Probate Attorney Denver, Colorado
Meurer & Potter Law Office, Denver, Colorado
Losing a loved one is overwhelming. The last thing a grieving family needs is confusion about court deadlines, creditor claims, and legal obligations. At Meurer & Potter, P.C., our Denver probate attorney team guides families through Colorado’s probate process with clarity, efficiency, and compassion. We have been handling probate and estate administration cases across the Denver metro area since 1991, and we typically complete probate proceedings in under a year.
We offer every family a free consultation to determine whether probate is even necessary in your situation. Many families are surprised to learn that certain assets, such as retirement accounts, life insurance, and jointly held property, transfer automatically and never enter probate. We’ll help you understand exactly what you’re facing before you commit to anything.
Since there are important deadlines that you are required by law to meet, it is important to consult with an attorney who has experience handling probate law cases.
What is Probate?
Your Steadfast Advocate in the Colorado Probate Courts
Probate is the court-supervised legal process of settling a deceased person’s estate. It involves collecting the decedent’s assets, paying outstanding debts and liabilities, filing and paying necessary taxes, and distributing remaining property to heirs or beneficiaries. Probate is required when property is not legally structured to automatically transfer upon death.
In Colorado, probate begins by filing an application or petition in the District Court of the county where the deceased resided at the time of death. Once opened, the court appoints a Personal Representative. This individual is responsible for managing estate assets, paying debts and expenses, distributing remaining property to beneficiaries or heirs, and closing the estate once administration is complete.
Colorado’s probate law is based on the Uniform Probate Code, which provides a relatively streamlined process compared to many other states. However, strict timelines and procedural requirements must be followed; mistakes can delay the process by months or result in personal liability for the Personal Representative.
Denver Probate Attorney Services
Guiding Denver families through probate with clarity, compassion, and efficiency.
Informal vs. Formal Probate in Colorado
Colorado recognizes two types of probate. Informal probate is used when the estate is uncontested and straightforward—there are no disputes about the will’s validity, the named Personal Representative is willing to serve, and the beneficiaries agree on the distribution. Informal probate requires less court involvement, moves faster, and costs less. It is the most common path for typical Colorado estates.
Formal probate is required when disputes arise. This includes situations where the will’s validity is challenged, multiple parties claim to be the rightful Personal Representative, beneficiaries disagree on distributions, or the estate involves complexities that require direct court supervision. Formal probate involves hearings, additional filings, and typically takes longer and costs more. Our probate attorneys handle both paths and will advise you on which applies to your situation.
Colorado Probate Timelines and Costs
A probate petition cannot be acted upon until at least 5 days (120 hours) after death. Under Colorado law, it takes a minimum of 6 months after the appointment of a Personal Representative before the estate can be closed. Most straightforward estates are completed within 9 to 12 months. Complex estates involving disputes, significant assets, or tax issues may take longer.
The current court filing fee to open probate is $281.00 (if two sets of Letters are requested). Publication of a Notice to Creditors is required, and costs range from $75.00 in smaller newspapers to $400.00 in larger newspapers. Attorney fees vary based on the complexity of the estate—we discuss all costs transparently during your free consultation so you know what to expect before committing.
What Does Not Go Through Probate?
Certain assets are designed to transfer automatically and do not pass through probate. These include bank accounts with Pay-On-Death (POD) designations, life insurance policies with named beneficiaries, retirement accounts with designated beneficiaries, and property held in joint tenancy with right of survivorship. Assets held in a properly funded revocable living trust also bypass probate entirely. If you need help with trust administration after a loved one’s passing, our trust administration attorneys handle that process separately.
Does a Will Avoid Probate?
No. This is one of the most common misconceptions in estate law. A will does not avoid probate. A will is simply court instructions—it names the person chosen to be the Personal Representative and designates who receives the property. The estate must still go through probate for the court to validate the will, authorize the Personal Representative, and oversee the distribution. There are also important deadlines for recording the will in Colorado, so it’s critical to contact a Denver probate lawyer as soon as possible after the death of a loved one.
What Happens Without a Will?
When someone dies without a will in Colorado—called dying “intestate”—state law determines how assets are distributed. Under Colorado’s intestate succession statute, assets generally pass first to a surviving spouse, then to children, then to parents, siblings, and more distant relatives in a statutory order. If no heirs can be identified, the estate may ultimately escheat to the state of Colorado.
An intestate estate still goes through probate, often with added complexity because the court must determine the rightful heirs, and there is no will naming a Personal Representative. The court will appoint someone—but that person may not be who the deceased would have chosen. This is one of the strongest reasons to have an estate plan in place before it’s needed.
When Probate Disputes Arise
Not every probate case proceeds smoothly. Our probate litigation attorneys handle will contests involving claims of undue influence, fraud, lack of testamentary capacity, or improper execution. We also represent and defend Personal Representatives and trustees facing allegations of breach of fiduciary duty. Whether you are challenging a will, defending your actions as a fiduciary, or navigating a dispute among beneficiaries, we provide experienced representation in Arapahoe, Denver, and Douglas Counties, and in courts throughout Colorado.
Serving the Denver Metro Area and Colorado’s Front Range
Our office in Greenwood Village is located at 5347 South Valentia Way, near the Denver Tech Center. We handle probate matters in Arapahoe County District Court, Denver Probate Court, Douglas County District Court, El Paso County District Court, and courts throughout Colorado. We serve families in Denver, Colorado Springs, Centennial, Highlands Ranch, Littleton, Parker, Castle Rock, Lakewood, Arvada, Aurora, and Boulder.
Frequently Asked Questions About Probate Attorney Legal Services
Insights to help you make informed decisions about asset protection
Our FAQs offer practical guidance on probate attorney legal services. They are written to help you stay informed, not overwhelmed.
Probate is the legal process of collecting a deceased person’s assets, paying outstanding debts and taxes, and distributing remaining property to heirs or beneficiaries. In Colorado, probate is initiated by filing a petition in the District Court of the county where the deceased resided. The court appoints a Personal Representative to manage the process.
No. A will does not avoid probate. A will is court instructions that name the Personal Representative and designate who receives the property, but the estate still goes through the probate process. To avoid probate in Colorado, assets must be held in a trust, in joint tenancy, or have designated beneficiaries.
Colorado law requires a minimum of 6 months after the appointment of a Personal Representative before an estate can be closed. Most straightforward estates are completed within 9 to 12 months. Estates involving disputes, complex assets, or tax issues may take longer.
The court filing fee is currently $281.00 (if two sets of Letters are requested). Publication of a Notice to Creditors is required and costs between $75.00 and $400.00 depending on the newspaper. Attorney fees depend on estate complexity and are discussed during your free consultation.
Assets that transfer automatically outside probate include bank accounts with Pay-On-Death designations, life insurance with named beneficiaries, retirement accounts with designated beneficiaries, property in joint tenancy with right of survivorship, and assets in a properly funded trust.
When someone dies intestate in Colorado, state law determines asset distribution. Assets generally pass to a surviving spouse first, then to children, then to other relatives. If no heirs are found, the estate may escheat to the state. Intestate estates still go through probate, often with added cost and complexity.
Informal probate is for uncontested, straightforward estates with minimal court supervision. Formal probate is required when disputes arise, the will is contested, or the estate requires direct court oversight. Formal probate involves hearings, more filings, and typically takes longer.
A Personal Representative (also called an Executor) is the person appointed by the court to manage a deceased person’s estate during probate. Their duties include securing assets, paying debts and taxes, distributing property to beneficiaries, and filing required documents. They are held to a fiduciary standard and can be personally liable for mismanagement.