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Who Can Start the Probate Process in Colorado?

Executors of a will are tasked with the responsibility of initiating the probate process. These are individuals who have been specifically named in a deceased person’s will to handle all of the many duties surrounding estate administration.

Probate isn’t meant to be a punishment for the executor and the beneficiaries. It is meant to ensure that the deceased person’s estate is distributed according to their wishes, thus protecting the money and property they worked so hard to amass over the years. One of the first tasks the executor will have is to locate the will and begin to determine what types of assets are held in the estate. This also includes debt.

If the executor should uncover significant debt in the estate, they might decide to drag their heels in the probate process to delay the inevitable of paying off creditors. In this case, other people who have interest in the estate can actually start the probate process. Creditors, beneficiaries, family members, friends – anyone who knows about the will (wills are made public record after death) can initiate the probate process with the courts.

If the deceased person did not make a will, anyone with priority for appointment has the option to file a petition with the probate courts to get the process started. Colorado has a statute that outlines how has priority for appointment.  In that case, the courts will appoint an administrator to handle the many details.

The probate process can go smoothly or get hung up in lengthy court proceedings. By having an experienced lawyer on your side, you have a better chance of completing the process quicker. The Denver probate lawyers at The Brown Law Firm, LLC are available to help you start the probate process, handle estate administration duties or any other type of situation surrounding your loved ones’ estate. To learn more, please contact us at (303) 339-3750 or send us a message online.