Probate is the legal process used to transfer property from the decedent to his or her heirs. All wills and intestate estates must be probated, but more than 90% of probates in Colorado are considered “informal” and are not court supervised. Whether or not you die having a will, if you have $50,000 or less and no real property, your devisees or heirs may collect your assets by using an affidavit and not have to involve the court.
A formal probate is required for several reasons:
- When a will is contested, unclear or invalid
- When there are apparent or actual significant challenges (i.e., identifying heirs, property title disputes) in administration
An attorney’s expertise is usually necessary in identifying what type of probate is necessary, and the scope of the attorney’s involvement will depend on the complexity of the estate. Even the most well-planned estates and well-written wills have costs associated with administration, including court fees, attorney fees and the payment of the decedent’s final expenses and legitimate debts. We have years of probate experience and are eager to put our expertise to work for you.