What We Do
Probate & Estate Settlement Services in Denver
Working with an experienced probate attorney you can trust provides clarity during a difficult time. At Osterman Law, Lewis A. Osterman draws on decades of experience to advise and guide Personal Representatives through each stage of the probate process, working collaboratively to administer the estate in accordance with the law and the decedent’s wishes.
Understanding the Various Probate Processes
- Formal Probate – Formal probate is a court-supervised process with greater judicial oversight, typically involving hearings and additional procedural requirements. We will advise you on whether this approach is appropriate, which is generally the case when the validity of the will is unclear, beneficiaries are disputed, creditor claims or unresolved debts are outstanding, and significant or complex assets are contested. Because of its increased complexity, formal probate often takes longer to complete than informal probate.
- Informal Probate – Informal probate is a process for administering an estate with minimal supervision. We will advise you on whether this approach is appropriate, which is generally the case when the will is clear, no disputes are anticipated, and all statutory requirements are met. While less procedurally intensive than formal probate, the process can still take 12 to 18 months to complete.
- Small-Estate Procedure – What happens if the estate is modest or limited in value? Our team can advise and provide guidance on administering an estate when it is not economically practical to pursue a full probate proceeding. In certain circumstances, Colorado law allows for alternative procedures to transfer assets without formal or informal probate.
How Osterman Law Assists at Every Stage
- Efficient Estate Administration – We work with and advise Personal Representatives throughout the probate process, including preparing inventories and accountings, confirming beneficiary distributions, addressing creditor claims, and completing other required steps to ensure the estate is administered appropriately.
- Guidance in Navigating Disputes – We advise and guide Personal Representatives on how best to navigate disagreements that may arise during the probate process, ensuring that the decedent's wishes and intentions are upheld.
- Collaboration to Address Tax Matters – We work closely with qualified tax professionals to identify and resolve tax issues that may arise during the probate process, helping Personal Representatives fulfill their legal obligations and protect the estate.
Looking Ahead: The Benefits of Choosing Osterman Law
- Assurance & Clarity – Step-by-step guidance removes uncertainty from the probate process.
- Preserving Estate Assets for Beneficiaries – Through a collaborative approach during probate, we work with Personal Representatives to help minimize unnecessary expenses and avoid needless court involvement, preserving more of the estate for its intended beneficiaries.
- Personalized Support Informed by Experience – With extensive experience in probate and estate matters, we understand that every family is unique and that sensitivity to family dynamics is essential. We advise and guide Personal Representatives in a manner that respects those dynamics while ensuring all legal requirements are met.
- Leveraging Technology for Cost-Effective Administration – By combining practical experience with secure, technology-driven solutions, we help reduce unnecessary legal expenses while keeping the administration organized and transparent.
Avoid Probate—Start an Estate Plan
Thinking ahead can help your family avoid the time and expense of probate. In many situations, probate is avoidable. Explore planning tools—such as
revocable living trusts—that allow for probate avoidance and keep both your family and your assets out of court.
FAQs
Is probate necessary in all situations?
No. Generally, assets held in a revocable living trust, joint accounts, or those with beneficiary designations can bypass an extended probate proceeding.
How long does Colorado probate last?
Probate proceedings in Colorado typically take between 6 and 18 months, with many lasting a year or longer. Unexpected issues may arise during the process that can delay the closing of the estate.
What if there’s no will?
In the absence of a valid will, Colorado law determines who has priority to serve as personal representative and who is entitled to inherit the estate’s assets. We advise and guide family members on how to administer an estate when no will exists.
Can probate be avoided?
Yes. There are a number of strategies that can avoid probate, including the preparation of revocable living trusts and the use of beneficiary designations on individual accounts or assets. We advise and guide clients on how to implement these strategies to help their families avoid probate.
Who pays estate debts?
The estate is responsible; timely notice to creditors and proper accounting protects beneficiaries and the personal representative.