The probate process in Colorado can be quite complex, especially when significant assets are involved, such as businesses and valuable real estate. Get the help you need today — contact Ciancio Ciancio Brown, P.C. to schedule a consultation with one of our experienced Denver probate lawyers.
When a family member or loved one passes away in Colorado, their assets and financial affairs must typically be dealt with using a process known as probate. Essentially, probate is the legal method for transferring a deceased loved one’s assets and other estate property to the appropriate heirs and beneficiaries.
If the loved one has a valid will in place at the time of their death, it will generally outline how their property is to be distributed and divided. But, if no will exists, Colorado law will determine who will inherit the various assets and property.
In some cases, you may be even be named as the executor or personal representative of the estate — meaning you will be responsible for identifying all assets, paying off outstanding debts and distributing the remaining property and assets to the heirs and devisees (those named in a will). While probate administration can be time-consuming and often very complicated, working with an experienced probate attorney can help alleviate a lot of stress and make things go much smoother.
Regardless of whether there is a will or not, many estates must still go through probate — although exceptions exist, and the level of court involvement may change depending on the circumstances. For instance, the three general types of probate in Colorado include:
If the estate has less than $50,000 in assets and no real estate, heirs and devisees can simply use an affidavit to collect their assets, meaning they don’t have to open a probate action with the court.
If there is a valid will in place — or the heirs are obvious and unlikely to be contested — and there is a personal representative ready to go, an informal probate process may be allowed. Typically, the court will have a limited role during this process.
If a will is contested, unclear, potentially invalid or problems exist related to the administration of the estate, the court may require a more formal process in which it has a great deal of oversight.
If you have questions about any type of probate and need trusted legal guidance, contact the skilled Denver probate attorneys at Ciancio Ciancio Brown, P.C. We have offices located in Denver, Westminster, Breckenridge, and we serve clients throughout the state of Colorado.