At The Law Office of Kevin R. Hancock, LLC, in addition to Estate Planning, we help clients navigate the maze of the Court probate process when a person passes. While you can avoid probate in a lot of situations, if you have a loved one who passed away owning real estate in his/her name, an account or accounts in his/her name with no named beneficiary, a business or business interest, and/or personal property worth more than $65,000.00, then you, or someone, will have to go through the Court probate system in order to transfer that property to your deceased loved one’s beneficiaries. While Colorado has made the probate process a very administrative process in most cases, we still recommend you hire an experienced probate attorney to handle probate matters because the probate process in Colorado is still very complex. Our attorneys are experienced in Estate Planning as well as probate, and we can help you navigate the probate process to make it as easy and painless as practical.
What We Provide
Representation of Personal Representative: Most often, we represent people who are named, or who seek to be named, the personal representative of a decedent’s estate. In that capacity, we advise, represent and counsel the personal representative in administering a decedent’s estate. Initially, this includes drafting and filing the necessary documents with the Court to have our client be named the personal representative. From there, we represent the personal representative in marshalling the assets of the estate, managing and paying legitimate creditor claims against the Estate, and, ultimately, distributing the assets of the Estate, which includes all of the necessary accounting and disclosures.
Representation of Beneficiaries of an Estate
We also represent, though on fewer occasions, the beneficiary or beneficiaries of an Estate. The primary purpose and benefit of our representation of a beneficiary or beneficiaries of an Estate is to ensure the personal representative is managing and distributing the assets of the Estate appropriately.
Representation of Creditors to an Estate
Lastly, we also represent, on occasion, a creditor to an estate. A creditor to an estate is someone or a company to whom the decedent owed money, upon their death, and for which there may be assets in the estate sufficient to pay that debt.
Our representation of clients in probate also extends to:
- Will contests
- Lost wills
- The removal of personal representative or trustee
- Trust and estate accounting
- Asset distribution disputes among beneficiaries
- Asset titling issues
- Determination of heirship
- Determination of and/or contested appointment of personal representative or Trustee
If you have a family member who just passed and you are unsure of whether you/your family needs to go through probate, or if you have any questions related to probate, please give us a call!