Probate

Probate is a complex and difficult process, and it can seem overwhelming at a time when you are dealing with the loss of a loved one. At Jones Law Firm, PC, we offer compassionate and effective guidance throughout the process. Regardless of whether the deceased person left a will or whether someone may challenge the proceedings, the team at Jones Law Firm, PC, is prepared to protect your interests and work with you until the process is complete. Our goal is to simplify probate and ensure that your loved one’s estate is handled with care and efficiency.

Understanding Probate in Colorado

Probate is the legal process of administering a deceased person’s estate, ensuring that debts are paid and assets are distributed according to the requirements of Colorado law. If the value of property in an estate is over the threshold limit, then formal probate is required even if there is no will. The probate process involves several steps, each crucial for a smooth and lawful transition of the estate.

When someone objects to the validity of the will, the plan for distributing assets, the handling of a debt, the actions of the personal representative, or any other aspect of the estate management during the probate process, they can file a legal challenge and the case is considered to be a contested probate matter. Situations where parties are in agreement are considered uncontested probate. Jones Law Firm, PC protects the interests of clients in both contested and uncontested probate situations. 

Key Steps in the Probate Process

Although probate tasks will be somewhat different in each situation, here are some of the general steps involved in the probate process:

1. Filing the Will and Petition for Probate: The probate process begins with filing the deceased’s will and a petition for probate in the probate court. This step initiates the legal process of administering the estate.
2. Appointing the Personal Representative: The court will formally appoint the personal representative (also known as the executor), who is responsible for managing the estate. If no personal representative is named in the will or there is no will, the court will appoint someone, often a close family member.
3. Inventory and Appraisal of Assets: The personal representative must identify, inventory, and appraise the estate’s assets, which include real estate, bank accounts, personal property, and any other assets owned by the deceased that form part of the legal estate. (Some assets pass directly to beneficiaries or co-owners and are therefore not part of the estate.)
4. Notification of Creditors and Beneficiaries: The personal representative must notify all creditors, beneficiaries, and potential heirs of the probate proceedings. Creditors and heirs are given a specific period to file claims against the estate.
5. Payment of Debts and Taxes: The personal representative uses the estate’s assets to pay off any outstanding debts and taxes. This is a critical step to ensure that the remaining assets can be distributed to the beneficiaries without future legal complications.
6. Distribution of Assets: Once all debts and taxes have been paid, the personal representative distributes the remaining assets to the beneficiaries as outlined in the will or according to state law if there is no will.

Common Challenges in Probate

Even in straightforward cases, probate can present several challenges. Identifying and locating all of the deceased’s assets can be difficult, particularly if they do not maintain thorough records. It may be necessary to publish notice to put potential creditors on notice of the need to file a claim. Then, the personal representative will need to compile and evaluate all debts. Accurately calculating and paying the deceased’s debts and taxes is crucial to avoid future legal issues.

The personal representative must keep beneficiaries informed throughout the process to help prevent misunderstandings and disputes.  Jones Law Firm, PC is always available to answer your questions and provide assistance with the many obligations of probate.

Why Choose Jones Law Firm, PC for Your Probate Needs?

At Jones Law Firm, PC, we have extensive experience guiding families through the probate process in Colorado. Our compassionate and knowledgeable team is dedicated to providing the support you need during this difficult time. We ensure that the estate is administered smoothly and in accordance with the law, taking the burden off your shoulders. Although we work to resolve difficulties outside of court whenever possible, if a contested case requires litigation, we are prepared to advocate effectively to protect your interests. 

Contact Us for Assistance with Probate

If you need help with the probate process, contact Jones Law Firm, PC, at 720-513-5983 or online. Our experienced team is ready to assist you with all your probate needs, ensuring a smooth and efficient process.