Probate in Colorado

Legal Consultation from Experienced Probate Attorneys

Probate does not need to be lengthy, expensive or complicated, especially while utilizing legal consultation services from our probate attorneys. The probate system is intended to help heirs and beneficiaries clear title to assets as easily as possible, and to prevent false claims against the decedent’s estate. Many banks and other institutions will not release funds and assets to the heirs of the decedent’s accounts without a probate order which protects them from liability.

Probate services provided by our expert attorneys include:

  • Establishment of decedent residency
  • Filing of the will (if applicable)
  • Filing of requisite documents to probate court in uncontested estate
  • Zealous Representation when dispute arises and probate of the estate is contested
  • Determining intestate succession per statutory law
  • Guidance through probate and administration
  • Collections actions and defense against collection actions

Understanding the Probate Process

Depending on the will provisions, an executor will be appointed to ascertain all of the assets of the decedent and to settle all bills owed at death.  Appraisal of the estate and collection of all assets must be completed and all taxes, both personal and estate, must be paid if any are owed.  After all is settled and a determination of heirship is made, the executor or administrator can then distribute any remaining assets to the beneficiaries. The personal representative should require each beneficiary to provide an acknowledgement of the items he/she has received and release the personal representative of any and all liability with respect to administration of the estate.

Baker Law Group’s experienced probate attorneys are prepared to handle probate issues ranging from routine probate to complicated fiduciary litigation.  It is important to us to find the simplest and most economical method to meet your family’s needs.

Small estate affidavit

An affidavit executed by a spouse or heir of the deceased to obtain the deceased person’s property. Affidavit must be filed with the Court and the value of the Estate must not exceed a certain value, and the Estate must not include real property.

Homestead Exemption

A homestead exemption is designed to protect the value of the homes of residents from property taxes, creditors, and circumstances arising from the death of the homeowner spouse.

Augmented Estate

Property owned by a deceased person and the surviving spouse and any property the deceased spouse gave away just prior to death.  This is a very simplified definition of this type of an estate; there are many intricacies and caveats not stated here.

The value of the augmented estate is only calculated if the surviving spouse decides to not take what was deeded to her/him under the will.  The surviving spouse may instead claim a share of the deceased spouse’s estate.  There are time limitations as to when the surviving spouse must claim his/her share, even if he/she is the personal representative.

Family Allowance

Certain parties are entitled to a family allowance by law.  Minor children the decedent had an obligation to support and that actually were being supported by the decedent, as well as the spouse, all are entitled to a family allowance.

For more information on Wills, please see our Wills in Colorado Page