The probate law department at Kokish & Goldmanis, P.C. (K & G) handles probate matters in Colorado. While the word probate has negative connotations, it is not a bad thing and a very necessary legal process when needed.
There are two times you can be involved with probate. The first is during your life (this is known as “living probate”) and the second is after death (this is known as “estate administration”).
Both living probate and estate administration following a death are voluntary. Colorado law permits several effective methods of avoiding both living probate and estate administration probate. Those methods are part of estate planning. You can obtain information about estate planning from our firm’s estate planning department.
Since both types of probate are voluntary why does probate exist? Both living probate and estate administration processes are necessary to protect people who fail to plan to avoid them. By not planning your estate you are choosing to be involved with either probate process. Some examples are discussed below.
The probate law department at Kokish & Goldmanis, P.C. (K & G) handles probate matters in Colorado. While the word probate has negative connotations, it is not a bad thing and a very necessary legal process when needed.
There are two times you can be involved with probate. The first is during your life (this is known as “living probate”) and the second is after death (this is known as “estate administration”).
Both living probate and estate administration following a death are voluntary. Colorado law permits several effective methods of avoiding both living probate and estate administration probate. Those methods are part of estate planning. You can obtain information about estate planning from our firm’s estate planning department.
Since both types of probate are voluntary why does probate exist? Both living probate and estate administration processes are necessary to protect people who fail to plan to avoid them. By not planning your estate you are choosing to be involved with either probate process. Some examples are discussed below.
People are more familiar with the probate of a person’s estate after death. Many TV shows and movies show scenes where wills are read or people dispute about someone’s estate. In Colorado where the court becomes involved with a decedent’s estate is known as estate administration. Many estates in Colorado are handled without court involvement. This is still known as estate administration. Many people think of probate as only the court process.
Like living probate estate administration through Colorado courts is voluntary. Colorado law allows an array of non-probate transfer methods which are considered in estate planning. For more information about these planning strategies refer to our Estate Planning page and consult with a K & G estate planning attorney.
Similar to living probate the Colorado process of estate administration is important to assist families where the person who died did not use one of the many non-probate transfer methods. This makes probate at death or estate administration a vital legal process.
Estate administration is the process of legally transferring assets out of the name of the decedent and into the name or names of the proper beneficiaries. If this is not properly done in estate planning it is required after someone passes away.
K & G handles all matters of estate administration including trust administration if the decedent died with a trust. Call us today with any questions or to consult with one of our probate attorneys at 303-688-3535.
Matters in living probate and estate administration can become contested or result in disputes. While these are messy and unfortunate K & G attorneys are experienced in probate litigation and can assist you in navigating the stormy seas of a probate litigation matter. We seek to resolve disputes without going to court however sometimes court resolution of the probate matter is necessary.
Remembering that probate is voluntary always consider planning your affairs and property to eliminate the requirement of either of these probate proceedings.
For more information on probate law in Colorado, be sure to read our blogs on the subject:
Probate Litigation Among Family Members
How Often Should You Revisit Your Will?
For more information or to get in touch with a Castle Rock probate lawyer, please contact us by clicking here.
