Probate Administration & Litigation

Denver Probate Attorneys

Historically, probate referred to the act or process of proving the validity of a will. A valid will was then admitted to probate, while an invalid will was denied admission to probate. Today, the term refers generally to all matters over which the probate court has jurisdiction, including the validity of a will, estate administration, guardianships, conservatorships, and trusts. Our probate lawyer, Walter Kelly, brings ten years of experience in the entire range of probate issues

Informal and Formal Probate

In Colorado, probate may be informal, with little or no judicial oversight, or formal, with oversight in probate court. The level of court involvement in formal probate will depend on the case facts, and whether the formal probate is supervised or unsupervised.

Ultimately, probate is intended to ensure that a decedent's property is gathered and identified, that his lawful creditors are paid, and that his assets are distributed according to his or her wishes, or according to Colorado law, if the decedent died without a will

Death Probate

Not all estates are required to be probated. When required, the process encompasses all matters involving a decedent's estate, including appointing a personal representative, inventorying, accounting for and distributing the estate assets, and closing the estate. Depending on the circumstances, probate may also include proving up (validating) the decedent's will, resolving the claims of creditors and others against a decedent's estate, determining rightful heirs, resolving will contests, and other issues that may arise.

Living Probate

Incapacitated persons, whether from age, illness, or other infirmity, are unable to make certain basic life decisions. The degree of incapacitation can vary widely, but the law allows for the courts to appoint a person to act as the guardian or conservator of the person determined to lack the capacity to make those basic decisions for him or herself.

Guardianship is a proceeding whereby the court appoints a person to oversee an incapacitated individual’s health and welfare.

Conservatorship is a proceeding whereby the court appoints a person to oversee and manage an individual’s property and financial affairs.

Conservators and guardians are fiduciaries and must, at all times, act in the best interests of the individuals and property they are appointed to protect. They are subject to court supervision, which includes filing plans for the care of the protected persons and assets and reporting to the court on the status and affairs of the protected persons.

Walt represents and helps individuals, families, personal representatives, beneficiaries, heirs, and others to navigate through the probate and estate administration processes. In addition, Walt prepares federal and state estate tax returns for taxable estates.

Contact a probate administration lawyer for an initial consultation.