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.
- 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.
- 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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