Probating a Will
When a person dies with a will, the will has no legal effect until it is admitted to probate. The court then appoints the personal representative named in the will (sometimes called the executor), who gathers the estate’s property, pays its debts and distributes what remains as the will directs. In Larimer County, probate matters are handled by the District Court in Fort Collins, and most can be handled without a court hearing.
The Usual Course of a Colorado Probate
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Opening the estate. The original will is filed with the court along with an application for informal probate and appointment of the personal representative. Once approved, the court issues “letters,” which are the personal representative’s proof of authority to banks, title companies and others.
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Notice. The personal representative gives notice of the appointment to the heirs and beneficiaries and publishes a notice to creditors. Creditors generally have four months from first publication to present their claims.
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Inventory and administration. The personal representative identifies and values the estate’s property, keeps estate funds in a separate estate account, pays valid debts and expenses, and files any required tax returns.
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Distribution and closing. After the claims period ends, the personal representative distributes the property (including by personal representative’s deed for real property; see Property Deeds) and closes the estate.
A straightforward estate typically takes six months to a year. An estate with a business, property in another state or a disagreement among the beneficiaries can take longer.
What Elkhorn Law Does
We represent the personal representative. At the start, we explain the duties of the office in writing, since a personal representative who distributes property too early or pays the wrong creditor first can be personally responsible. We then prepare and file the court forms, draft the notices and deeds, and advise the personal representative at each step through closing.
If the person died without a will, see Probate Without a Will. If you are planning your own estate and would like to keep it out of court, see Avoiding Probate.