Probate, the process of validating a will and settling the estate of a decedent, has a reputation for being complex, expensive and, at time, contentious. Not all probate cases, however, are the same, and certain factors can end up complicating the probate process more than others.
We’ll point out some of the more common issues that tend to increase the duration and costs of probate, as well as what some options are for addressing these issues to get through probate as favorably and efficiently as possible, below.
Colorado Probate Costs Can Increase When…
- Colorado probate costs tend to increase when these issues arise, a Trinidad & Pueblo probate attorney explains. Here’s why. Contact us for superior representation in CO probate.The will cannot be located – When a decedent’s will cannot be found, Colorado intestacy laws will typically come into play. These laws will essentially dictate how the assets of an estate are to be distributed among the surviving loved ones, based on their relationships to the decedent (e.g., whether they were children of, spouses to, or other relatives of the individual who passed away). Intestacy can mean that the entire estate will have to go through probate, and this can end up significantly increasing the costs of settling the estate (when compared to a situation in which there had been a will available).
- The validity of the will is in dispute – Will contests can also increase probate costs, as they can involve legal battles that may take weeks or months to resolve before the estate can be settled. So, if any beneficiary is contesting the validity of the will, expect the costs of probate to increase.
- The estate of the decedent is very large and/or complex – For high-value estates that contain substantial assets, as well as estates that may include assets in different states or countries, the costs of probating these estates can also be pricey, as it will take far more of an effort to inventory the estate, get all of the assets appraised, etc.
- The personal representative does not retain a lawyer to facilitate the process – While personal representatives may not be able to control where the will was kept, how the will was devised or even the nature of the estate, they can control whether they end up retaining an attorney to help them get through probate.And, taking this step can be integral to mitigating the costs of probate and settling the estate as efficiently as possible. This is because, with an attorney guiding you through Colorado probate, you can be sure to avoid some of the common mistakes that tend to increase the duration and costs of the process.
Contact a Trinidad & Pueblo Probate Attorney at Gradisar, Trechter, Ripperger & Roth
If you are a personal representative or beneficiary preparing for probate, contact a Trinidad & Pueblo probate attorney at Gradisar, Trechter, Ripperger & Roth for superior representation in Colorado probate.
To learn more about how we can assist you, contact us by calling (719) 556- 8844 or by emailing us using the contact form on this page. From our offices based in Pueblo, we represent clients in Trinidad, La Jara, Lamar, Walsenburg, Alamosa and throughout the state of Colorado.