If you’re handling the estate of a loved one who has passed away in Colorado, you might be wondering if you’re allowed to start clearing out their house before the probate process ends. Before you start packing boxes, it’s important to understand the legal steps...
Probate
Common issues and challenges in probate
Probate is the legal process of administering a deceased person's estate. This involves validating the will if one exists, settling debts and distributing assets to beneficiaries. Probate ensures a clear, legal transfer of assets and provides a structured way to...
Why should you avoid probate?
As you begin your estate planning journey, most professionals you may consult with will often give one piece of advice: avoid probate at all costs. Probate is the legal process in which a court oversees the distribution of your assets according to your will or state...
Are clerical errors a ground to challenge a will?
In Colorado, like in most states, involved parties can contest a will on several grounds, such as lack of testamentary capacity, undue influence, fraud or failure to comply with the requirements of a valid will. While these are common reasons to challenge a will, they...
What happens if you die without a will in Colorado?
Planning for the future is an important aspect of life, and creating a will plays a crucial role in it. A will allows you to dictate how your assets and estate should distribute after your passing. However, if you die without a will, also known as dying intestate, the...
How long does probate take?
Probate is essentially the settlement process of an estate during which the courts determine what to do with its assets. If you recently lost a loved one and anticipate receiving part of his or her estate, you may wonder how long the probate process takes. The...
How can I open an estate without going to court?
As an estate executor for a relative, you probably are not looking forward to probate. The processing of an estate in court can take a while, and you likely wish to get it over with as soon as possible. Fortunately, Colorado law permits a way to simplify the process...
How can I prepare for a possible will contest?
While many families do not get into legal fights over the will of a relative, you may have reason to fear that one or more family members could contest your will after your death. If so, you should understand how to answer possible challenges to your will while you...
Three issues an ill decedent may leave for an executor
A person who is old or contracts a serious illness may spend the last few years of his or her life in ailing condition, making it difficult or impossible to tackle some important financial matters or property issues. A potential executor to a sick loved one should be...
How to set a hearing for a probate court issue in Colorado
Upon the death of a person with assets, the Colorado courts could require a probate hearing. Interested parties must follow specific procedures to satisfy legal requirements. One potential step involves the scheduling of a hearing before the probate court system....