Probate Law

Meurer & Potter Law Office, Denver, Colorado

At the Meurer & Potter Law Office in Denver, we’re here to assist families with probate law and managing their deceased loved one’s estates. We’ll quickly, inexpensively and accurately probate estates with or without a Will, typically in under a year. This includes:

  • A free consultation to families or individuals to determine if probate is even necessary in Colorado
  • A free checklist of what steps need to be taken after the death of a spouse, family member or loved one
  • Keeping all of the beneficiaries informed by making it a goal to return any phone call within 24 hours to avoid disputes

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?

Probate is a “process [that] involves collecting the decedent’s assets, liquidating liabilities, paying necessary taxes, and distributing property to heirs.” Colorado probate law is based on the Uniform Probate Code, which as of this time, has been adopted by sixteen states.

A deceased person’s property goes through probate when it is not legally designated to automatically pass to the next generation. It’s initiated in Colorado with the filing of an application for an estate to be admitted to probate in the District Court of the county in which the deceased resided at their death.

A personal representative (also known as an Executor or Executrix) is then appointed, who is in charge of paying the deceased individual’s debts and distributing the excess to the beneficiaries, heirs or devisees who survive them. After an “estate” has been administered and taxes paid, the case is then closed with the court. It is also important to know:

  • A petition for probate cannot be acted on by the court until 5 days (120 hours officially) after the death of an individual
  • Under Colorado Law, it takes a minimum of 6 months after the appointment of a personal representative until the closing of an estate is possible
  • There is a court filing fee associated with a probate proceeding, currently $169.00 if two sets of letters are requested
  • Costs will also include publishing a notice of death in a local newspaper, ranging from a low of $25.00 in smaller newspapers to almost $400.00 in the Denver Post

According to probate law, bank accounts with pay on death designations, life insurance policies or retirement accounts with beneficiary designations, and property held in joint tenancy with right of survivorship are pre-designated to go to a specified individual (or individuals) and thus do not pass through the probate process.

Many families mistakenly believe that a will negates the need to probate an estate. However, a will is simply court instructions, naming the person chosen to be the personal representative or executor and designating who receives the property. There are also deadlines for recording the Will, so it’s important to contact an expert in Colorado probate law as soon as possible after the death of a loved one.

The Meurer & Potter Law Office offers a free consultation to determine if probate is required by Colorado in your situation. We’ll help you navigate the intricacies of probate law and move the process along as efficiently as possible. We understand that court matters along with the loss of a loved one can be overwhelming, and we’ll work diligently to relieve this burden.

Call or contact our offices today to schedule your free consultation: 303-991-3544