Probate
If you’re visiting this page after the loss of a loved one, please accept our deepest condolences.
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Our Condolences
If you’re visiting this page after the loss of a loved one, please accept our deepest condolences. We understand how overwhelming and unfamiliar the legal process can feel during a time of grief. Our goal is to support you with clarity, compassion, and guidance every step of the way
Amanda just lost her own father unexpectedly in 2025. Although she is a legal professional focusing on probate, she still hired her own team to assist her with her father’s probate process because she values having a team of advocates providing support with the paperwork while she was able to focus on her family and the grieving process.
What is the Probate Process?
Probate is the legal process for settling a person’s affairs after they pass away. It involves collecting and valuing assets, paying debts and taxes, and distributing remaining property according to a Will—or according to Colorado law if no Will exists.
The process begins by submitting legal documents to the court, which will determine whether the estate can proceed through informal probate (typically quicker and less court-involved) or if formal probate is required (typically when there are disputes or issues with the Will). A handwritten Will or one lacking required witnesses or notarization will always go through formal probate.
You may also encounter the terms:
Testate – when someone dies with a valid Will
Intestate – when someone dies without a Will
These terms affect how assets are distributed but do not necessarily determine whether probate is informal or formal.
Probate is the legal process for settling a person’s affairs after they pass away. It involves collecting and valuing assets, paying debts and taxes, and distributing remaining property according to a Will—or according to Colorado law if no Will exists.
Once approved, the court will issue Letters of Administration (or Letters Testamentary), which give the appointed Personal Representative (formerly called Executor) legal authority to manage the estate—access bank accounts, communicate with creditors, and distribute property.
Other steps in the probate process may include:
Notifying all legal heirs and individuals named in the Will (even those who are disinherited)
Publishing legal notice in a local newspaper
Notifying creditors and settling debts
Preparing an inventory and valuation of assets
Filing court documents to account for all distributions
Obtaining court approval (if needed) before closing the estate
At the end of the process, once debts are resolved, the remaining assets are distributed either according to the Will or according to Colorado’s intestacy laws if no Will exists.
How do we help?
We understand that probate can feel daunting, especially while you’re still grieving. We’ve guided many Colorado families through this process and are here to make it as smooth, transparent, and manageable as possible.
When you contact our office after a loved one passes away, we’ll begin by gathering a few key details:
- Did your loved one own any assets jointly with someone else (like a spouse or partner)?
- Did they name any beneficiaries on assets such as life insurance or retirement accounts?
- Did they leave behind a Will or a Trust?
We’ll also ask about your loved one’s family relationships and a few other specifics. With this information, we can offer you a clear overview of the next steps and whether probate is necessary.
Unless your loved one had a fully funded living trust (we’ll explain what that means if you're unsure), chances are you’ll need to go through probate to gain access to their assets and manage their estate.
Maurer Miller Law PC can help determine whether a probate case needs to be opened and can help navigate that part of the process if it is determined a probate is required.
