When a person dies, any assets that they have will typically be passed on to their heirs. This may happen through intestate succession, if they died without a will, or according to the terms of their last will and testament. For certain types of property, the transfer occurs through probate.
Probate is the formal legal process that is used to identify heirs and beneficiaries, inventory and value assets, pay debts, and distribute property after a person dies. The personal representative of the estate is responsible for carrying out these duties. Because probate can be both time-consuming and complex, particularly when you are already grieving the loss of a loved one, many people choose to work with an experienced Colorado Springs probate attorney to help them through probate.
At Ascent Legal Group, our legal team offers skilled guidance and support to clients who are navigating estate administration after the death of a loved one. From opening probate to determining the validity of debts, we are here to help. Contact our law firm today to schedule a free consultation with a Colorado Springs probate lawyer.
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What Is Probate?
Also known as estate administration, probate is the process that is used to legally wrap up a deceased person (decedent)’s affairs and transfer their assets to their heirs. In Colorado Springs, a judge within the El Paso County District Court will appoint a personal representative to handle probate. The personal representative may be named in the decedent’s will or selected by the court.
During probate, the personal representative will be responsible for:
- Inventorying and collecting assets;
- Paying final expenses, debts, and taxes; and
- Distributing remaining assets to heirs and beneficiaries.
Not all assets will go through probate. In Colorado, some assets are considered non-probate. This means that they transfer directly to a beneficiary upon death. Examples of non-probate assets include:
- Any assets held in a trust
- Retirement accounts such as an IRA or 401(k)
- Life insurance proceeds
- Jointly-owned property (with right of survivorship)
- Assets with a transfer-on-death or payable-on-death designation
For example, a mother decides to put her adult son on her bank account. They own the accounts jointly with the right of survivorship. When the mother passes, the account is owned by the son as the surviving owner. This bank account would be considered a non-probate asset. Similarly, if the mother named her son as the beneficiary on her 401(k), then this money would go directly to him without being probated.
All other assets must go through the probate process to make sure that they are properly transferred and that the decedent’s wishes are carried out. If the deceased person did not have a will, then Colorado law will dictate how the assets are distributed according to the laws of intestate succession. Generally, this will result in the assets going to closely-related family members, such as a surviving spouse, child, parents, or siblings.
Is Probate Always Necessary?
Probate is not always required in Colorado. If an estate consists solely of non-probate assets, for example, then probate will not be necessary. This can be accomplished through careful estate planning and the use of trusts.
There are also ways to bypass full probate even if an estate has probate assets. There are two options for avoiding the full probate process in Colorado: a small estate affidavit and summary administration.
The small estate affidavit process can be used if the total value of an estate is under $86,000 (in 2025) and there is no real estate to probate. If no petition to open probate has been filed and at least 10 days have passed since the decedent’s death, then an interested party can file a small estate affidavit. The limit for small estates does not include non-probate assets, so this may be an option even for larger estates.
The second alternative to full probate is summary administration. This is a more streamlined version of probate that is available in limited circumstances. Generally, you can take advantage of summary administration 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. It is much faster and far less burdensome than traditional probate.
The rules surrounding probate can be complicated and difficult to understand. If you are unsure about whether probate may be necessary in your case, our Colorado Springs probate attorneys can help you understand your options during a free initial consultation.
How to Probate a Colorado Springs Estate
While every estate is different, the probate process follows certain steps. It starts with filing a petition in the El Paso County Court (or the county courthouse where the decedent’s estate is located, if not El Paso County). The petition must include the death certificate, a list of heirs, and a copy of the original will (if applicable). If there is no will, then the list of heirs should include anyone who is entitled to inherit under the laws of intestate succession.
This petition is typically filed by the personal representative who is named in the decedent’s will. However, it could also be filed by anyone with an interest in the estate. This could include a surviving spouse, next of kin, or even a creditor who believes that the decedent owes them money. Once probate is opened, the court will officially appoint a personal representative (who may also be referred to as the executor).
If there are no disputes about the contents of the will or who the executor will be, then the estate can go through the informal probate process. This is usually faster because it will not require a court hearing.
If there is any question about the inheritance or the appointment of the personal representative, then the estate must go through formal probate. All interested parties must be notified about the petition to open probate. The court will then schedule a hearing and make a decision about any disputes. Formal probate is a much lengthier process, which is why it is often preferable to go through informal probate whenever possible.
Once probate is officially opened, the personal representative has a list of tasks to complete. Keep in mind that the personal representative has a fiduciary duty to act in the best interests of the estate, and can be held liable for any violation of this duty. Given the heavy responsibilities associated with this role, many individuals choose to work with a Colorado Springs probate lawyer to help them with the process.
Inventorying Assets
With probate open, the personal representative will get to work. The first steps include getting a tax identification number for the estate and opening up an estate bank account. This is important so that the executor can pay bills and taxes on behalf of the estate.
Next, the personal representative will need to inventory the decedent’s assets and debts. This involves:
- Collecting and listing all separately-owned probate assets, including real estate, artwork, bank accounts, vehicles, and any other property that the decedent owned exclusively.
- Organizing documentation related to this property, such as deeds, titles, and account statements.
- Putting together a list of all outstanding debts, such as personal loans, credit card balances, medical bills, and mortgages.
- Seeking a valuation for all estate assets as of the time of the decedent’s death.
When these steps are completed, the personal representative will provide an inventory report to all interested persons before moving onto the next steps of the process.
Notifying Creditors and Paying Debts
After probate has been opened, the personal representative must notify creditors. For known creditors, this can be done directly. For potential unknown creditors, the executor will publish a public notice (typically in a newspaper) about the opening of the estate. Known creditors have the later of the date of the published notice or 60 days after receiving a mailed notice to file a claim. Unknown creditors have up to 4 months after the public notice to file a claim against the estate.
The personal representative must then analyze any and all claims made by creditors against the estate. When the creditor claim period has ended, the personal representative can negotiate and pay valid claims. They are also responsible for paying any other debts, including funeral and burial expenses, medical bills, and state and federal taxes.
Distributing Assets
When the assets have been inventoried and debts have been paid, the personal representative can begin to close the estate. For formal probate, this involves submitting a formal distribution plan to the court that explains how the estate assets will be distributed among heirs and beneficiaries. If the court approves the plan, then the personal representative can distribute the assets.
For informal probate, the personal representative will notify the court that the estate has been fully administered. They can then distribute the assets without a court hearing. If no action has been taken on a probate case in 3 years, then the court can administratively close the case.
Being a personal representative is not an easy task. It is time-consuming and can be stressful, particularly when you are going through the grieving process and potentially dealing with complex family dynamics. Our Colorado Springs probate attorneys can work with you to make the process as seamless as possible, taking on the burden of probate for you.
Our law firm represents clients throughout El Paso County in estate and probate matters. Our services include:
- Estate and trust administration
- Probate litigation
- Will contests
We understand how difficult it can be to deal with the paperwork and bureaucracy of probate when you are already going through a challenging time. Our job is to make probate as easy as possible for you, helping you open probate, inventory assets, negotiate creditor claims, distribute assets, and more. We can also represent you should any disputes arise during the process.
Talk to a Colorado Springs Probate Lawyer at No Cost
Few people look forward to being named a personal representative or dealing with probate. While the process is necessary to make sure that an estate is handled correctly, it can be difficult to navigate. Our Colorado Springs probate lawyers will help you through each step of estate administration, making it as easy as possible for you and your family.
At Ascent Legal Group, we offer skilled legal representation on probate matters for clients in the Colorado Springs area. Our goal is to make the process smooth and as low-stress as possible, helping you understand your legal rights and obligations. To learn more or to schedule a free consultation with a Colorado Springs probate attorney, call our law offices at 719-625-8951 or fill out our online contact form.