The Law Office of Kevin Hancock > Probate Services > Probate Services

Probate Attorney in Colorado Springs

When someone you love passes away, the legal and financial responsibilities that follow can feel overwhelming, particularly when you are grieving and simultaneously trying to understand what probate is, whether it applies to your situation, and what it requires of you.

The Law Office of Kevin R. Hancock guides Colorado Springs families through the probate process with clarity, patience, and local experience. Whether you are the named personal representative of an estate, a beneficiary with questions, or someone trying to understand what comes next, our office can help.

What Is Probate?

Probate is the legal process by which a deceased person’s estate is formally administered. It involves validating a will if one exists, identifying and inventorying assets, notifying creditors, resolving outstanding debts, and ultimately distributing what remains to beneficiaries.

In Colorado, probate is handled through the District Court in the county where the deceased person lived. El Paso County’s probate matters are handled through the Fourth Judicial District Court in Colorado Springs.

Not every estate requires full probate. Colorado offers simplified procedures for smaller estates and allows many common assets, including jointly held property, accounts with beneficiary designations, and assets held in trust, to pass outside the probate process entirely. For a fuller explanation of how and when the process applies, our post on how probate works in Colorado covers the full picture.

When Is Probate Required in Colorado?

Colorado probate law, governed by the Colorado Uniform Probate Code (C.R.S. § 15-10-101 et seq.), determines when and how the process applies.

Probate is typically required when:

The deceased person owned real property in their name alone, with no surviving joint owner and no beneficiary deed in place
The deceased person had accounts or financial assets solely in their name that do not have beneficiary designations
The estate’s value and circumstances require court oversight to protect creditor and beneficiary rights

Colorado offers three levels of probate administration depending on the complexity of the estate:

Small estate affidavit: For estates with no real property and less than the statutory allowable aggregate value (currently, $88,000 in 2026) in personal property, heirs may be able to claim assets using a simple affidavit without court involvement.

Informal probate: This is the most common form of Colorado probate. An application is filed with the court, the personal representative is appointed, and the estate is administered with minimal court involvement. The personal representative handles most of the work independently, reporting to the court only when required.

Formal probate: Used when there is a dispute over the will’s validity, competing claims to the estate, questions about the personal representative’s authority, or other circumstances that require closer court supervision.

How Long Does Probate Take in Colorado?

In Colorado, an estate is required to be opened a minimum of 6 months. More complex estates, including those with significant assets, real estate in multiple states, business interests, or contested elements, can take a year or longer.

The initial part of opening a probate estate requires a personal representative to be appointed. The personal representative plays a central role in moving the process forward. Our post on the first three steps when a loved one passes gives families a practical overview of what to do in the immediate aftermath of a death. Working with an experienced probate attorney in Colorado Springs helps ensure deadlines are met, notices are properly served, and the estate is administered without unnecessary delay.

What Does a Personal Representative Do?

The personal representative, in other states called an executor, is the person legally responsible for administering the estate. If there is a valid will, it typically names the personal representative. If there is no will, the court appoints a personal representative, usually a surviving spouse or adult child. Our post on choosing the right executor or trustee for your estate plan explains what to look for when naming someone to this role.

The personal representative’s responsibilities include:

Filing the probate application with the El Paso County District Court
Publishing notice to creditors in a qualified local newspaper
Inventorying estate assets and determining their value
Notifying known creditors and resolving valid claims
Filing the deceased person’s final income tax return
Managing and protecting estate assets during the administration period
Distributing assets to beneficiaries according to the will or Colorado intestacy law
Filing a closing statement with the court

This is a meaningful legal and financial responsibility. The Law Office of Kevin R. Hancock represents personal representatives throughout this process, keeping the administration on track and minimizing personal liability risk.

What Happens When Someone Dies Without a Will in Colorado?

Dying without a will is called dying intestate. The Colorado Uniform Probate Code (C.R.S. § 15-11-101 et seq.) determines who inherits when there is no valid will. Our post on what happens if you die without a will in Colorado walks through the full distribution order and what it means for your family.

The intestate distribution order generally works as follows:

Surviving spouse and children receive the estate, with the specific shares depending on whether all children are from the current marriage

If there is no spouse, children inherit equally
If there is no spouse or children, parents inherit
If there are no surviving parents, siblings inherit
The distribution continues through more distant relatives if needed

Dying without a will does not mean the state takes everything, which is a common misconception. It does mean you have no say in who receives your assets, who manages your estate, or who raises your minor children. The court applies the formula the Colorado legislature wrote, not the plan you would have chosen.

How Can You Avoid Probate in Colorado?

Several planning tools allow assets to pass outside the probate process entirely:

Revocable living trust: Assets held in a properly funded revocable living trust do not go through probate. The successor trustee distributes them according to the trust terms without court involvement. This is often the most complete probate avoidance tool available to Colorado families. Our post on how a living trust can help your family avoid probate in Colorado covers the details, and our step-by-step guide on how to transfer your home into a living trust in Colorado walks through the most common asset people need to re-title.

Beneficiary designations: Retirement accounts, life insurance policies, and accounts with a payable-on-death or transfer-on-death designation pass directly to the named beneficiary outside of probate.

Joint tenancy with right of survivorship: Property held jointly with another person passes automatically to the surviving owner at death.

Colorado beneficiary deed: Colorado allows a beneficiary deed, sometimes called a transfer-on-death deed, that transfers real property to a named beneficiary at death without probate. The deed is recorded during your lifetime but takes effect only at death.

Planning ahead is far less expensive and time-consuming than probate, and our office helps Colorado Springs families put the right tools in place to protect their estates and simplify what their loved ones face.

Trust Administration

When a deceased person had a revocable living trust, the estate typically avoids probate, but there is still work to do. Trust administration involves gathering and inventorying trust assets, notifying beneficiaries, managing investments during the administration period, paying debts and taxes, and distributing trust assets according to the trust document.

Successor trustees have legal and fiduciary obligations they may be unfamiliar with. If you are stepping into that role for the first time, our post on completing your estate planning and what comes next gives context on what the process looks like from the family’s perspective. The Law Office of Kevin R. Hancock assists successor trustees in Colorado Springs with every step of trust administration, ensuring they fulfill their duties correctly and protect themselves from personal liability.

Probate Litigation

Some probate matters are contested. A will may be challenged on grounds of undue influence, lack of capacity, or improper execution. A personal representative’s actions may be disputed by beneficiaries. Creditor claims may need to be challenged. Beneficiaries in multiple states may have conflicting interests.

The Law Office of Kevin R. Hancock handles probate litigation in Colorado, representing personal representatives, beneficiaries, and other interested parties in disputes that require court resolution.

What This Means for You

Probate does not have to be a drawn-out, confusing process. With the right legal guidance, it moves forward methodically and closes on a reasonable timeline. And with proper planning in place beforehand, many Colorado Springs families avoid probate entirely.

Whether you are in the middle of an estate administration right now, beginning to plan so your family does not have to deal with probate later, or working through a contested estate, The Law Office of Kevin R. Hancock is glad to help. Call or fill out an online form to schedule a consultation.

Frequently Asked Questions

How much does probate cost in Colorado?

Colorado probate costs include court filing fees, publication costs for the creditor notice, and attorney fees if you hire one. Court filing fees at the El Paso County District Court are generally a few hundred dollars for an informal probate. Attorney fees depend on the complexity of the estate, and for complex estates, professional guidance often saves more than it costs by avoiding mistakes and keeping the process on track.

Do I need a probate attorney in Colorado Springs?

Colorado does not require you to hire an attorney for probate. The personal representative can proceed without one. Probate does involve legal deadlines, formal filings, creditor notice requirements, and distribution obligations that carry personal liability if handled incorrectly, which is why most personal representatives choose to work with an attorney to make sure the process is done right.

Can a probate attorney speed up the process?

Yes, in practical terms. An attorney who handles Colorado probate regularly knows the court’s filing preferences, the creditor notice timeline, and how to avoid common delays. More importantly, they can help you avoid mistakes that cause the estate to stay open longer than necessary.

What is the difference between probate and trust administration in Colorado?

Probate is court-supervised administration of an estate that does not pass through a trust. Trust administration is the private, non-court process of distributing a deceased person’s living trust assets. Both require attention to legal obligations, but trust administration is generally faster, less expensive, and less public than probate.

Can I avoid probate by putting everything in a joint account?

Joint accounts pass to the surviving owner at death, outside of probate. But relying entirely on joint accounts has real risks: it does not address what happens at the death of both account holders, it may create unintended gifts during your lifetime, and it does not cover real estate or other assets held separately. A more complete approach, using a revocable living trust alongside beneficiary designations on accounts and a beneficiary deed on real property, addresses all of these scenarios.

What happens to property in another state if someone dies in Colorado?

Real property is governed by the law of the state where it is located. If a Colorado Springs resident died owning real estate in Arizona, Texas, and Colorado, their estate might face probate proceedings in all three states, a process called ancillary probate. A revocable living trust is the most effective way to avoid this, because trust-held real estate does not go through probate in any state.