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00:00:03 if someone you loved has passed and there needs to be a probate the first step is to have a personal representative appointed if there’s a will the will typically will name who that person wanted to be the personal representative and a few alternates and of course that’s subject to court approval if there is no will the Colorado Colorado law statute will provides for who has the right to be the personal representative and in what priority so generally a surviving spouse is the has the first choice if he or she
00:00:38 refuses well then it drops to decedent children they have equal rights if none of them want to do it or if there are none then it falls to the decedent brothers and sisters and finally there are creditors if you wait too long to file the case a creditor can file and ask to be the personal representative and if there’s no one who can do it the court will appoint someone called a public administrator to handle the estate the big problem in all of that is what if you have people who are of equal Authority what then has to happen is you
00:01:12 go to court to get someone appointed and that’s not a slam dunk I recently had a case where someone who had and I kid you not 19 pages of listed crimes they had committed and they wanted to take over the estate of course the court said no and usually the cases are not that extreme dream but the personal representative is ultimately appointed by the court
Probate FAQ
Dealing with the loss of a loved one is never easy, and the legal process that follows can add even more stress during an already emotional time. Probate—the process of administering a deceased person’s estate—can be complicated, involving court filings, property transfers, debt settlements, and disputes among beneficiaries. This is where our Colorado probate lawyer becomes an invaluable resource. To help you understand how probate works and what a lawyer can do for you, here are some of the most frequently asked questions about probate law.
What Exactly Does A Probate Lawyer Do?
A probate lawyer helps guide executors and beneficiaries through the legal process of settling an estate after someone’s death. Their role can include filing court documents, identifying and valuing assets, paying outstanding debts or taxes, and distributing property according to the will—or state law if there is no will. In some cases, our probate lawyers also assist in resolving disputes between family members or contesting the validity of a will. Essentially, they ensure that the estate is handled properly, efficiently, and in full compliance with legal requirements.
Do All Estates Have To Go Through Probate?
Not necessarily. Whether an estate must go through probate depends on several factors, including the size of the estate, how the assets were owned, and the laws of the state. For example, if the deceased person set up a living trust or had assets with named beneficiaries (like life insurance or retirement accounts), those may bypass the probate process entirely. Many states also have simplified procedures for smaller estates. Our probate lawyer can review the specifics of your situation and determine whether probate is required—or if there are ways to streamline the process.
How Long Does Probate Take?
The length of the probate process can vary greatly depending on the complexity of the estate and whether any disputes arise. On average, probate can take anywhere from several months to over a year. Our probate attorney helps keep things on track by ensuring deadlines are met, paperwork is filed correctly, and potential obstacles are addressed early on.
What Happens If Someone Dies Without A Will?
When a person passes away without a valid will, they are considered to have died intestate. This means that state law determines how their assets are distributed. Typically, this involves giving priority to spouses, children, or other close relatives. However, this process can be confusing, and disagreements among family members are common. Our probate lawyer can help you navigate intestate succession laws, represent your interests in court, and make sure the estate is settled according to state requirements.
Can A Probate Lawyer Help Prevent Family Disputes?
Yes, one of the most valuable roles a probate lawyer plays is acting as a neutral party to prevent or resolve family conflicts. Disagreements often arise over how assets are divided, what the deceased intended, or who should serve as executor. Our skilled probate attorney can provide clarity by explaining the legal obligations and options to everyone involved, helping to mediate disputes and avoid costly litigation.
The probate process can feel overwhelming, especially during a time of loss. Having an experienced probate lawyer by your side can make all the difference—ensuring that your loved one’s final wishes are honored and that the estate is handled with care, accuracy, and compassion. If you’re facing the probate process or need help managing an estate, reach out to our Colorado probate lawyer today for a consultation. At W.B. Moore Law, we are here to help you.