Probate Process Overview
When a person leaves behind property or assets when they die, this process helps ensure that the deceased person’s estate properly passes on to his or her legal beneficiaries or heirs. It is often overseen by a court and helps ensure that everything is settled. This includes settling the deceased’s debts, if there are any, and their assets. It also ensures that any arising disputes or conflicts are prevented or resolved regarding the matter.
The process can often be complex and slow. This time is given to allow for any interested parties to learn of the death and put up their claim. With a trusted probate and trust attorney by your side, you won’t have to navigate these intricacies alone.
With estate planning probate attorneys who come from a top probate law firm with you, you can rest assured that you’re working with someone knowledgeable of the ins and outs of estate planning, wills, trust, and more. With this knowledge and their dedication to you, they will help you ensure that your rights and the rights of your loved ones are protected all throughout the process.
Probate Process
Each estate is different so the process can be different for each case. Generally, however, these are the steps followed in the process in Longmont, Colorado:
- Submit the death certificate: The assigned executor or personal representative will submit the deceased’s death certificate to the local court to start the process.
- Find and validate the will: The executor should find the latest version of the will and submit it for validation. The court will then confirm if it’s valid or not.
- File for probate: Once the court gives the green light for the will, the executor can then proceed to start the process for the distribution of estate.
- Contact beneficiaries or heirs: Once the process has started, the executor should notify all concerned or interested parties. If the deceased didn’t leave a list of beneficiaries or heirs, the state law will determine who will inherit the assets.
- Inventory of assets: This involves identifying everything that’s included in the person’s assets including real property such as real estate and personal property such as vehicles, accounts, and cash.
- Settle debts: The most common debts an estate executor needs to pay off includes unpaid monthly bills, credit card bills, medical expenses, funeral expenses, and IRS bills. In Colorado, you’re required to notify all known creditors by mail that the decedent has passed. To pay these off, funds from the person’s estate will be used.
- Distribute assets: Once the debts are settled, the court will then approve the distribution of the remaining assets to the beneficiaries or heirs according to the will.
- Close the estate: After the beneficiaries have received their bequests, you can then close the estate. Take note, however, in Colorado law that with informal and formal probate, the estate has to remain open for at least six months.
Types of Probate in Colorado
In Colorado, there are three types of probate:
- Small Estate: This type of estate is often valued under $65, 000 and has no real estate. In this case, heirs or beneficiaries can often present an Affidavit for Collection of Personal Property or Small Estate Affidavit to the person or entity holding the deceased’s property to collect assets.
- Uncontested: In this case, there is very limited court involvement with only an informal administration process in place. Here, the will is not contested meaning that no one argues its validity or what is stated in it.
- Contested: Contrary to uncontested probate, in this case, someone challenges the validity of the contents of the will. In some instances, the will might be unclear or invalid. This is then followed by a formal probate process.
Do I Have to Go Through Probate?
You will often have to go through the process if:
- There is no valid will.
- An interested party is challenging the way assets are distributed or transferred by the will.
- There is real estate or other assets not held in joint tenancy or with a named beneficiary that need to be transferred.
There are several instances where you may be able to avoid the process such as if there is a living trust, life insurance policies, or the like. That’s why estate planning is such an important process. To ensure that you get the best outcome, it’s still better to connect with an expert on the matter who can guide you through the process.
Our estate planning and probate administration lawyer will guide you throughout the entire process. With our wide knowledge and experience with probate, trusts, wills, estate, and more, we will also guide you through any legal challenges that may arise.
Why You Need an Experienced Probate Attorney Colorado?
If you want to make sure that your loved one’s wishes are honored and that your rights are respected, it’s important to have a dedicated wills and probate lawyer by your side. Not only do you get the expertise of local probate attorneys (Colorado) but you also get a partner who will help you defend your rights and properly do your responsibilities as the deceased’s chosen personal representative. Here are a few other reasons why you may need a probate estate litigation attorney.
- Minimal disputes: It’s unavoidable that estate cases can often trigger disputes that can lead to litigation. This is not only costly for all those involved but it also lengthens the entire process. Experts like our local estate planning probate attorneys in Longmont, Colorado work to minimize the chances of this by ensuring that asset distribution is done properly according to the will or the law.
- Faster resolution: Working with certified experts who know everything about Colorado estate planning and probate wills trusts and more will get the process done in a timely and efficient manner.
- Avoid Legal Claims Against the Estate: In many cases, people will make claims against the estate. An example is when someone feels unjustly excluded from the will. However, the presence of an lawyer will make it clear that the process is being done by the law and not by personal gain which can reduce the number of claims against the estate.
- Freedom from liability: There are many details in the overall process that can expose you to liability. Top notch planning probate administration lawyers can handle these for you.
- Support: Being the executor of an estate holds a considerable amount of work. From reading the will to potentially handling family negotiations, things can get very stressful. Having a probate expert by your side will remove a lot of that burden and ensure peace of mind.
- Valuable Resources: Reputable probate lawyers have great connections that can benefit you in the process. For instance, if you need reputable tax specialists and accountants, your attorney can help connect you with reliable people. They will also have faster and easier access to helpful information and documents than you may have going alone.
- Spend more time with family: With a probate and trust litigation attorney taking care of the papers, you can spend more time with your family grieving or honoring your lost loved one.
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What Do Probate Lawyers in Longmont Do?
Here are the things a planning and probate lawyer (Longmont) can help you with:
- Filing and completing all the necessary paperwork needed for the court
- Obtaining appraisals for the deceased’s properties
- Identifying and securing all estate assets
- Assisting the executor or personal representative in paying remaining bills and debts
- Determining if any estate taxes are due
- Resolving tax issues
- Accompanying executor or personal representative in necessary court appearances
- Officially transferring assets to the appropriate beneficiaries or heirs from the deceased person’s name
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Work with Probate Lawyers in Longmont Now!
Caring for your loved one’s estate and ensuring that their wishes and will is followed to the tee is not a simple task. It can be daunting and overwhelming. Hiring a Colorado estate planning probate lawyer or law firm and taking advantage of Colorado probate law firm services will help lighten the load on your shoulders.
From ensuring that you meet every legal requirement to negotiating between parties involved, a dedicated probate lawyer serving Longmont has the expertise on probate trusts, wills, estates law, and more to help you successfully conduct your loved one’s estate.
We also believe that your real estate probate lawyer should be more than your legal counsel. They should be a compassionate and reliable pillar to rely on in such a challenging time. With us, you have that partner.
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