PROBATE LAWYER WESTWOOD

A probate is required when the deceased person held real estate in his sole name, and his estate also included personal property valued over $80,000. 

In Colorado, you will find informal and formal probate proceedings. Informal probates occur when there is no dispute, and how assets should be distributed is clear. There will be minimal judicial supervision.

On the other hand, formal proceedings are required if there are disputes, contested wills, and other complex matters. In this case, there will be significant judicial supervision. Whatever the process may be, as your probate lawyer in Westgate, Whitcomb Selensky PC is here to help.

In Colorado, small estates, where the total value of personal property is $86,000 or less, can avoid the full probate process. Instead, they can use a Small Estate Affidavit (JDF 999) to expedite the process. This will allow heirs to collect assets 10 days after presenting the affidavit. This exception only applies to personal property, not real estate. 

In Colorado, you have a three-year window from the date of death to start the probate process. If no probate is filed, the estate may be distributed in accordance with Colorado intestacy law. If the probate application has not been filed within three years, initiating formal proceedings can be difficult. As your probate lawyer in Westgate, Whitcomb Selensky can help you get the probate started immediately. 

Yes, the court cannot immediately act on a probate application. Colorado law requires the court to adhere to a waiting period of 120 hours (5 days) after the passing of the deceased to act on the probate application.