Probate

 ((TOD) Navigating the complexities of probate can be a daunting task, whether you are planning for the future or managing the estate of a loved one who has passed away. At Andersen Law PC, our experienced attorneys are here to guide you through every step of the probate process, ensuring that your rights and interests are protected.

Understanding Probate

Probate is the formal legal process of distributing a deceased person’s assets and paying their debts. Helpful terms to know related to the probate process include the following: 

  • Probate: The legal process for distributing assets and paying debts after someone dies.

     

  • Estate: The total assets of the decedent that need to be distributed to the decedent’s heirs. The estate is usually divided into two piles: Probate and Non-Probate assets.

     

  • Probate assets: must go through the probate court if those assets include real estate (unless titled in joint), or if the monetary value of the probate assets totals more than $75,000.

     

  • Non-Probate assets, such as jointly titled property, payable on death (POD) and transfer on death (TOD) accounts, anything with a beneficiary on it (e.g., life insurance proceeds, retirement and investment accounts with a beneficiary), or anything held in a legally valid trust, does not necessarily need to go through the court system.

     

  • Personal Representative: In Colorado, this is the individual responsible for managing the probate process. It is commonly known as an executor.

     

  • Testate Estate: An estate with a valid will.

     

  • Intestate Estate: An estate without a will. 


Types of Probate in Colorado
In Colorado, probate can be categorized into three types:

  • Small Estates: For estates valued under $70,000 with no real estate. These can be settled by filling out the small estate Affidavit of Personal Collection and making distributions, without opening a court proceeding.

     

  • Uncontested Estates (Informal Probate): This straightforward process involves minimal court involvement, usually just filing paperwork.

     

  • Contested Estates (Formal Probate): This involves court hearings to resolve disputes over the will, asset distribution, or other issues.

Our Probate Services

At Andersen Law PC, we offer comprehensive probate services tailored to meet your specific needs:

  • Opening Probate: We assist personal representatives with opening the estate, managing assets, paying debts, and distributing property according to the will or state law.

     

  • Dispute Resolution: Handling contested probates, including disputes over the validity of the will, the decedent’s capacity, undue influence, and more.

     

  • Creditor Notification and Debt Settlement: Managing the process of notifying creditors and settling valid claims against the estate.

Dealing with probate can be overwhelming, especially during a time of grief. Our compassionate and knowledgeable attorneys will take the time to understand your unique case. We are dedicated to making the process as smooth and stress-free as possible. 

Contact Us

If you need assistance with probate or have questions about the process, call Andersen Law PC at 720-922-3880 to request your free consultation.

In the meantime, you can learn more about the probate process, including your duties as a personal representative, common issues in contested probate and how to avoid probate, in our detailed blog post on Colorado’s probate process.

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