Losing someone close to you is hard enough. Figuring out the legal side of settling their estate while you are still grieving makes everything harder. Denver probate attorneys at The Law Office of Andrew Bryant represent families and personal representatives across the metro area, from LoDo to Centennial, through every stage of the Colorado probate process.
Whether your loved one had a will, a trust, or no estate plan at all, we handle the filings, creditor notices, asset transfers, and any disputes that may arise, so you don’t have to manage it on your own. If you need to open a probate case or have been named as an executor, call (719) 634-7353 to schedule a free consultation.
How The Law Office of Andrew Bryant Helps Families With Denver Probate
The Law Office of Andrew Bryant has represented Colorado families since 2012 in family law, estate planning, and probate matters. Our attorneys understand that probate is not just a legal process. It is something you are going through during one of the most difficult stretches of your life, and you need a probate law firm in Denver that respects that reality.
Andrew Bryant graduated from The George Washington University and the University of Kentucky College of Law. He began his legal career as a Deputy District Attorney in El Paso County before opening his own practice. His courtroom experience, combined with a deep understanding of Colorado family and estate law, shapes how our team approaches every probate case we take on.
Why Denver Families Work With Our Firm
The firm holds an A+ rating from the Better Business Bureau, carries the Martindale-Hubbell AV Preeminent rating, and has been named to The Gazette’s Best of the Springs list six of the last eight years. With over 100 Google reviews and a 4.7-star rating, our clients consistently point to clear communication and personal attention as the reasons they recommend us. Individual results vary, and past outcomes do not predict future results.
What Our Probate Lawyers Handle
Probate touches on a wide range of legal, financial, and personal issues. Our attorneys work with executors and beneficiaries throughout the Denver area on matters that include:
- Filing probate petitions with the Denver Probate Court or the appropriate district court in neighboring counties like Arapahoe, Jefferson, Douglas, or Adams
- Guiding executors through their fiduciary duties under the Colorado Probate Code (Title 15 of the Colorado Revised Statutes)
- Notifying creditors, resolving claims against the estate, and managing the timeline required by Colorado law
- Distributing assets to beneficiaries according to the terms of a will or Colorado’s intestate succession rules
- Representing clients in contested probate matters, including will challenges, disputes over executor conduct, and disagreements among heirs
Each of these tasks carries its own deadlines, filing requirements, and potential consequences. Missing a single step may delay the entire process or expose the executor to personal liability.
How Does the Probate Process Work in Denver?
Probate in Colorado is the court-supervised process of settling a deceased person’s estate. It involves validating a will (if one exists), appointing an executor (called a personal representative under Colorado law), paying debts, and distributing remaining assets to the rightful beneficiaries.
Denver is home to Colorado’s only dedicated probate court, the Denver Probate Court, which handles all probate matters for estates within the City and County of Denver. Every other county in the state processes probate through its district court.
Informal Probate in Colorado
Most estates in Colorado go through informal probate, a streamlined process that does not require a court hearing. The executor files an application with the court registrar, and if everything is in order, the court issues letters of authority without a formal proceeding. Informal probate works well for straightforward estates where the will is uncontested and the heirs agree on how things move forward.
Formal Probate in Colorado
Formal probate requires a court hearing and involves judicial oversight at key stages. A few situations that typically push a case into formal probate in Denver and across Colorado:
- The validity of the will is in question, whether due to concerns about the testator’s mental capacity, undue influence, or execution errors
- Heirs or beneficiaries disagree about how the estate should be distributed
- The estate involves complex assets, large debts, or pending litigation
- No will exists and the identity or priority of heirs is disputed
Formal probate takes longer and costs more than the informal track, but it provides court supervision that may protect the executor from future liability claims. A probate lawyer in Denver helps you determine which path fits your situation and prepares the necessary filings for whichever track applies.
Small Estate Alternatives
Colorado offers a simplified process for smaller estates. If the deceased person’s personal property (not including real estate) is valued at $80,000 or less and the estate does not include any real property titled solely in the deceased person’s name, heirs may collect assets using a small estate affidavit under C.R.S. § 15-12-1201 rather than opening a full probate case. This threshold is set by current Colorado statute and may change over time.
What Does an Executor Do During Denver Probate?
The executor (referred to as a personal representative in Colorado statutes) is the person responsible for managing and settling the estate. The Denver Probate Court or applicable district court appoints this person, either based on the will’s nomination or according to a statutory priority list if no will exists.
The role carries real legal obligations. An executor is a fiduciary, meaning they must act in the best interests of the estate and its beneficiaries at all times. Falling short of those duties may result in personal liability, removal by the court, or both.
Key Duties of an Executor in Colorado
The responsibilities involved in administering an estate are detailed and time-sensitive. An executor in Colorado typically handles the following:
- Locating and securing all estate assets, including bank accounts, investment holdings, real property, and personal belongings
- Providing notice to creditors through publication in a local newspaper and direct notice to known creditors, as required under Colorado law
- Paying valid debts, taxes, and administrative expenses from estate funds
- Filing the deceased person’s final income tax return and any required estate tax filings
- Distributing remaining assets to beneficiaries according to the will or, if no will exists, according to Colorado’s intestate succession rules
Executors who act without legal guidance sometimes make costly mistakes, like distributing assets before the creditor claims period closes or failing to properly account for estate expenses. Working with an estate lawyer in Denver helps you fulfill your duties correctly and reduces your exposure to claims from beneficiaries or creditors.
What Happens When Someone Dies Without a Will in Denver?
When a person dies without a valid will, their estate passes according to Colorado’s intestate succession laws rather than their personal wishes. The court applies a fixed hierarchy based on family relationships, and that order does not flex for promises, verbal agreements, or family dynamics that tell a different story.
Colorado’s Intestate Succession Order
Under the Colorado Probate Code, intestate assets generally pass in the following order:
- To a surviving spouse (the share depends on whether the deceased also had surviving children or parents)
- To children, equally divided, if there is no surviving spouse
- To parents, if there are no surviving children or spouse
- To siblings, then to more distant relatives, following the statutory chain
If no qualifying relatives are located, the estate passes to the state of Colorado through a process called escheat.
Why Intestacy Creates Problems for Denver Families
Intestate succession leaves no room for individual intent. Unmarried partners, stepchildren, close friends, and charitable organizations receive nothing under these rules. Blended families in neighborhoods like Stapleton, Wash Park, or Arvada often face unexpected complications when intestate rules do not match what everyone assumed the deceased person wanted.
An advance plan, even a simple will, avoids these outcomes. But when a loved one has already passed without one, a Denver probate attorney helps the family navigate the intestate process as efficiently as the circumstances allow.
Named as an executor or unsure how to start? Call (719) 634-7353 to talk through your next steps.
How Long Does Probate Take in Denver?
A straightforward informal probate case in Denver may take six months to a year from start to close. Formal probate, contested estates, or cases involving hard-to-value assets like business interests or real property in multiple states may take significantly longer. The timeline depends on the size and complexity of the estate, whether anyone files a dispute, and how quickly the executor fulfills each required step.
Factors That Affect the Denver Probate Timeline
Several variables influence how long probate lasts in Denver and across Colorado:
- The creditor claims period, which runs for a minimum of four months after the executor publishes notice
- Whether any beneficiary or interested party files a dispute or objection
- The complexity of estate assets and whether appraisals or business valuations are needed
- Whether the estate involves real property that must be sold or transferred
- How quickly the executor gathers financial records and files the required paperwork with the court
Delays often stem from incomplete filings, missed deadlines, or disputes among family members rather than anything the court itself does. Working with a Denver estate attorney who handles probate regularly helps keep the process moving and reduces the risk of avoidable setbacks.
Ask The Law Office of Andrew Bryant
Do I need a probate lawyer in Denver?
Colorado law does not require you to hire an attorney for probate. However, executors take on significant fiduciary responsibilities, and mistakes may lead to personal liability. A probate attorney helps you meet every legal obligation, avoid common errors, and move the estate toward closing as efficiently as the circumstances allow.
What if the will is being contested?
A will contest in Colorado must be filed within specific time limits and must raise a legally recognized ground, such as lack of testamentary capacity, undue influence, or improper execution. Our attorneys represent both executors defending a will and parties challenging one through the Denver Probate Court or the applicable district court.
How much does probate cost in Denver?
Probate costs in Colorado include court filing fees, publication costs for creditor notices, potential appraisal fees, and attorney fees. The total varies based on the estate’s size and complexity. The Law Office of Andrew Bryant offers a free initial consultation to review your situation and give you a realistic picture of the costs involved.
What happens to the house during probate in Colorado?
Real property titled solely in the deceased person’s name typically must go through probate before it may be sold or transferred. The executor manages the property during the process and may sell it if authorized by the will or by the court. If the home is titled in joint tenancy with a surviving owner, it passes outside of probate automatically.
FAQs for Denver Probate Attorneys
How long do I have to file for probate in Colorado?
Colorado does not impose a strict deadline for opening a probate case, but filing promptly protects the estate and its beneficiaries. Creditors have a limited window to submit claims once the executor publishes notice, and waiting too long to begin may complicate asset management and delay distributions to heirs.
Do all estates in Colorado have to go through probate?
No. Assets held in a properly funded trust, accounts with named beneficiaries (like life insurance or retirement accounts), and property held in joint tenancy pass outside of probate. Small estates valued under $80,000 in personal property with no real estate may also qualify for a simplified affidavit process rather than a full probate proceeding.
What is the difference between formal and informal probate in Colorado?
Informal probate is a streamlined process handled by the court registrar without a hearing. Formal probate requires judicial involvement and applies when there are disputes, questions about the will’s validity, or complications with the estate. Most uncontested estates in Denver go through informal probate, which moves faster and costs less.
Who has priority to serve as executor in Colorado?
If the deceased person named someone in their will, that person has first priority. If there is no will, Colorado law gives priority to a surviving spouse, then to other heirs in a statutory order. The court may also appoint someone else if the nominated person is unable or unwilling to serve.
Does the executor get paid in Colorado?
Yes. Under C.R.S. § 15-12-719, an executor is entitled to reasonable compensation for their services. If the will specifies a compensation arrangement, that amount generally controls. If the will is silent, the executor and the beneficiaries may agree on a fee, or the court may determine what is reasonable based on the work involved and the complexity of the estate.
Settle the Estate With a Denver Probate Attorney Who Keeps the Process Moving
Every day the estate sits open is another day your family waits for closure. A probate lawyer who knows the Denver Probate Court, understands Colorado’s filing requirements, and communicates clearly with you throughout the process may help the estate close more smoothly and with fewer surprises.
The Law Office of Andrew Bryant has spent over a decade helping families across Denver, Colorado Springs, Greenwood Village, and the entire Front Range settle estates with care and precision.
Whether you are opening a new probate case, responding to a will contest, or stepping into the role of executor for the first time, our team is ready to help. Call (719) 634-7353 today for a free consultation.