Compassionate Representation From A Probate Attorney
The death of a loved one is a difficult transition for families. For many, it is the first time they will have not only the burden of grieving and addressing final arrangements, but also the stress of settling their loved one’s final financial affairs. Here at The Law Offices of Sutton & Sutton, our knowledgeable attorneys can take the burden of stress from you. We will compassionately guide you through the probate process. When you have questions about what your next step is or you need help acting as the executor or administrator of someone else’s estate, we can answer your questions and help you proceed.
Why You Need An Attorney
One of the most valuable advantages that an attorney can offer is experience. Working with an attorney who his familiar with Colorado’s probate laws can help your family navigate through the complexities of the law. We know what to look for when you come to us for help with your probate and estate administration needs.
Families often come to us not knowing whether their loved one had a will or any estate planning documents. If your loved one died without a will, Colorado’s intestate laws will govern the distribution of your loved one’s personal and real property. Most, but not all, estates will have to go through the court’s probate process.
If the total inventory of your loved one’s probate estate assets is less than $50,000, you may file an Affidavit for Collection of Personal Property. Death benefits from retirement and insurance policies are not included in the sum total of probate estate assets. This process is available for families whose loved one does not own real property.
For those with titles to homes or land, with or without a will, the court requires filing an informal or formal probate procedure to inform potential creditors and other parties of interest, ensure payment of final taxes and complete an accurate distribution of the probate estate. Determining whether an informal or formal probate is best for your family will depend on many factors, including if there is a will or a trust providing instructions.
Generally, you may be able to avoid probate if your loved one had a trust. Distribution of their assets and payment of taxes will be according to the terms of the trust. However, if the trust was not properly funded and there are assets outside of the trust, for example, in a pour-over will, those assets will be addressed in probate prior to distribution according to the trust.
We Are Here For You
You do not have to go through the probate process alone. We understand how difficult it is to lose a loved one, which is why we are committed to offering you the level of service you deserve from a probate attorney. We will be at your side from start to finish to streamline the complex probate process. We can also help you create your own estate planning documents.