Home / Estate Administration & Probate in Colorado
When someone dies, grief isn’t the only thing their family inherits.
And sometimes, one person suddenly finds their name attached to all of it:
Personal Representative. Executor. Trustee.
Being trusted with that responsibility is meaningful.
It can also be overwhelming.
Kinney Buzek Law Firm helps personal representatives, trustees, beneficiaries and families navigate probate, trust administration and the legal responsibilities involved in settling an estate in Colorado.
We’ll help you understand what needs to happen, what you’re responsible for and what comes next.
That's part of our job.
We begin by learning what happened, whether estate-planning documents exist, what property is involved and who has been named to act.
We'll help determine whether probate is required, whether the estate may qualify for a simplified procedure, whether trust administration is involved or whether multiple processes need to occur.
When probate is necessary, we help prepare and file the appropriate documents and guide the appointment of the personal representative.
We help address the legal work involving estate assets, creditor matters, real property, beneficiaries and other administrative responsibilities.
Estate administration may require information from accountants, financial institutions, appraisers, real-estate professionals or other advisors. The attorney doesn't need to do every job. But someone needs to make sure the jobs fit together.
When the legal requirements have been satisfied, assets can be appropriately distributed and the estate or trust can move toward completion.
Finding the will is often only the beginning.
Settling someone’s affairs may involve determining which assets are part of the probate estate, identifying property that transfers another way, communicating with beneficiaries, dealing with creditors, managing real estate and eventually distributing property.
If a trust exists, a trustee may have a different set of responsibilities outside the probate court.
And if there is no will?
The estate still needs to be settled.
Colorado law provides a process for determining who is entitled to inherit and who has authority to administer the estate.
That’s why one of the first questions we help families answer is:
What actually needs to happen in this particular estate?
Probate is the legal process used to administer certain property after someone dies.
Depending on the circumstances, the probate process may involve confirming a will, appointing a personal representative, identifying and protecting estate assets, addressing creditor claims and eventually transferring property to the people legally entitled to receive it.
But not every asset necessarily goes through probate, and not every Colorado estate requires the same process.
Property held in a properly structured trust, jointly owned assets, accounts with valid beneficiary designations and certain smaller estates may be handled differently.
The first step isn’t assuming you need probate.
It’s determining what the estate actually owns and how those assets are legally transferred.
Being Named in the Will Doesn't Mean You Should Already Know the Job.
Colorado generally uses the term personal representative for the person responsible for administering a probate estate. You may also hear the more familiar term executor.
A personal representative may be responsible for tasks such as:
You aren’t expected to become a probate lawyer simply because someone trusted you enough to name you as the PR.
Our role is to help you carry out yours.
Not Every Probate Case Requires the Same Level of Court Involvement.
Colorado probate may proceed informally or formally depending on the circumstances.
Informal probate is commonly used when there is a valid will or otherwise straightforward estate, the appropriate parties are known and significant disputes aren’t anticipated.
Much of the process can generally be handled through filings rather than repeated court appearances.
Formal probate involves greater court involvement and may be appropriate when there is uncertainty or disagreement involving the estate.
Examples might include questions regarding the validity of a will, disputes among interested parties, difficulty determining heirs or circumstances requiring greater judicial supervision.
A properly funded trust may allow certain assets to be administered outside probate court.
But the trustee still has a job.
Trust administration can involve identifying and managing trust property, interpreting the terms of the trust, communicating with beneficiaries, paying appropriate expenses and obligations, maintaining records and ultimately distributing or continuing to manage trust assets according to the trust’s instructions.
That can create difficult questions:
When should distributions occur?
What information are beneficiaries entitled to receive?
How should property be valued?
What if a beneficiary disagrees with the trustee?
What happens to a house or business owned by the trust?
What if some assets were never transferred into the trust?
Kinney Buzek helps trustees understand their responsibilities and administer trusts according to their terms and applicable law.
No Will Does Not Mean No Process.
When someone dies without a valid will, they are said to have died intestate.
Colorado’s intestacy laws generally determine who inherits property that would otherwise have been controlled by a will.
That does not mean the state simply “takes everything.”
It means state law, rather than the deceased person, establishes the rules for inheritance.
The result depends upon the person’s surviving family relationships and the assets involved.
A probate proceeding may still be necessary to appoint a personal representative, administer property, address claims and distribute the estate to the appropriate heirs.
This is one reason estate planning matters so much:
If you don’t make certain decisions yourself, the law may ultimately make them for you.
Real estate is often one of the largest and most complicated assets in an estate.
The right course of action depends upon how the property is titled, whether there are co-owners, whether it is held in trust, what the estate-planning documents say and what the heirs or beneficiaries are legally entitled to receive.
The property may need to be maintained while the estate is administered.
It might eventually be transferred to a beneficiary.
It might need to be sold.
A deed may need to be prepared and recorded.
Mortgages, taxes, insurance and other obligations may also continue during administration.
Kinney Buzek helps families understand how Colorado real property fits into the overall estate and what needs to happen before ownership can properly change.
An Estate May Inherit More Than Property. It May Inherit a Company.
A business interest can make estate administration considerably more complex.
Someone may need immediate authority to make decisions.
Employees may be waiting for direction.
There may be contracts, partners, customers and financial obligations.
The company’s operating agreement or buy-sell agreement may dictate what happens to the deceased owner’s interest.
And the estate plan may contain an entirely different set of instructions.
This is where Kinney Buzek’s broader practice becomes particularly useful.
Estate administration and business law can intersect at exactly the moment when fast, informed decisions matter most.
Mineral interests can easily be missed during estate administration.
They may not look like a traditional piece of property.
There may be no house sitting on them.
The family may not know exactly where the interests are located.
They may have been inherited generations ago.
Yet mineral rights can carry significant present or future value and may require specific title and transfer work.
For estates involving mineral interests, administration may require determining ownership, reviewing deeds and other records, addressing probate or trust issues and properly transferring the interests to heirs or beneficiaries.
Because Kinney Buzek works directly with mineral owners, the firm understands that these interests should not simply become an afterthought during estate administration.
Paying Everything Immediately Isn't Necessarily the Right Answer.
Personal representatives are often contacted by creditors soon after someone’s death.
That does not mean every bill should immediately be paid from estate funds.
Colorado probate establishes procedures for providing notice and addressing claims against an estate.
The personal representative has a responsibility to manage estate assets appropriately while determining which obligations should legally be paid.
Kinney Buzek helps personal representatives navigate creditor notices, claims and final obligations as part of the estate-administration process.
This is one of many reasons it’s valuable to understand your legal responsibilities before distributing estate assets.
Yes. Being responsible for a Colorado estate does not necessarily mean you have to live in Colorado.
Families move.
Children grow up and settle in other states.
Parents continue owning homes, businesses, land or mineral interests in Colorado.
As a result, it’s common for the person responsible for administering a Colorado estate to live somewhere else.
Out-of-state personal representatives and heirs do not necessarily need to travel to Colorado to manage every aspect of an estate. Much of the probate and estate administration process can often be handled remotely, including communication with counsel, document review, required filings and coordination of many administrative matters.
For families managing a Colorado estate from another state, experienced local counsel can help navigate Colorado probate requirements, coordinate the process and identify matters that may require local attention.
There isn’t one timeline that applies to every estate.
The length of probate can depend upon the assets involved, creditor issues, real-estate transactions, tax matters, beneficiary concerns, disputes and the level of court involvement required.
A relatively straightforward informal probate will move differently from a contested or unusually complex estate.
Kinney Buzek’s current guidance indicates that an informal Colorado probate often takes approximately six to twelve months, while more complex or contested matters may take longer.
That’s why we would explain the expected process based on your particular estate, rather than promise an arbitrary completion date.
Court filings matter.
Deadlines matter.
Property transfers matter.
But an estate isn’t simply a collection of accounts, deeds and legal documents.
It’s what someone spent a lifetime building.
And the person responsible for administering it is often trying to do the job while grieving the person who left it behind.
You don’t have to know every step before you begin.
Tell us what happened.
Tell us what you’ve been asked to handle.
We’ll help you determine what comes next.
Colorado Estate Administration | Probate | Trust Administration
We’ll help you understand what comes next.
No. Whether probate is necessary depends upon the assets involved, how property was titled, beneficiary designations, trusts and other circumstances. Some smaller estates may also qualify for simplified procedures.
“Executor” is a commonly used term for the person responsible for carrying out an estate. Colorado generally uses the legal term personal representative. The personal representative may be nominated in a will or appointed through the probate process.
Being a beneficiary does not automatically prevent someone from serving as personal representative. The two roles are different: a beneficiary may be entitled to receive property, while the personal representative has legal responsibilities related to administering the estate.
Informal probate is a probate process used when the estate is relatively straightforward and significant disputes or questions requiring judicial determination are not anticipated.
Formal probate may be appropriate when there are questions about a will, disagreements among interested parties, uncertainty regarding heirs or other issues requiring greater court involvement.
Even a straightforward Colorado probate typically takes a number of months. An informal estate generally cannot be closed until at least six months after the personal representative is appointed, or one year after the date of death, whichever occurs first.
That time allows the estate administration process to move forward, including identifying assets, addressing creditor claims and resolving issues or disputes that may arise before assets are ultimately distributed.
Many informal probate matters may take approximately six to twelve months, while contested or more complex estates can take considerably longer.
If you’ve been named personal representative, speaking with an attorney early can help you understand the deadlines, responsibilities and potential issues that could affect how long the estate remains open.
Colorado intestacy law determines who inherits property subject to intestate succession. Probate may still be necessary to appoint a personal representative and administer the estate.
Assets properly owned by a trust can be administered according to the trust rather than through probate. However, assets outside the trust may still require probate, and the trustee still has legal and administrative responsibilities.
Yes. Out-of-state personal representatives, trustees and beneficiaries commonly need assistance with Colorado property and probate matters.Their current practice already handles Colorado estates for people who live elsewhere.