Resuming Colorado Probate FAQs (Pt. 1), below, we will provide some more answers to frequently asked questions about the probate process in Colorado.

Colorado Probate: More Answers

Q: How does the Colorado probate process work?

Are you wondering how the Colorado probate process works? If so, check out these FAQs. Or contact our trusted Pueblo probate attorneys. We are here to help you.

Are you wondering how the Colorado probate process works? If so, check out these FAQs. Or contact our trusted Pueblo probate attorneys. We are here to help you.

A: How the Colorado probate process works will depend on which type of probate is necessary for a given estate. Here’s a look at how the various types of Colorado probate processes are initiated (and how they proceed once the case has been opened):

  • Probate for small estates starts by completing an Affidavit for Collection of Personal Property. This Affidavit will then have to be presented it to the party holding the assets of the estate in order for an heir or beneficiary to collect the given assets. As part of this process, the person who has collected the assets promises to distribute the assets per the terms of the will (or according to the applicable intestacy laws).
  • Informal probate and formal probate usually start by opening a probate case with the court and having a personal representative appointed to oversee the administration of the estate. While both informal and formal probate cases will have to stay open for a minimum of 6 months, how these cases proceed and how they are resolved will depend on the details of a given estate.

Q: I’m a personal representative of an estate. What are my responsibilities in Colorado probate?

A: If you’ve agreed to step into the role of being a personal representative, then you will:

  • Be considered to be a fiduciary (a legally authorized role)
  • Have a number of duties to fulfill
  • Assume the responsibility of appropriately carrying out these duties or be held personally liable for failing to do so (i.e., you can be sued).

In particular, just some of your primary duties as a personal representative in Colorado probate will include:

  • Notifying creditors and resolving all legitimate debt claims against the estate
  • Inventorying and evaluating the assets of the estate
  • Keeping accurate, up-to-date accounting records for the estate (including accounts regarding all income to and payouts from the estate)
  • Dealing with all beneficiaries and creditors impartially
  • Distributing the assets of the estate per the terms of the will.

Q: What are the costs of Colorado probate?

A: This question can’t be directly answered without first knowing the details of a given case. The reason for this is that, in addition to court fees for initiating Colorado probate, there can be various other fees and expenses that arise, depending on whether probate is informal or formal, how the long the case lasts and whether any contests have arisen during the course of the probate process (just to name a few factors).

If you will be part of an upcoming Colorado probate case and are looking for more specific answers regarding the costs of this process, contact our Trinidad and Pueblo probate lawyers.

Look for the conclusion to this blog series, which will be posted soon, for some final important answers about Colorado probate.

Trinidad and Pueblo Probate and Estate Planning Attorneys at Gradisar, Trechter, Ripperger & Roth

If you need help with probate or any aspect of estate planning, the Trinidad and Pueblo probate and estate planning attorneys at Gradisar, Trechter, Ripperger & Roth are ready to provide you with the highest quality legal services.

To learn more about our superior legal services and 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.

Categories: Blog, Colorado Probate, Estate Planning