Probate / Estate Adminstration
Losing a loved one is always difficult, but the probate / administration process does not need to be. Whether your loved one died intestate (without a will) or with a will, Urban Law can help you settle his or her affairs in a timely manner. We start by discussing the estate administration process and drafting the necessary documents for your appointment as personal representative (known as an executor in other states). After the paperwork is filed with the court and you are appointed, we assist by contacting financial institutions, transferring real estate, and working closely with you and your tax professional. We will also advise about best practices regarding creditor claims and making estate distributions. Because we know this may be a difficult time for you, we take pride in our client-friendly approach to helping you and your family stay apprised of any developments in your probate case. Working with an experienced attorney ensures an effective and efficient administration. Please contact our office to set up a free consultation.
Frequently Asked Question
How do I know if probate (the court process) is necessary?
Probate is generally required if the decedent owned real estate in Colorado that was not held in joint tenancy, was not owned by a business or trust, and did not have a beneficiary deed recorded with the clerk and recorder before the decedent’s death. Probate is also necessary in Colorado if the assets of the estate exceed $70,000 for the year 2020 (this threshold number is indexed for inflation yearly). It should be noted that assets that pass via joint tenancy (e.g., real estate) or contract (e.g., beneficiary designations and transfer on death designations) are not counted in the calculation to see if the estate requires probate. In fact, smaller accounts can often be collected using JDF Form 999, known as the Small Estate Affidavit.
Probate is not always necessary, and the analysis of whether probate is necessary can be complex and confusing. We are happy to provide a free consultation to help you understand if the estate you are administering will require probate. In addition to our Denver, Colorado office, we also have office locations in the Denver Tech Center, Lakewood, Westminster and Boulder that are available upon request.