Fort Collins Probate Lawyer | Probate Administration Attorney

Guiding You Through Probate in Colorado

Losing a loved one is difficult, and dealing with probate can make the process even more stressful. Probate is the legal process of settling a deceased person’s estate, ensuring debts are paid and assets are distributed to heirs. If you have been named as the personal representative of an estate, you may be wondering where to start, how long the process will take, and whether you need legal guidance.

At Anzen Legal Group, our Fort Collins probate attorneys help individuals and families navigate probate efficiently, resolve disputes, and ensure that estate administration is handled correctly. Whether you need help with probate court filings, asset distribution, or settling outstanding debts, our legal team is here to guide you through the process.

Call us today at (970) 893-8857 to schedule a consultation with an experienced Fort Collins probate administration lawyer.

What is Probate?

Probate is the court-supervised process of managing and distributing a person’s estate after their passing. In Colorado, probate ensures that all debts, taxes, and legal obligations are settled before assets are transferred to heirs. Depending on the size of the estate and whether disputes arise, the process can take several months to more than a year.

Some estates can avoid probate if assets are properly structured before death. However, if the deceased had assets solely in their name without a beneficiary designation, probate is typically required.

How Does Probate Work in Colorado?

Probate in Colorado follows a structured legal process, which includes:

• Filing a petition with the court – The personal representative (executor) must file a petition to open probate in the county where the deceased lived.
• Notification to heirs and creditors – The court requires notice to be given to heirs and potential creditors to allow them to make claims against the estate.
• Inventory and appraisal of assets – The personal representative must identify and value all estate assets.
• Payment of debts and taxes – Before assets are distributed, all outstanding debts, funeral costs, and taxes must be paid.
• Asset distribution – Once all debts are settled, the remaining assets are distributed to heirs according to the will or, if there is no will, based on Colorado intestacy laws (R.S. § 15-11-101 et seq.).
• Finalizing probate – The court will approve the final accounting, and the estate can be closed.

What Types of Probate Exist in Colorado?

Colorado offers different probate options depending on the estate’s complexity:

• Small Estate Probate – If the estate is valued under $80,000 and contains no real estate, it typically can be settled with an affidavit, avoiding court proceedings.
• Informal Probate – For estates with a valid will or no disputes, this process allows for a simplified administration with minimal court involvement.
• Formal Probate – If there are disputes over the will, asset distribution, or creditor claims, the case will go through a formal court-supervised probate process.

Determining the best probate option depends on the estate’s value, the existence of a will, and whether any legal challenges arise. As experienced Fort Collins probate lawyers, we can evaluate your situation and guide you through the most efficient probate process to minimize delays and expenses. Call (970) 893-8857 today to schedule a consultation.

How Long Does Probate Take?

Probate timelines vary based on estate complexity, disputes, and court processing times. In Colorado, probate must remain open for at least six months to allow creditors to file claims. However, most cases take nine to eighteen months.

Factors that may delay probate include:

• Disputes over the validity of the will
• Claims from creditors or lawsuits against the estate
• Difficulty locating or valuing assets
• Tax issues requiring IRS filings

Do All Assets Go Through Probate?

Not all assets must go through probate. Some assets transfer directly to beneficiaries, including:

• Jointly owned property – Property held in joint tenancy automatically transfers to the surviving owner.
• Payable-on-death (POD) and transfer-on-death (TOD) accounts – These include designated beneficiary accounts, such as retirement accounts, life insurance, and certain bank accounts.
• Assets held in a trust – Property placed in a revocable living trust bypasses probate and transfers directly to beneficiaries.

If an estate consists mostly of probate-exempt assets, probate may not be necessary.

What Happens If I Die Without A Will in Colorado?

Dying without a will, known as dying intestate, means that Colorado’s intestacy laws will determine how your assets are distributed. This process follows a strict legal formula that may not align with your personal wishes. The courts will decide who inherits your estate based on Colorado Revised Statutes § 15-11-101 et seq., prioritizing family members in a specific order.

How Colorado Intestacy Laws Distribute an Estate

• If you have a surviving spouse but no children – Your spouse inherits everything.
• If you have a surviving spouse and children from that marriage – Your spouse inherits everything.
• If you have a surviving spouse and children from a previous relationship – Your spouse receives the first $225,000 of the estate, plus half of the remaining assets. The children from the previous relationship inherit the other half of the remaining estate.
• If you have children but no spouse – The entire estate is divided equally among your children.
• If you have no spouse or children – Your estate passes to your parents.
• If your parents are deceased – The estate goes to your siblings.
• If there are no immediate family members – The estate may be distributed to more distant relatives, such as nieces, nephews, grandparents, aunts, or uncles.
• If no living relatives can be found – The estate is escheated to the State of Colorado under C.R.S. § 15-11-105, meaning the government takes ownership.

Why Dying Without a Will Can Cause Problems

Without a legally binding will, you lose control over who inherits your assets. This can lead to:

• Unintended inheritances – Your estate could go to family members you would not have chosen, while unmarried partners, stepchildren, or close friends receive nothing.
• Family disputes – Without clear instructions, family members may argue over who should inherit specific assets, leading to costly legal battles.
• Delays in probate – Court-supervised intestate probate can take longer, increasing legal expenses and creating financial strain on surviving family members.

How Can a Probate Attorney Help?

Probate can be overwhelming, especially if you are unfamiliar with the legal requirements. A Fort Collins probate lawyer can:

• Assist with court filings and deadlines
• Ensure all debts and taxes are properly handled
• Resolve disputes over the will or estate distribution
• Guide personal representatives through their legal duties
• Help minimize delays and avoid unnecessary costs

Whether you need help navigating probate or want to avoid common pitfalls, our team at Anzen Legal Group is here to assist you.

Call (970) 893-8857 today to schedule a consultation with a Fort Collins probate administration attorney.

Can Probate Be Avoided?

Yes, estate planning strategies can help minimize or avoid probate altogether, including:

• Creating a revocable living trust – Assets in a trust bypass probate and are distributed according to your wishes.
• Adding payable-on-death beneficiaries – Assigning beneficiaries to financial accounts ensures direct transfer.
• Joint property ownership – Holding property in joint tenancy with right of survivorship allows for automatic transfer upon death.

If avoiding probate is a priority, we can help structure your estate plan accordingly.

Call us at (970) 893-8857 to discuss your options with a Fort Collins probate attorney.

Do You Handle Contested Probate Matters?

Yes, Anzen Legal Group handles contested probate cases, including disputes over estate administration, will validity, and asset distribution. Common challenges involve rival claims, allegations of undue influence, fraud, or multiple conflicting wills. If a will is contested, the court may need to determine its validity under Colorado law (C.R.S. § 15-11-501 et seq.). As probate attorneys with decades of experience, we represent heirs, beneficiaries, and executors, ensuring compliance with legal requirements while working to resolve disputes efficiently.

In addition to contested wills, we assist with estate administration, including tax calculations, real estate evaluations, and asset transfers. If you are facing a probate dispute, seeking legal counsel early can help protect your rights and financial interests. Call (970) 893-8857 today to schedule a consultation with a Fort Collins probate attorney and discuss your legal options.