Probating Mineral Rights in Colorado: Step-by-Step Guide

When a loved one passes away owning mineral rights, how does one transfer ownership of mineral rights? Is probate necessary? What if the decedent had a Will? What if the decedent owned mineral rights but no house or anything else of value? What if the decedent lived out of state? Mineral rights tend to feel like their own category in the world of probate, trusts, and estates, so these are all valid, common questions. This article is the ultimate guide to probating mineral rights.

Probate Always Required to Transfer Mineral Rights

When someone dies, probate must be opened with the court if someone passes away owning either (1) real estate/real property, or (2) assets worth more than $82,000 (as of 2024). In Colorado, mineral rights are defined as real property, so probate must always be opened to transfer them. This is true even if the decedent had a Will. The only exceptions to this are if the deceased person had a trust or LLC and the mineral rights are titled in the name of the trust or LLC –then, probate may be avoided. If not, then either (1) the person nominated in the Will to be the Personal Representative, or (2) if there is no Will, a person with statutory priority to be appointed as Personal Representative, must file to open probate with the court in the proper county. Once appointed as Personal Representative, it’s important to begin investigating the mineral rights themselves and understanding what the decedent actually owns, which is easier said than done. Other than the decedent’s personal paperwork, it can be a good idea to check the applicable county’s public records for relevant documents.

Executing the Transfer of Mineral Rights

If the decedent owned mineral rights in an inactive location, only a simple Personal Representative’s mineral rights deed is necessary to complete the transfer to the correct heirs/beneficiaries. However, if the decedent owned mineral rights and an oil and gas company has a lease or other method for active drilling in that location, the process can be more complicated—and will undoubtedly take longer. Each company may have their own expectations, so it is important to start by asking the companies about the documents they require upon the death of an owner. Typically, the Personal Representative’s Letters of authority will be required along with a deed. The deed should be preapproved by the company prior to recording in order to prevent errors that can cause confusion and may have to be corrected later on. The reality is that these companies are very busy, so it can take time to connect with them and confirm the sufficiency of the paperwork. However, it’s worth the time to ensure everything is completed correctly.

The Decedent Only Owned Mineral Rights

For situations where the decedent basically only owned the mineral rights and nothing else of value, probate can be opened informally. After transferring the mineral rights to the correct beneficiary, the Personal Representative may then close probate via the small estate route if “the value of the entire estate, less liens and encumbrances, did not exceed the value of personal property held by or in the possession of the decedent as fiduciary or trustee, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent…” (C.R.S. § 15-12-1204). In other words, filing the opening probate paperwork is still required, but if the mineral rights plus whatever else is in the estate totals less in value than all of the above, then the estate still qualifies as a small estate. This means that the Personal Representative can speed up the typical probate process and distribute to heirs without giving notice to creditors. So long as the Personal Representative has fully administered the estate, they can immediately file to close the estate with the Statement of Personal Representative Closing Small Estate (JDF 966 on the Colorado Judicial Branch website) and send copies of the closing statement to all heirs or beneficiaries.

Example: The decedent passed away in Larimer County owning some personal property valued at about $1,500 and mineral rights in Weld County. The decedent was unmarried with one adult child, who is the sole heir of the estate. Even though the estate isn’t worth very much, probate is mandatory. The person with legal priority to be the Personal Representative, likely the heir in this case, would file to open probate informally in Weld County in order to transfer the mineral rights. After executing a deed transferring them to the child, the Personal Representative would then file the Statement of Personal Representative Closing Small Estate and deliver a copy to the heir.

The Decedent is from Out of State but Owns Mineral Rights in Colorado

A very common scenario is when a decedent from out of state owns mineral rights in Colorado. What happens next depends on whether the decedent’s estate required probate in their home state or not. Either way, probate must be opened in Colorado in the county where the mineral rights are located, but it will either be the simplified, out-of-state process, called “ancillary probate” or it will be the typical Colorado probate process as described earlier in this article. If probate has been opened in the home state, the Personal Representative from that state must open ancillary probate. If probate did not need to be opened in the decedent’s home state, then typical probate will have to be opened.

Example: The decedent passed away in Florida where they lived and owned a house in Florida and mineral rights in Weld County. Probate would have to be opened in Florida because the decedent owned a house there. After getting appointed in Florida, the Personal Representative would then need to open ancillary probate in Weld County in order to transfer the mineral rights.

This Process is Challenging – Ask for Help!

Transferring mineral rights upon death can be tricky to navigate, particularly when it comes to understanding and drafting mineral rights deeds. Seek legal advice if you have any questions to help make sure you avoid spending unnecessary time and money trying to answer such questions on your own. As a northern Colorado firm surrounded by land rich in mineral rights, we’re quite familiar with this process and will gladly assist you with opening and closing probate, drafting the proper deeds, and accomplishing anything else required by oil and gas companies. Reach out today to schedule a consultation: admin@gantlawoffice.com  

How Much Does a Lawyer Cost in Colorado? A Transparent Look at Attorney Pricing

How Law Firm Pricing Really Works

In the 2025 legislative session, the General Assembly passed (and the Governor signed) HB 25-1090 Protections Against Deceptive Pricing Practices, which is set to take effect January 1, 2026. The goal of this legislation is to dispense with deceptive pricing practices in Colorado. At Gant Law, we fully support pricing transparency and wanted to take this opportunity to provide some insight into attorney pricing for those seeking legal services.

When hiring an attorney, one of the first and most common questions is: How does pricing work? For clients unfamiliar with legal services, the answer can feel opaque or even intimidating. At Gant Law, we believe transparency and clarity are essential. So, here’s a straightforward explanation of how hourly billing works—and what it actually means when you receive an invoice from a law firm.

What You're Really Paying For

Unlike purchasing a product with a price tag, legal services are not about materials or parts. What you’re paying for is a professional’s time, expertise, and judgment. An attorney’s service is their knowledge and experience—the ability to interpret the law, assess your case, and apply strategy to your unique situation.

The most common way to value that knowledge is by tracking the time spent delivering it. That’s why most Northern Colorado law firms, especially in complex areas like family law and probate, use hourly-rate pricing.

Why Not a Flat Fee?

You may have heard of attorneys offering flat fees, and in some practice areas—like simple estate plans or uncontested matters—that works well. But for areas like litigation, guardianships, contested divorce, or estate administration, there are simply too many variables. Every case is different. Every opposing party behaves differently. Every court has its own nuances and timelines.

In these types of cases, guessing at a flat fee could either overcharge the client or leave the attorney unable to cover the time truly required. Hourly billing allows for flexibility and fairness based on the actual complexity and duration of your case.

The Role of a Retainer

Clients are often confused about the term "retainer.” It’s important to understand that a retainer is not the total price of your case. Instead, it’s a form of prepayment—think of it like a down payment or security deposit.

These funds are deposited into a special trust account and remain your property until the attorney earns them by working on your matter. Some firms use the funds right away to pay your first few invoice (or invoices). Others hold onto the retainer for the life of your case and return it at the end if unused. Either way, anything not earned goes back to you.

In Colorado, trust accounts are regulated and monitored. Interest earned from these accounts (if any) is sent to the Colorado Lawyer Trust Account Foundation, which supports civil legal aid services for those who cannot afford it.

How Time Is Tracked (And Why It Matters)

Attorneys typically bill in time increments. In Colorado, courts have said that billing in up to 12-minute increments (or tenths of an hour) is legally permissible. But here’s the problem: if a task takes just one or two minutes, you could still be billed for the full 12.

At Gant Law, we don’t think that’s fair. We bill in 3-minute increments (or twelfths of an hour), which more closely aligns with the actual time tasks require. That means our clients are paying for what’s truly necessary—no more, no less.

Hourly Rates: What Do They Reflect?

Hourly rates in Northern Colorado for family law and probate matters often range from $225 to $450, depending on the attorney’s experience, knowledge, skill, and the complexity of the case. But here’s an important truth: a higher hourly rate doesn’t always mean a higher overall cost.

Why? Because experience brings efficiency. A seasoned attorney may complete a complex task in half the time it takes someone with less experience. That’s why the total cost of a matter is often more about efficiency and decision-making than just raw hourly numbers.

At Gant Law, we strive to assign the right task to the right professional. If a paralegal can do the job just as well, they will—and you’ll be charged the paralegal rate. If an attorney does a paralegal task for convenience, we’ll still bill you at the paralegal rate. If we do work that doesn’t meet our internal quality or timing standards, we may even reduce the rate or charge nothing at all. When two attorneys collaborate, and the full benefit of both isn't necessary, you'll also see that time billed at half rate.

What You're Billed For—and Why

If a task was required for your case, it is generally billable. That includes:

• Reviewing records;

• Drafting pleadings;

• Analyzing facts and law;

• Strategizing or preparing for hearings;

• Communicating with you, the opposing party/attorney, witnesses, the court, etc.

It may surprise some clients to see time billed for reading emails or making quick phone calls. But that’s because even those actions require legal attention. Our job is to think critically about everything that enters your case—and that includes correspondence. Knowing the full facts on your case is the only way analysis can be comprehensive.

“We believe legal fees should never feel like a surprise.”

— Gant Law

How to Keep Legal Costs Down

This is a question we’re always happy to answer. The number one tip: respond to your attorney’s requests accurately and on time.

It may sound simple, but it’s key. Nothing wastes more client money than delays caused by incomplete information. If your attorney asks for records, inventories, forms, or documentation, turn them in quickly, fully, and in the format requested.

Also, consolidate your questions when you can. Every email or call you send requires a response—and each response is time. We’re ethically required to respond, and we want to be helpful. But if you send 10 separate messages instead of one well-thought-out email, your bill will reflect that.

Transparency and Communication

Attorneys in Colorado are required to provide detailed billing records. At Gant Law, we send regular invoices (usually monthly) that show exactly how your matter is progressing. Every three-minute increment is accounted for. We aim to include enough detail so you know what was done, without exposing sensitive information in case the court ever needs to review the invoices.

We believe legal fees should never feel like a surprise. That’s why we’re transparent about both our pricing and your case’s direction. We’ll advise you about what’s coming up, the options you have, and what we can do to help manage expenses without compromising quality.

Final Thoughts

We know legal representation can feel expensive. Good legal work can also prevent costly mistakes, resolve conflict more efficiently, and bring peace of mind in difficult times. At Gant Law, we take seriously the responsibility of providing service that is both excellent and fair.

If you still have questions about how hourly billing works, or how we approach fees in your specific type of case, we’d be happy to talk with you. We don’t want you walking into a legal matter feeling unsure or confused—we want you feeling confident, informed, and empowered.

How To Transfer a Decedent’s Vehicle Title in Colorado

When the owner of a vehicle passes away, the title to that vehicle will need to be transferred. How to go about transferring title depends on several factors, including whether probate is open or needs to be opened, whether the vehicle was left to someone in a will, and whether the vehicle was owned by more than one person.

Vehicles Part of Non-Probate Estates

If the estate doesn’t require probate, whoever is administering the estate can fill out an Affidavit for Collection of Personal Property (JDF 999) or a DMV Small Estate Affidavit (Form DR 2712) and take it to the DMV along with the title and a copy of the death certificate to transfer title to the new owner. See our article, Probate: The Basics, for more information about determining whether opening probate is required.

Vehicles Part of Probate Estates

If the estate will require probate and the vehicle was not placed in a trust, the process is a bit more complicated. If the vehicle is included in a will, the personal representative can wait until the close of probate to transfer title to the named beneficiary. If the vehicle hasn’t been designated to someone in a will, the personal representative will need to comply with the terms of the will or with the rules of intestate succession. This may mean selling the vehicle and keeping the proceeds safe in an estate bank account until the time comes to distribute the estate. This may also mean allowing an heir to keep the vehicle outright, depending on the heirs involved, the terms of a will, and the overall financial circumstances of the estate. It can be tricky for personal representatives to decide what to do, so seeking legal assistance is highly suggested.

With probate estates, in order to transfer title of a decedent’s vehicle, the DMV will typically require (1) the original title, (2) a copy of the death certificate, and (3) certain court documents, including the Letters Testamentary or Letters of Administration. However, it is best to contact the local DMV ahead of time to confirm what documentation is required to complete the title transfer as requirements can vary from DMV to DMV.

Vehicles with Multiple Owners

Finally, if a vehicle is titled to more than one owner in joint tenancy, the surviving owner will own the vehicle by operation of law. “Joint tenancy” essentially means that when there are multiple owners, the last survivor of the owners gets to keep it outright, rather than it going into the estate. Thus, to transfer title when at least one owner is still living, the signatures of all living owners will be necessary.

Estate Planning Around Vehicles

Looking to simplify the estate process for your loved ones and avoid probate? Many folks don’t know that Colorado has a tool to do so for vehicles specifically. A vehicle owner can use Department of Revenue Form DR 2009 to include with their estate planning documents, which allows the owner to designate a beneficiary to take ownership of the vehicle upon their passing. Upon the owner’s death, the beneficiary can simply present this form with a death certificate and the requisite Application for Title Form 2395 to the DMV to transfer title to themselves. It is important to note that this form will trump anything stated in the owner’s Will, so if an owner wants to make any changes, they should ensure all of their estate planning documents are kept up to date and in line with their wishes. The owner can revoke the form by destroying it, selling the vehicle, or filling out a new form. Every situation is different, and this form may not be the best option for every person and estate, so speaking to an experienced estate planning attorney is recommended if there are any questions as to its use.

Knowing what to do with a deceased loved one’s property can be confusing and difficult to navigate. If you’re in need of assistance with transferring titles, the Colorado probate process in general, or estate planning options, please reach out to Gant Law and we’ll be happy to schedule a consultation for you.

To Probate or Not to Probate: Mobile Homes

When determining how to proceed with an estate, an initial question is often whether to open probate or not. Probate is not required for any assets the decedent placed into a trust or any assets with assigned beneficiary designations. Probate is always required when the decedent owned real estate or when the decedent owned assets worth over $80,000 (as of 2023). So how does one proceed when the decedent owned and lived in a mobile home?

If the decent owned land on which the mobile home sits, the land is considered real estate which will require probate. But many folks own mobile homes that sit atop rental plots, and they do not own the land, so the analysis turns on whether probate is required for the mobile home itself. In Colorado, a mobile home is by default considered personal property rather than real estate. However, if the mobile home is permanently affixed to a location and a certificate of permanent location has been filed with the county, it is then considered real estate pursuant to C.R.S. § 38-29-202 and probate will be required in order to transfer ownership of the mobile home.

Thus, if the mobile home is not permanently affixed and a certificate has not been filed, it will be considered personal property. In that case, opening probate is unnecessary so long as the total value of the mobile home and the decedent’s other assets does not exceed $80,000. Instead, use of a small estate affidavit and/or DMV affidavit  will suffice.

Another consideration is whether the decedent added another person to the title of the mobile home as a joint tenant with the right of survivorship (sometimes shortened to “JTWROS” on the title). If so, once the decedent passes, ownership simply passes to the other listed person—outside of probate.

At Gant Law, we understand every case is different and these procedures can feel complicated and overwhelming, particularly while grieving the loss of a loved one. Give us a call today and our attorneys will be ready to provide you with personalized guidance based on your situation.

Probate: The Basics

What is Probate?

In general terms, the goal of the probate process is to take inventory of and manage a deceased person’s (a “decedent’s”) assets and debts before distributing remaining assets to named beneficiaries and/or heirs. The person in charge of administering an estate is called a Personal Representative (“PR”), which is Colorado’s term for the Executor of an estate. In Colorado, the process is fairly streamlined, but it takes some time—probate is typically open for six months to a year though it may take longer—and many steps must take place in order to properly administer an estate.

When is Probate Necessary?

When a person passes away, the first thing to determine is whether to go through the small estate process or to open probate. If the decedent passed away owning either (1) real estate or (2) assets worth over $80,000 (as of 2023), then opening probate is required by law to administer the estate. If neither of these are the case, then use of a small estate affidavit (or DMV affidavit for vehicles) is all that is needed.

Who Can Apply to Become the Personal Representative?

Colorado law lays out the order of priority for courts to appoint a PR. For purposes of this section, a “devisee” is a person designated in a will to receive real or personal property. The following is the order of priority:

·       The person nominated or given priority to be PR in the decedent’s will;

·       The surviving spouse of the decedent who is a devisee of the decedent;

·       The surviving party to a civil union who is a devisee of the decedent;

·       A person given priority to be a PR in a designated beneficiary agreement;

·       Other devisees of the decedent;

·       The surviving spouse of the decedent;

·       The surviving party to a civil union;

·       Other heirs of the decedent;

·       Forty-five days after the death of the decedent, any creditor.

Though the court must consider persons with priority for appointment, it can still pick a person with lower or no priority. In cases where there is no will, the court can appoint a person who is acceptable to the heirs and devisees whose interests in the estate value more than half the total value of the estate. Additionally, if all else fails, courts can appoint any suitable person.

Testate vs. Intestate

If the decedent died owning real estate or assets over $80,000 and opening probate is necessary, the next determination is whether to open probate as testate or intestate. Testate simply means the decedent left behind a will and intestate means there is no will. Prior to opening probate, an applicant for PR must diligently search for the decedent’s will. If there is indeed a will, the applicant must lodge the will in the county where the decedent passed and follow the will’s terms and distribute assets according to the decedent’s wishes. If no will can be found, then the Colorado rules of intestate succession govern how to distribute a decedent’s assets. These rules can apply in tricky ways depending on each decedent’s familial structure, so advice from an experienced probate attorney may be vital for unique or complicated situations.

Formal vs. Informal

The next determination is to decide whether to open probate formally or informally, and it is important to understand the differences.

Formal probate requires more involvement from the court and is the best track for complex estates, situations involving disputes between family members and potential litigation, and/or unclear heirship determinations. Court oversight is needed in many of these scenarios, so the PR often must ask the court for permission before making certain decisions such as determining the validity of a will, selling estate assets, paying creditors, and making final distributions. Folks petitioning to open formal probate also must provide notice of their petition to known heirs ahead of time to allow for objections and a hearing, if needed.

Informal probate requires very little court oversight and is the best track for simple estates, collaborative families, and straightforward heirship determinations. Applicants for informal probate need only apply with the appropriate forms and give notice to heirs once appointed as PR. For many families, the analysis for picking formal or informal doesn’t feel so straightforward, so speaking to an experienced probate attorney is advised in more complicated situations.

What are the Duties of a Personal Representative?

PRs have an important societal role and along with it, certain duties as the fiduciary of an estate, including:

·       Duty to administer the estate with care and in accordance with Colorado law

·       Duty of impartiality: Treating all persons with an interest in the estate the same, without any bias for or against any of them

·       Duty of loyalty: Not favoring the PR’s own interest above those of the estate or interested persons

Failing to properly fulfill these duties can have negative repercussions and open the PR up to personal liability and litigation, so it’s important for a PR to fully understand and be willing to accept these duties prior to appointment.

What are the Responsibilities of a Personal Representative?

In following the above general duties, PRs must complete certain requirements, including:

·       Collecting and protecting assets

·       Keeping a clean, accurate record of assets and completing inventories

·       Notifying creditors of the estate’s existence

·       Filing any necessary paperwork with the court

·       Paying bills, creditors, and taxes

·       Responding to requests for information from named beneficiaries or heirs

·       Making distributions to the named beneficiaries or heirs

·       Closing the estate once all of the above is complete

Should You Open Probate on Your Own?

There is no legal obligation to retain an attorney for probate and the Colorado Judicial Branch keeps all necessary probate forms online for those who wish to proceed on their own. As a starting point, you should ask whether it appears there are any questions or disputes involved that might lead to litigation. If so, it may be helpful to seek an attorney’s guidance.

For those residing outside of Colorado, it is still possible to apply to become a PR and go through the probate process from another state. This can be very challenging, so it’s advisable to seek an attorney to assist in the process. For example, in Colorado, the probate court does not allow unrepresented parties to file documents electronically, and having to mail or bring documents in person can become quite tedious.

The probate process can feel overwhelming, particularly while grieving the passing of a loved one. Whether you’re considering applying to become a PR, you have questions about a will, you’d like help representing your interests as an heir, or you have questions about the probate process itself, please feel free to contact Gant Law and one of our probate attorneys will gladly assist you.

What are Legal Retainers: A Guide by Gant Law, Your Greeley, Colorado Family, Probate, and Estate Planning Experts

If you're in Greeley, Colorado, and seeking advice on a family, probate, or estate-planning matter, Gant Law is your local go-to law firm. We understand that legal terms can be overwhelming, so let's unravel the mystery behind one such term – legal retainers.

What's a Legal Retainer, Anyway?

Alright, let's get to the bottom of this retainer business. Think of it like this: when you're about to hire a lawyer to tackle your legal woes, what are they giving you in return? Their time. But once they’ve put in their time, it’s expended, and they cannot withhold it to ensure payment. Thus, the legal retainer. You can think of it as an upfront payment by a client for future time the attorney will put in. It’s the assurance of payment before they roll up their sleeves and dive into your case.

Now, these retainer funds can also go by the name "trust funds." Fancy, right? But don't let that throw you off. This is just a way to assure both you and the lawyer that you're committed to this legal journey.

It's Still Your Money (Mostly)

The important thing about a retainer is that the money you put in is still yours until your lawyer earns it. Your lawyer needs to put in some hours and effort to earn retainer funds. So, until they've put in the work, it's your money, just kept in a safe account. And another cool part? The law firm does not earn any interest on that account. Instead, it goes to a public fund to help with legal needs for those who cannot afford a lawyer.

What Happens After the Legal Dust Settles?

Your legal matter is all sorted, and your lawyer has fought the good fight. What happens if you have leftover retainer funds? Well, no need to worry there. Any of those funds that haven't been earned by the lawyer will make their way back to you.

Trial Retainer

Now, let's say your legal journey is more of a marathon than a sprint. If your case goes all the way to trial, you might need to add more funds to your retainer. But this time, it's called a "trial retainer." It's like a second wind for both you and your lawyer to keep pushing forward. It also will help you more seriously and realistically weigh the pros and cons of settlement, if that is an option for you.

Running Low on Funds? No Problem

Okay, imagine you're driving across the country and your gas gauge is creeping toward empty. That's similar to when your retainer funds start running low. But don't sweat it too much. You won't suddenly find yourself without legal backup. Usually, your lawyer’s firm will give you a heads-up when the funds are running thin.

And if the "low funds" light starts blinking, you'll be asked to top off your retainer. This is often done in $1000 increments. It might feel like a hassle, and in that case, feel free to add more than $1000.

In a Nutshell

So, there you have it – the scoop on legal retainers without the legal lingo. Remember, a retainer is like a financial handshake to kickstart your legal process. You can think of it as a prepayment for legal services. Your lawyer works to earn those funds, and if there's anything left after your legal matter, it heads back to you. Just be prepared for the possibility of a trial retainer or topping up if your funds start dwindling.

Legal matters might be confusing, but the idea of a legal retainer doesn't have to be. It's all about putting a bit of skin in the game to get the legal wheels turning.

Estate of D.S.

Our client was tasked with caring for their ailing mother, moving her from one state to another, finding her housing, and then, after her passing, managing her entire estate. Completing these tasks, while grieving, and trying to navigate the confusing court system can be overwhelming. We were happy to be able to help guide our client through this process and successfully complete the move, the housing, and finalize the estate efficiently, allowing our client to focus on grief and healing.

In the Interest of L.S. and Matter of the S.F. Trust.

Our client came to us concerned about a Guardian and Trustee who was misrepresenting information to the Court and refusing to share information with beneficiaries. Through our client’s resolve and strength and our office’s thorough investigation, due diligence review, and discovery techniques, we learned that the Trustee had committed several serious breaches of both the Guardianship and Trust…..

Estate of L.D

Our client was the nominated Personal Representative for a large estate with multiple primary and secondary heirs. The estate included real property, mineral rights, water rights, many vehicles, notes and receivables, stocks, bonds, business interests, bank accounts, dozens of pieces of farm equipment, livestock, and several other assets, most of which were denoted only on very old, hand-written records. Through our client’s efforts and our investigation, we were able to successfully find, analyze, and distribute all the many assets without any litigation.

Interest of M.J

Our client’s sibling was caring for their ailing mother for multiple years before burning out. Our client then stepped in as court-appointed conservator. Upon stepping into that role, our client discovered that their sibling had exploited their mother by taking (and later trying to hide) a $25,000 loan and using their mother’s funds for personal purchases. Our client’s mother was in danger of losing Medicaid eligibility because of these actions. With our client’s resolve, dedication, and many hours of work, and with our guidance and legal knowledge, we were able to guide our client toward a successful resolution, avoiding the cost of a contested hearing, and successfully placing our client’s mother in a comfortable and highly-skilled long-term facility.

Rated Top Probate Attorney in Northern Colorado

We are proud to announce that Gant Law, LLC was rated as a top Fort Collins and northern Colorado Law Frim by Expertise. Expertise goes through a thorough selection process, which first identifies all potential providers in the area. In our area, they identified 39 law firms that offer probate legal services. Then they curate and analyze all the law firms’ accreditations, data, capabilities, etc. before finally doing a mystery shopping call to ensure knowledgeability, friendliness, and professionalism.

Interest of S.M.

Client's niece filed a faulty claim against him and motioned to remove him as co-guardian for his sister. Niece's claim was based on assumption only and had no basis in fact. Through investigation, witness interviews, and a successful, contested court hearing, we were able to reveal the truth and show that, in fact, niece was the one who had committed the act she claimed was a breach of fiduciary duties. Client remained in his position as co-guardian. Niece's motion for removal was denied. Client was awarded attorney fees and costs.

Interest of R.B.

Client had cognitive and physical impairments and was being financially exploited by third parties. A family member petitioned for Guardianship and Conservatorship, and Client joined in the petition. However, a unique Visitor’s report was produced and threw a wrench in the uncontested matter. We were able to clearly represent our position and shore up the rebuttal information to make our Client’s wishes heard and made a reality.

Interest of K.E.

Client needed to track down heirlooms held by estranged mother and negotiate their return. We were able to professionally and successfully receive all requested items without litigation.

Interest of A.C.

Client’s friend was at great risk of exploitation on account of cognitive impairments. The friend was having trouble navigating VA benefits and other financial needs. We were able to successfully appoint Client as Guardian and Conservator despite a Visitor report that missed important information and resulted in a questionable recommendation.

Do I Have to File Probate?

In Colorado, Probate must be opened unless the decedent (the person who has died) didn’t own any real property AND owned less than $66,000 in assets OR the decedent held all their assets in a trust. 

If the decedent only owned, for instance, a vehicle, a bank account, and some household items, the total value of which was less than $66,000, then a rightful heir can simply use a form (Collection of Personal Property by Affidavit) plus a valid Death Certificate to re-title the vehicle, collect the bank account contents, and retrieve the household items. That heir, however, is bound to appropriately distribute these assets. That is, if there is a valid Will, that heir must distribute the assets according to the Will. If there is no Will, that heir must distribute the assets according to the laws of intestacy (the laws that dictate who gets what when there is no Will).

If the decedent was the grantor of a trust, and if all their property was listed in the trust AND any property with titles was titled in the name of the trust, then the trustee will simply follow the guidelines written in the trust for the benefit of the beneficiaries, and no probate is needed.

What we often see, however, is that a trust is not fully “funded,” meaning the decedent owned some property that didn’t get titled to the trust and is still titled, say, in the decedent’s name. Unfortunately, this usually means probate must be opened in order to distribute that asset.

If you or a loved one are looking at going through the probate process, we are happy to help guide you through. Please feel free to contact us. You may also find it helpful to review the court’s self-help manuals and resources found here: https://www.courts.state.co.us/Self_Help/estate/.

What is the Difference Between a Conservator and Guardian?

In Colorado, a person may petition a court to appoint a Conservator and/or Guardian for a person who cannot manage their own finances or health. The person who needs help is called a Protected Party or Ward. This might be, for instance, a young child with no parents, a disabled adult, or an elderly person suffering from neurocognitive deficits. 

A Conservator is someone appointed to help manage the Protected Party’s finances, while a Guardian is someone appointed to ensure the Protected Party’s health and wellbeing are being managed appropriately.

Conservators can be appointed on an emergency basis (called a Special Conservatorship), to handle one or a limited number of transactions, or on a regular/ongoing basis. 

Guardians can be apppointed on an emergency basis (called an Emergency Guardianship), to handle a single issue or limited number of issues, or on a regular/ongoing basis. 

Conservators and Guardians may also have limitations, such as only being allowed to manage a certain bank account or to decide housing for the Protected Party, per the court’s discretion.

If you or a loved one are in need of a Conservator or Guardian, we would love to help guide you through that process. Please feel free to contact us. You may also find it helpful to review the court’s self-help manuals and resources found here: https://www.courts.state.co.us/Forms/SubCategory.cfm?Category=Guardian

What is Probate?

Probate in Colorado is a court process whereby you settle a deceased person’s financial affairs. When someone passes, whether they leave a Will or not, chances are their surviving loved ones will need to go through the probate process in order to re-title or distribute their assets to their heirs. 

There are some exceptions. For instance, if the person didn’t own any real estate and had less than approximately $66,000 (this number fluctuates) in assets, then there are other options. Also, if everything the person owned was held by or titled to a trust, then probate would not be necessary. For everyone else, here is a quick look at the process: 

1. Open Probate: “‘opening” probate means filling out some specific forms and filing them with the appropriate court. As part of this process, you’ll need to nominate a personal representative or “PR” (sometimes called an “executor”). There are laws outlining priorities for who becomes the PR, starting with the person nominated in a valid Will, if there is a Will.

2. Take Inventory & Maintain the Estate: next, the PR will need to do some detective work. They must make sure they understand what all the deceased person owned. This means checking for personal belongings, bank accounts, vehicles, storage facilities, etc. If there is anything that needs maintaining, like a home or vehicle, they will need to take good care of those assets so as not to let their values decrease. They can get reimbursed from the estate for maintenance costs or they can use the estate’s liquid assets to help with this.

3. Notify Creditors: once probate is opened, the PR must let potential creditors know about it. This is done by publishing a specific notice in a major newspaper in the correct jurisdiction once a week for three consecutive weeks. Potential creditors get at least four months to make claims, and some claims can be brought up to a year after the deceased person has passed.

4. Settle the Estate: once the assets are all accounted for and safe, and the deadline for claims has passed, the PR can pay off debts and distribute assets. They will need to follow a specific order of priority for paying debts and will either follow the Will, if there is one, or the laws of intestacy for distributing assets to the rightful heirs. 

5. Close Probate: once all the debts are paid and property distributed to the rightful heirs, the PR will file closing documents with the court and receive a final order discharging them from their duties. The probate process is then complete.

If you or a loved one are looking at going through the probate process, we are happy to help guide you through. Please feel free to contact us. You may also find it helpful to review the court’s self-help manuals and resources found here: https://www.courts.state.co.us/Self_Help/estate/.

Interest of K.O.

Client’s grandchild was born premature and incurred major medical expenses. Grandchild’s parents could not qualify for government assistance but neither could they afford health insurance. Through an emergency (and regular) guardianship and special (and regular) conservatorship, we were able to appoint client as guardian and conservator such that client’s health insurance covered the child, saving the parties significant medical costs.

Estate of B.H.

Client and brother were involved in dispute regarding distribution of assets from their mother’s estate. We were able to successfully navigate a fair buyout for our client while avoiding significant costs of litigation.