Do You Have to Go Through Probate if You Have a Will?

If you have written a will, either on your own or through an attorney, you may think that your surviving family will be spared the hassles of probate. If your assets amount to less than $66,000 and your estate contains no real property, it is true there may not be any probate action necessary.

However, if your estate is over that limit, it will be necessary to open a probate estate with the Court.  There may be an informal probate process – even if your will is uncontested and the heirs/beneficiaries are all in agreement. Although the probate process in Colorado is a fairly economical and straightforward process, it is still advisable to have an attorney on your side to guide you through the process.

In contrast, a formal probate proceeding will absolutely be necessary if the will is contested or if it is considered invalid or questionable. For formal probate, you should seek the assistance of a professional attorney. These matters often require litigation to resolve issues of challenges or unclear terms in the will. This is one reason why it is so important to make sure the document you create is as thorough as possible, expresses your true intent and is reviewed and updated often. The more time and attention you can give to creating as perfect a document as possible, the less chance your loved ones will have to endure a formal probate situation.

Of course, creating a perfect will in Denver isn’t realistic for most people. There is no way to know how your death will affect those you leave behind and what types of situations could arise However, hiring an experienced will lawyer in Denver to help you draft a comprehensive document is a great first step. Then, if your will falls into probate, that same lawyer can work to ensure that your estate is administered and distributed as quickly and seamlessly as possible.

The lawyers at The Brown Law Firm, LLC can help you understand the will probate process in Denver. We can also help you create a will or trust in Colorado to protect your assets. Contact us today online or by calling (303) 339-3750.