When a person dies, their financial matters often have to be resolved through the probate process. This involves going to court, having a personal representative appointed, inventorying and valuing assets, paying debts, and finally distributing assets to heirs and beneficiaries. Probate involves a lot of steps that can take time, depending on the individual case.

Many informal, uncontested estates close in 6–12 months; complex or contested estates often run 12–24 months or more. It is possible for probate to take as long as several years to complete if the estate is large or complicated, the records are disorganized, or if there is a dispute. Our Colorado Springs probate lawyers can help you administer your loved one’s estate, working to get it completed correctly and promptly.

At Ascent Legal Group, we help individuals and families navigate the legal process after a loved one dies. We can assist with every aspect of estate administration, including any probate litigation that may arise. Contact our law firm today to schedule a free consultation with a Colorado Springs probate lawyer.

What Is Probate?

Probate is the legal process of administering a deceased person’s estate. In probate, the deceased person is known as the decedent. Through probate, the decedent’s debts are settled, and any remaining assets are distributed according to their last will and testament or per state law, if they did not have a will.

Through probate, the decedent’s will is validated, and a personal representative is appointed to handle the estate. The personal representative has a fiduciary duty to act in the best interests of the estate and its beneficiaries. Their role includes gathering and inventorying assets, notifying creditors, negotiating the payment of debts (if any), doing a final accounting, and distributing estate assets to heirs and beneficiaries.

In Colorado, probate is not always necessary. This can happen for a few different reasons.

First, only certain assets have to be distributed through the probate process. These are known as probate assets. If an asset will transfer directly to a beneficiary upon death, then they are non-probate assets. Examples of non-probate assets include life insurance proceeds, jointly-owned property, property held in a trust, and retirement accounts. If a person dies with only non-probate assets, then their estate will not have to go through probate.

If the decedent died leaving only personal property (no real estate) and the total probate estate is under the small-estate affidavit limit for the year of death ($82,000 for 2024 deaths, adjusted annually), successors may use a small-estate affidavit. This is a far quicker process than full probate, which can sometimes take several years to wrap up. Even for large estates, this process can potentially be an option if the estate largely consists of non-probate assets.

Alternatively, you may be able to utilize the summary administration process. This is a quicker version of probate that can be used if the net value of the estate does not exceed the value of the personal property held by the decedent as a fiduciary or trustee, the exempt property allowance, the family allowance, costs of administration, reasonable funeral expenses, and the medical expenses of a last illness. Our Colorado probate administration attorneys can help you understand whether this faster process may be available to you based on your specific situation.

Probate is often – but not always – required for Colorado estates. If a loved one passes and you are unsure of what steps to take next, reach out to our law firm to schedule a free initial consultation with a member of our legal team.

The Probate Process

If probate is required, then there are multiple steps that must be taken over the course of several months. If you were named as the personal representative in the decedent’s last will and testament, then you will probably be responsible for getting the probate process started. Below, we outline the general steps that are involved in Colorado probate cases:

1. File the probate petition in the county where the decedent last resided. In addition to the petition, you will need to submit a copy of the original will, a death certificate, and a list of heirs and beneficiaries.
2. The court will then validate the will, if it exists, and appoint a personal representative. If the decedent died without a will (known as dying “intestate”) or did not name a personal representative, the court will appoint a personal representative. At this point, the probate will either go the formal route or the informal route. If there is a dispute about the will or the personal representative, the matter proceeds as formal probate, which involves hearings and usually takes longer. Uncontested estates often proceed informally.
3. When the estate is opened, the personal representative will notify heirs, creditors, and other interested parties about the probate proceedings. This can be done through formal mail and public notices in local newspapers. These notices will include a deadline for creditors to file a claim against the estate, which is usually 4 months after first publication or written notice, whichever is later, but never later than 1 year after death.
4. The personal representative should also obtain a tax identification number for the estate and open a bank account. 
5. The personal representative will then start to inventory assets and have them appraised. This will help ensure that debts and taxes are appropriately paid and that the distribution to beneficiaries is equitable.
6. Next, the personal representative will determine the validity of creditor claims and negotiate payments. This includes paying any estate expenses, such as final medical bills, burial expenses, and other taxes.
7. Once all debts have been settled, the estate’s assets can be distributed to beneficiaries in accordance with the will or the laws of intestate succession.

Each of these steps may take some time. For example, filing the original petition usually takes a few weeks after a person’s death – but it may take longer depending on the situation. Resolving debts can also take some time, along with gathering assets and obtaining appraisals. If you want to make sure that your loved one’s estate is administered both correctly and efficiently, our Colorado Springs probate attorneys can help.

How Long Will Probate Take?

If probate is required in your case, then it could take anywhere from 6 months to several years from opening probate to final distribution of assets. On average, probate in Colorado takes 9 to 24 months. There are several factors that influence the probate timeline. Our probate attorneys can give you a more accurate estimate of how long probate may take for your specific case when you schedule a free consultation with our team. 

The Size and Complexity of the Estate

Generally, larger estates and estates with more complicated assets take longer to resolve compared to a simpler, straightforward probate case. For example, if a decedent owned multiple properties, had several business ventures, and numerous investments, it will often take more time to gather those assets, obtain a valuation, and make a final distribution. By comparison, if a person left behind their home, personal property (such as furniture and a vehicle), and a few financial accounts, that will typically take less time to sort out during the probate process.

Disputes

If someone contests the will or the appointment of the personal representative, it may take much longer to complete probate. The estate will need to go through formal probate, with court hearings and potentially litigation. This will add time to the probate process.

Creditors

If the decedent had any outstanding debts, then creditors have up to one year from the date of death to file a claim. While this time period can be as short as 4 months from the date of notice to creditors, it can still extend the amount of time that it takes to close probate.

Real estate sales

If the personal representative needs to sell real property owned by the estate, this can take some time to prepare the property, market it, find a buyer, and close the transaction.

Organization

If the decedent’s financial affairs were well-organized, then it would take less time for the personal representative to gather assets and prepare an inventory for the court. Otherwise, it may take months to unravel the estate’s finances and figure out what the decedent owned so that it can be properly accounted for and distributed.

Ways To Speed Up A Probate Case

If you are appointed as the personal representative of an estate, there are several ways that you can help streamline the process. This includes keeping good records, with all financial and legal paperwork in order, so that you can easily and accurately meet your reporting requirements for the court. You should also communicate openly with all heirs, beneficiaries, and other parties to reduce misunderstandings and avoid potential disputes. If a problem does arise, you can explore options like mediation or negotiation to resolve disputes rather than going through the legal process.

The best way to make the probate process smooth is to work with an experienced Colorado Springs probate attorney. They can handle estate administration for you, dealing with all of the paperwork and bureaucracy. Having a neutral third party handling the estate can alleviate the burden of probate and may even help you avoid disputes that can arise due to difficult family dynamics. A lawyer can make sure that probate is handled efficiently and can work with you to make sure that you meet your fiduciary duties as the personal representative of the estate.

Learn More at No Cost from a Seasoned Colorado Springs Probate Attorney

In Colorado, probate is often necessary to administer a decedent’s estate. While the process can take some time, being organized and working with a lawyer can help you get through the process smoothly and efficiently. This can help to reduce stress, minimize conflict, and get the estate completed as quickly as possible.

At Ascent Legal Group, we know that most people find the process of serving as a personal representative a bit overwhelming.  We can take on the bureaucratic burden for you, working to get the estate administered both properly and promptly. To learn more or to schedule a free consultation with a Colorado Springs probate attorney, call our law offices at 719-256-0067 or fill out our online contact form.