Estate Administration

Probate smProbate doesn’t have to be stressful – hire experience!

The death of a spouse or parent is an extremely emotional time. Since 1987, Nathan L. Andersohn, Esq. has been helping clients get through this difficult period in their lives. The process of contacting an attorney and handling the financial affairs as set forth in the decedents will/ trust or by state statute (if no will is found) doesn’t have to add to the stressful situation.

Mr. Andersohn’s education and experience in accounting, law, and real estate is tailor made for a probate lawyer. After nearly three decades of reviewing financial statements, attending real estate closings, litigating estate disputes, filing insurance claims, and reviewing creditors’ claims, he is fully prepared to handle your estate.

The initial benefit of meeting with an attorney experienced in probate administration is receiving answers to basic questions concerning Colorado law, discuss the timeline for the process, and receive an estimate of attorney’s fees to complete the process.

The Process

The original will is submitted to the appropriate court with a Petition Order, Letters, and other documents to open the probate action. Well over 90% of all probates are opened as informal and unsupervised actions.

Real property and personal property of the deceased are not tied up in probate long-term. In fact, many properties are sold promptly after the probate is opened.

If the deceased did not have a will an Application for Informal Appointment of Personal Representative is filed along with other documents to open probate. The assets are then distributed to heirs per Colorado Statutes.

The Andersohn Law Office, PC will assist the personal representative in completing all acts necessary to complete the probate process. A middle-class estate in which family members are not in conflict may often times be completed in a little over six months.

The Initial Meeting

At the initial meeting, the client should bring the original will/trust (if available), a copy of the death certificate (if it has been received) and a summary of all assets, including insurance, real estate, motor vehicles, pensions, stock assets, IRA’s, 401k’s, bank accounts, and interest in any business or investments. If possible, it would be good to bring documentation of the assets (i.e. deeds, car titles, last bank statement, etc) however, there will be plenty of time to assemble that information after the initial meeting. An attorney will also need a list of the names, phone numbers, and addresses of all people that will inherit the assets from the decedent.

Probate Litigation

Fiduciaries in Colorado have many obligations to heirs and beneficiaries of wills and trusts. The statutory requirements and deadlines must be strictly followed. If a beneficiary or heir discovers any impropriety in a fiduciary’s handling of the affairs of an estate it may be necessary to file a legal action to protect the assets and rights of family members. It is best to seek legal advise as soon as possible before assets are distributed. The Andersohn Law Office, PC represents clients in probate litigation.