Helping Families Deal With Colorado Probate
Probate is one of the most complex areas of the law. When you must head into probate court, you are already under a great deal of stress. Disputes are common. But with the right lawyer, you can feel secure in your actions.
At Caton Law, LLC, attorney Shari Caton has 20 years of experience helping clients with Colorado’s probate court, and has earned the respect of both colleagues and clients. She understands how high the stakes may be for you and can guide you through these issues with skill and confidence.
Understanding The Difference Between Informal And Formal Probate
Colorado offers a streamlined probate option that does not require ongoing hearings. It offers a faster and often smoother process handled by a probate registrar rather than a judge. The court only appoints a personal representative who can administer the estate independently.
In contrast, formal probate in Colorado involves closer court supervision. It can be necessary when:
- There is no will.
- The beneficiaries and heirs challenge the will.
- The will is unclear or invalid.
Attorney Shari Caton can provide you with knowledgeable guidance during probate.
How Long Does The Colorado Probate Process Take?
In Colorado, most estate probates take up to 12 months to settle. The process cannot be fully completed in less than six months due to statutory creditor claim periods. The law requires that both formal and informal probate must remain open for six months to give creditors enough time to file claims against the estate.
Generally, this claim period begins after the appointment of a personal representative. The probate process follows the following steps:
- Petition: Filed with the District Court in the county where the deceased person resided or owned property. However, the County of Denver has a specialized Probate Court.
- Appoint personal representative: The court formally appoints an executor to act on behalf of the estate.
- Notify heirs and beneficiaries: Formal notice is given to heirs and beneficiaries.
- Inventory assets: The personal representative identifies, gathers and values estate assets.
- Notice to creditors: Proper notice allows up to 6 months to file claims.
- Pay debts: Debts, taxes, funeral expenses and administrative costs must be covered.
- Distribution: Distribute the remaining assets according to the will or under Colorado intestacy laws.
- Close estate: Final accounting documents are filed to close the estate formally.
Ms. Caton can help reduce the risk of disputes.
Do You Need Probate For A Small Estate In Colorado?
No, under Colorado law, you generally do not need probate for a small estate valued at $80,000 or less (this value is adjusted annually for inflation). Instead, you only need a small estate affidavit, which is a legal form that grants you rights as a beneficiary or an heir, to acquire the deceased person’s property.
However, you must sign the affidavit, collect assets, pay off debts and distribute the remaining proceeds. Whether in Denver or another Colorado location, attorney Caton can provide you with more information on small estate laws.
What Are The Struggles Of Probate Court?
Ms. Caton helps clients through any probate matter. Whether it’s an estate administration, trust administration, guardianship, or conservatorship, or family dispute, she can help.
A Guide Through The Stress Of Probate
Entering probate court without assistance can leave you facing legal difficulties and costs you cannot afford. Turn to Caton Law, LLC, to find the guidance you deserve for your probate matters. Call 720-316-2769 or send an email to schedule a consultation.