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  • Estate Administration in Colorado | Colorado Springs Probate Attorney – Understanding the Estate Administration Process in Colorado

    When a loved one passes away, families are often left navigating both grief and legal responsibilities. In Colorado, the estate administration process ensures that a person’s debts are paid, and their assets are distributed to heirs or beneficiaries according to their will—or, if there is no will, under Colorado’s intestacy laws.

    At Mountain Law Group, we guide families through this process with clarity and compassion. Below is an overview of how estate administration works in Colorado.

    1. Determining Whether Probate is Required – Not every estate must go through probate. In Colorado:
      • If the deceased owned real estate in their name alone, probate is required.
      • If the estate’s total assets exceed the state’s simplified threshold, probate is generally necessary.
      • Smaller estates may qualify for a simplified process using an affidavit.
    2. Filing With the Probate Court

    The estate’s personal representative (also known as the executor) must file the will and other required documents with the probate court in the county where the deceased lived. If there is no will, the court will appoint someone—often a family member—to serve as the personal representative.

    Colorado allows for:

    • Informal probate (simplified, no ongoing court supervision) when there are no disputes.
    • Formal probate (with more court oversight) if there are questions about the will, disputes among heirs, or complex estate issues.

    3. Appointment of the Personal Representative – once appointed , the personal representative has legal authority to act on behalf of the estate. Their duties include:

    • Notifying heirs and beneficiaries.
    • Publishing notice to creditors.
    • Identifying, collecting, and valuing the estate’s assets.
    • Managing and protecting estate property during administration.

    4. Paying Debt and Taxes – The estate is responsible for settling the decedent’s obligations, which may include:

    • Credit card balances, mortgages, or medical bills.
    • State and federal taxes.
    • Administrative expenses related to probate.

    The personal representative must ensure creditors are properly notified and claims are addressed before distributing assets.

    5. Distributing Assets – Once debts and expenses are resolved, the personal representative distributes remaining assets to heirs or beneficiaries according to the will—or, if there is no will, in line with Colorado’s intestacy laws. This may include transferring real estate, bank accounts, personal property, or business interests.

    6. Closing the Estate – Finally, the personal representative files a closing statement or accounting with the probate court, formally ending the administration process. This step ensures the estate has been handled properly and the personal representative is released from further responsibility.

    Why Work With a Colorado Estate Attorney?

    Estate administration can feel overwhelming, especially when legal and financial questions arise during an already difficult time. Working with an experienced Colorado probate attorney helps ensure:

    • The estate is handled efficiently and correctly.
    • Potential disputes are minimized.
    • You have guidance on legal requirements and deadlines.

    Mountain Law Group: Trusted Probate Attorneys in Colorado Springs

    At Mountain Law Group, we provide compassionate and experienced guidance for families facing the probate and estate administration process. Whether your case involves informal probate, formal probate, or a small estate affidavit, our Colorado Springs estate lawyers are here to support you every step of the way.

    Contact Mountain Law Group today to schedule a consultation with a dedicated Colorado probate attorney and get the trusted legal guidance your family deserves.

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  • Types of Discovery in a Civil Lawsuit

    What is discovery? In a civil lawsuit, discovery is the formal process where the parties in the lawsuit exchange information and evidence before trial. If the parties do not disclose information or evidence then there is the possibility it will not be able to be used at trial. There are several types of discovery “tools” which are used to gather facts, assess the strengths and weaknesses of the case, and avoid surprises at trial.The Colorado Rules of Civil Procedure limits the amount of discovery that can occur and the limits will usually be addressed in the Case Management Order entered by the Court. The following are the main types of discovery:

    1. Interrogatories
      • Written questions sent from one party to the other.
      • Must be answered in writing and under oath.
    2. Requests for Production
      • Requests for documents, electronically stored information (ESI), or other tangible items.
      • Can include emails, contracts, business records, etc.
      • Parties must produce responsive documents or explain why they can’t.
    3. Requests for Admission
      • Statements that the other party must admit or deny.
      • Used to narrow the issues by getting agreement on facts not in dispute.
    4. Depositions
      • Oral questioning of a witness under oath, typically in person or via video.
      • Recorded by a court reporter; can be used in court.
      • Attorneys can object, but the witness usually must still answer unless instructed otherwise.
    5. Subpoenas
      • Legal documents requiring non-parties to produce documents or testify.
      • Can be for depositions or records.
    6. Initial Disclosures
      • Required early in the case under the Colorado Rules of Civil Procedure and the Federal Rules of Civil Procedure.
      • Includes basic information about witnesses, documents, damages, and insurance.

  • What is civil litigation?

    Civil litigation is a legal process where two or more parties resolve a non-criminal dispute in court. It usually involves one party (the plaintiff) suing another party (the defendant) to enforce or defend a legal right. These cases typically involve private disputes over things like:

    • Contracts
    • Property
    • Personal injury (i.e., car accidents)
    • Landlord-tenant disputes

    Key Stages in civil litigation:

    1. The pleading stage
      • The plaintiff files a complaint outlining their claims
      • The defendant responds with a responsive pleading which can include the filing of an answer, a motion to dismiss or assert counterclaims against the plaintiff
    2. Discovery
      • All parties involved in the lawsuit gather and produce evidence through depositions, document requests, interrogatories and more
    3. Pre-trial
      • Motions may be filed such as motions for summary judgment
      • Settlement negotiations offer occur at this stage
    4. Trial
      • If the case isn’t settled, it goes to trial where a judge or a jury decides the outcome
    5. Post-trial
      • Either party can appeal the decision, or a judgment is enforced (e.g., collecting money awarded)