Probate Attorney in Colorado Springs

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.