Denver Probate Law Firm

If you have suffered the loss of a loved one you may be wondering:

• What is the next step in carrying out their wishes?
• What do I do with their property?
• What if I have been left out of the will?
• What paperwork do I need to file with the courts?
• Do I need to hire an attorney?

How we can help:

The probate attorneys at Benson & Case have been helping people through the probate process for over 30 years.  We strive to help make this difficult time as easy on you and your family as possible.  Probate law is a court proceeding administering the estate of the deceased, trust administration, estate tax planning, and probate litigation to resolve disputes, inheritance rights, and will contests.

Types of Probate in Colorado – Simple Probate

When there is a will to refer to in the probate process, the estate is referred to as a testate estate; alternately, in cases when there is no will present, these estates are referred to as intestate estates. The following outlines the three types of probate cases, as defined by Colorado probate law:

• Cases in which no probate is necessary because the estate is valued to be less than $50,000 – Because there is not a significant amount of assets in these cases, no official probate case needs to be opened; instead the proposed heir only needs to legally swear that he is the entitled heir and then must submit an affidavit to the court that he will distribute any assets of the deceased to any other legitimate heirs.

• Informal probate cases because the estate is uncontested – When a valid will is in place and no one is expected to contest the will, informal probate proceedings, in which the courts play a very limited role, will take place. The court will appoint a representative to distribute the assets and debts according to the will and will only ensure that the instructions of the will are fully met.

• Formal probate cases because the estate is contested, the will is invalid or the will is questionable – In these cases, courts will likely require that every transaction related to the administration of the will be submitted for approval in probate court, as these cases typically involve disputes over the legitimacy of heirs, paternity, the validity of the will, etc.

Probate Litigation

We also specialize in aggressive probate litigation. When a loved one passes away there are times when probate litigation is necessary. 
We know this can be a troubling time for all involved so we provide fast, competent and skilled representation to arrive at a solution.     

Denver Probate Lawyers

Probate is the legal process of overseeing the estate of a deceased person, according to the terms of his will, distributing his assets and debts and resolving any disputes related to the will and estate. While some probate cases will be straightforward due to the decedent having a well-written, up-to-date will, in the events when there is no will in place, there are multiple versions of a will or the will was poorly written and is out of date, probate matters can become extremely complicated and can engendered heated disputes between even the closest of family members.

At Benson & Case, our trusted Denver probate lawyers are committed to providing each of our Clients with top-of-the-line legal representation throughout the entire probate process. With more than 200 years of combined legal experience, our probate attorneys have an extensive knowledge of probate law, as well as fierce litigating skills, both of which can guarantee that your probate proceedings will be handled as efficiently as possible. When you work with our lawyers, you hire a team of probate attorneys who are dedicated to providing you with comprehensive legal support at every stage of the probate process.

Services Rendered by Our Denver Probate Attorneys

Among the services that our experienced Denver probate lawyers can provide include (but are not limited to) assistance in dealing with issues related to:

• Contesting wills
• Interpreting possibly ambiguous or complicated language in a will
• Handling creditor disputes and the distribution of debt
• Overseeing claims of undue influence or incapacity
• Resolving matters of interference of inheritance rights
• Resolving matters of trustee misconduct or fraud allegations
• Handling tax matters related to the estate
• Preventing or resolving issues of favoritism between beneficiaries

For an initial consult, as well as expert legal advice regarding the best manner in which to handle your probate matters, contact the esteemed Denver probate lawyers at Benson & Case by calling (303) 757-8300.                      

* Past case results cannot ensure future results, as each case must be decided on its own merits.