Probate law concerns itself with the disposition of an estate when someone dies (sometimes without leaving a will). Essentially, the probate process provides for the legal conclusion of a decedent’s affairs. The decedent is the person who died. The court oversees this process; if there is real estate involved, a legal representative will need legal authority to transfer the property to beneficiaries. Taxes have to be paid, and monies must be legally transferred to the appropriate parties. Probate laws vary from state to state, so it is extremely important to have an attorney who is well-versed in the laws of the applicable state – usually the deceased’s state of residence.

It is always sensible to prepare ahead of time for the inevitable, but if you are involved in a complicated probate case, or anticipate being so involved, we at Ores Law can provide experienced consultation and representation for any matter of Colorado Probate law.

The disposition of an estate is not the only area in which Probate Law and Probate Courts are applicable. Probate Law mandates that creditors against an estate (the deceased) are paid including court petitions from creditors and descendants, and it mandates the naming of trustees to oversee the disposition. The debts must be paid prior to passing any assets to beneficiaries. Probates are applicable to testate estates (if there is a valid Will) and intestate estates (if there is no Will). Although a valid Will delegates much of the decedent’s wishes, the probate process ensures that all legal boxes are checked prior to tending to personal affairs.

Ores Law has professional estate planning lawyers in Loveland that can discuss the probate process with you. We offer a free consultation.