probate process begins by...
Filing specific legal documents that provide the court with the information needed to determine whether probate will proceed as informal or formal. A Colorado probate attorney can help ensure these filings are completed correctly from the start.
Informal probate involves less court oversight and is appropriate in most cases where family members are not disputing the estate and the deceased person’s will (if one exists) was properly executed and witnessed.
Formal probate requires more court involvement and is typically necessary when there are disputes over the estate or when the will does not meet legal requirements, such as missing notarization or witnesses. Handwritten wills must go through formal probate.
During probate research, you may encounter the terms testate and intestate. A person dies testate when they leave a will, and intestate when no will exists. While this does not determine whether probate is formal or informal, it does affect what information must be gathered and submitted to the court.
other steps in the process include...
All family members and anyone named in the will are entitled to receive notice of court proceedings, even if they were disinherited.
Once debts and expenses are resolved, remaining assets are distributed according to the deceased person’s will—or according to state law if no will exists.
When a surviving spouse is not the parent of surviving children, Colorado law may entitle the children to a portion of the estate. In the absence of a will, half-siblings may also be treated as full siblings for inheritance purposes. During probate, we help families identify legal heirs and determine proper distribution percentages.
ready to make this process
less overwhelming and mysterious?
Having helped a number of families navigate the probate process, we want to make your experience as smooth as possible (no matter how complex it may seem!). We look forward to meeting and helping you!
