Probate Questions and Answers

What does a probate lawyer do?

A probate lawyer helps clients manage estates or trusts after someone dies, draft estate documents, and defends/represents client in contested court cases concerning matters that occur after someone dies. Many times probate attorneys also handle guardianship and conservatorship cases.

How can you find a good probate lawyer?

Ask the attorney if they defend clients in contested cases to be sure they can defend the documents they draft. Ask the attorney specific questions on Colorado law to see if they have the rules memorized.

How to hire a probate lawyer?

To hire a probate lawyer, get a feel if they are experienced and the right attorney for you.   

What type of lawyer do you need for probate?

A probate or estate attorney who is familiar with the court rules and the judge that will decide the case.

What to bring when meeting a lawyer for probate?

Any documents you have questions about and a list of questions so you don’t forget to ask anything. 

How long does it take a lawyer to distribute an estate after probate?

In Colorado the minimum is 4 months but most estates take around 6 months.

Who does the probate lawyer represent?

Sometime probate lawyers represent the Personal Representatives (also known as the executor) who is managing the estate, sometimes the probate lawyer represents beneficiaries or creditors of the estate, and sometimes probate lawyers represent the estate itself.

What forms are needed for probate?

Many forms and court documents are needed for probates. There are different documents depending on the type of estate. Contact us to learn more.  

When should I hire a lawyer for probate?

As soon as you have questions or concerns.

What is the burden of proof in a probate case of common law marital relationship?

Establishing a Common law marital relationship in a probate is the same as in a domestic relations case which generally requires cohabitation for a minimum of a year and other factors described in Colorado Case law such as filing joint taxes and co-ownership of property. The rules are not exact but flexible depending on the evidence.

What is probate estate law?

Probate law or estate law generally concerns issues related to a person’s disability or a person’s death.

What to ask a probate lawyer when first meeting?

What steps are necessary to manage my particular probate? How long will this take? Do I have a strong case or an uncertain case? How much are the anticipated costs? 

Still Have Questions? Contact Rossi Law Today!

Frequently Asked Questions(FAQ)