Probate is the process that takes place after someone passes away.  It allows for their assets to be gathered, their final bills to be paid and their property to be passed to their heirs.  The attorneys at Buxman Kwitek & Ohlsen, P. C. have a vast amount of experience in dealing with probate matters both informally and formally.

PROBATE:  MOST FREQUENTLY ASKED QUESTIONS

WHAT HAPPENS IF I DIE WITHOUT A WILL OR TRUST IN PLACE?

If you don’t have a Will or Trust in place when you die, the disposition of your property is governed by the Rules of Intestate Succession.  The Probate Court will appoint a personal representative (executor) to gather your property, pay your final bills and make distributions to your closest family members, usually your spouse and minor children first, then to your other close relatives.

DOES THE STATE GET MY PROPERTY IF I DON’T HAVE A WILL?

Only if you don’t have any living relatives to probate your estate.

CAN I DISINHERIT MY SPOUSE?

No, if you do not make provisions for your spouse in your Will, your spouse can make an election to take against your Will and is entitled to a statutory allowance.

IS ALL OF MY PROPERTY SUBJECT TO PROBATE?

No.  Property that is held in joint tenancy, life insurance that is payable to a beneficiary and accounts with a payable on death designation are not subject to probate.  They pass automatically to the beneficiary.

IS PROBATE EXPENSIVE, LENGTHY OR COMPLICATED?  WILL I HAVE TO ATTEND COURT HEARINGS?

Generally, the answer to all of these questions is no.  Colorado has adopted an informal probate procedure that applies to 95% of all cases.  Estates can generally be opened about a week after a person dies and they usually stay open for 6 to 9 months until all of the decedent’s property is distributed.  The process can be longer if estate assets take a long time to sell.  Court costs and attorney fees vary, but are usually around 1% of the value of the estate or less.  Sometimes the process can be complicated, but a good probate attorney can help you along the way.

CAN I AVOID PROBATE WITH A LIVING TRUST?

If your Trust is properly drafted and all of your property is owned by your Turst when you die, you can avoid probate.

CAN SOMEONE CONTEST MY WILL AFTER I DIE?

Will contests are very rare.  If you are competent when you make your Will, it won’t generally be contested.

CAN MY AGENT UNDER MY POWER OF ATTORNEY TAKE CARE OF MY ESTATE?

No.  An agent’s power under a P.O.A. ceases upon your death.