Probate Administration & Litigation

Denver Probate Attorneys

Historically, probate referred to the act or process of proving the validity of a will. Today, probate refers generally to all matters over which the probate court has jurisdiction. This includes the validity of a will, estate administration, guardianships, conservatorships and trusts.

At Miller & Steiert in Littleton, Colorado, our probate lawyer, Walter Kelly, brings 10 years of experience in the entire range of probate issues. Contact him to learn more about the following:

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
• Lawful creditors are paid
• Assets are distributed according to a decedent's wishes, or according to Colorado law, if the decedent died without a will

Death Probate

Not all estates are 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 law allows the courts to appoint a guardian or conservator of the person determined to lack the capacity to make those basic decisions for him or herself.

Whether someone is appointed a conservator or a guardian depends on whether he or she will be in charge of another's medical care or financial affairs:

• 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 properties they are appointed to protect. They are subject to court supervision, which includes filing plans for the care of the protected persons and their assets, and reporting to the court on the status and affairs of the protected persons.

Contact Our Firm

Walter Kelly 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 at Miller & Steiert for an initial consultation.