What is Probate?

Paul F Lewis • January 23, 2019

What is probate?


Employment, Insurance, Malpractice, and Estate Attorneys Serving Denver, Colorado Springs, Pueblo, Castle Rock & Nearby Colorado

When someone passes away, the person’s money, property, and possessions need to be distributed to the correct parties. The legal process of settling an individual’s estate — including assets and debts — is called probate. Probate law varies by state and can be complex, so it is crucial to work with experienced Colorado attorneys. The award-winning attorneys at Leventhal Lewis can help you navigate this process.


What Does Probate Include?


Probate ensures that an individual’s estate is handled according to his or her will. In some cases, this process is straightforward. However, probate can also be incredibly complex and require a significant degree of court involvement.


Disagreements and confusion may arise, especially if there isn’t a will. Dying without a will, also known as dying intestate, means that certain state guidelines must be followed to distribute any assets. Probate law exists to sort out any confusion and achieve a fair outcome, and our skilled probate lawyers can help you navigate the process.


Probate is designed to handle all aspects of estate administration, including:

  • Proving that a will, if it exists, is valid
  • Appointing a personal representative
  • Locating and determining the value of all assets
  • Paying any debts and taxes
  • Distributing assets according to the will, or according to state law if there is no will


When is Probate Necessary, and When Can It Be Avoided?


You may have to deal with the probate process if you are the personal representative in a deceased family member’s, friend’s, or loved one’s will — or if a judge appoints you in the event that no will exists. Generally speaking, formal probate is necessary when:

  • A will is contested
  • A will is unclear
  • A will is invalid
  • There are significant challenges, including property title disputes

This process can be difficult, especially while you are grieving. As a personal representative, you have many duties. If you don’t file the right paperwork and meet important deadlines, you could be held liable for your errors. Our lawyers can help.


Keep in mind that you may also be able to avoid a lengthy probate process by filing a Colorado small estate affidavit. This is an option if the total value of the assets is relatively small and the estate has no real property. Additionally, the informal probate process may be appropriate if the original will is available, the will is valid and uncontested, and there is a qualified personal representative available.

There are several ways that you can help your heirs avoid the probate process, including:

  • Establishing a living trust
  • Making your accounts payable on death
  • Having proper beneficiary designations that correspond with your estate plan.


Contact Our Probate Attorneys


You need to act quickly in probate matters to ensure the estate is handled in accordance with the law. Our attorneys can help identify what type of probate is necessary for your situation and advise you on your next steps.


We know that being entrusted with someone’s estate is an honor, but it can also feel like a burden. Call Leventhal Lewis today at 719-694-3000 for a free case evaluation. We serve clients in the Colorado Springs, Pueblo, and Castle Rock areas as well as throughout Colorado.

Category : Probate and Estate law

February 20, 2025
Navigating Overtime Disputes in Colorado: Employee Rights and Employer Responsibilities
February 12, 2025
Understanding the Appeals Process in Colorado
February 12, 2025
Who Is Eligible for Medicaid in Colorado?
February 12, 2025
Will vs. Trust in Colorado: Understanding the Key Differences
February 12, 2025
Protecting Whistleblowers in Denver: Legal Support from Leventhal Lewis Kuhn Taylor Swan PC
October 29, 2024
What is the Statute of Limitations for a Colorado Car Accident?
June 24, 2024
Navigating the Probate Process in Colorado with Ease
April 1, 2024
As a business owner in Colorado, you understand the importance of protecting your company's interests and reputation. However, disputes and conflicts are inevitable in the world of business. When faced with legal challenges, it is crucial to have a knowledgeable and experienced attorney by your side to navigate the complex landscape of business litigation and dispute resolution. In this blog post, we will delve into the significance of having a skilled attorney specializing in business disputes on your team.  Understanding Business Litigation: Business litigation involves legal disputes that arise in the course of running a business. These disputes can range from contract breaches to intellectual property infringement to partnership disagreements. A skilled business litigation attorney understands the nuances of these cases and can provide valuable guidance on how to best protect your company's interests. They will analyze the situation, develop a strategic plan, and advocate on your behalf in court if necessary. Importance of Dispute Resolution: While litigation is sometimes necessary, many business disputes can be resolved through alternative methods such as negotiation, mediation, or arbitration. A dispute resolution attorney specializes in helping parties reach mutually beneficial agreements outside of the courtroom. This can save time, money, and preserve relationships that may be vital to the success of your business. Expertise in Colorado Laws: Hiring a local attorney who is well-versed in Colorado laws and regulations is essential when dealing with business disputes within the state. An attorney familiar with Colorado's legal landscape will have knowledge of local courts, judges, and procedures that can give you an edge in resolving your case efficiently and effectively. Protecting Your Business Interests: A skilled business litigation attorney will work tirelessly to protect your company's interests throughout any legal proceedings. They will strive to achieve the best possible outcome for your business while minimizing risks and liabilities. By having an attorney who understands your industry and has experience handling similar cases, you can feel confident that your company's future is in capable hands. Partnering with a Litigation & Dispute Resolution Attorney: When faced with a business dispute or potential litigation, it is crucial to seek legal counsel from an attorney who specializes in these areas. By partnering with a litigation & dispute resolution attorney, you are investing in the protection and success of your business for years to come. In conclusion, navigating business disputes requires expertise, strategy, and dedication – qualities that a skilled litigation & dispute resolution attorney possesses. By enlisting the help of an experienced professional who understands Colorado laws and has a track record of success in handling complex cases, you can rest assured that your company's interests are being protected every step of the way. Don't wait until it's too late – consult with a reputable attorney today to safeguard your business against potential legal challenges.
February 16, 2024
Accidents happen, and sometimes they can be quite serious. If you've slipped and fallen at work, it's important to know what steps to take next. Whether you're a new employee or have been working in Colorado for years, knowing what to do after an accident can help you protect your rights and get the care you need. In this blog post, we'll discuss the four steps you should take if you slip and fall at work in Colorado. Report the accident The first step after a slip-and-fall accident is to report it to your employer as soon as possible. Even if your injuries seem minor, it's important to document the incident for two reasons: First, reporting the incident promptly ensures that your employer has time to investigate and address any hazards that may have caused the accident. Second, if your injuries turn out to be more serious than you initially thought, documenting the incident will help support any claims or workers' compensation filings down the line. Seek medical treatment If you've been injured in a slip-and-fall accident, it's essential that you seek medical treatment right away. Even if your injuries seem minor at first, they could worsen over time without proper care. Additionally, getting prompt medical attention will help ensure that there is a record of your injuries that can be used later on if necessary. File a claim If your injury was caused by someone else's negligence (such as a poorly maintained walkway or spilled liquid), you may be entitled to compensation for damages such as medical bills and lost wages. To begin this process, file a claim with your employer's workers' compensation insurance carrier within the designated timeframe (in Colorado it must be filed within 4 days of knowing about the injury). Contact an attorney If you're struggling to get the compensation you deserve after a slip-and-fall accident, consider contacting an attorney who specializes in personal injury cases. An experienced attorney can help you navigate the legal system and pursue your rights to compensation. They will also be able to help you determine if there is any other evidence or documentation needed for your case. Slipping and falling at work can be a scary experience, but knowing what steps to take next can help ease your worries and protect your rights. Reporting the incident, seeking medical treatment, filing a claim, and contacting an attorney are all important steps that could help ensure you receive the compensation you deserve. If you've been injured on the job in Colorado, don't hesitate to take action - it's your right!
January 29, 2024
Understanding the Statute of Limitations for Car Accident Claims in Colorado
More Posts
Share by: