How Long Does Probate Take?

Dan Mckenzie • Apr 28, 2023

The word "Probate," like many other legal terms comes from Latin, meaning proof. Probate is the court process that determines whether a decedent’s Last Will and Testament is real, legally valid, and enforceable. The process has a reputation for lasting a long time, but this may not always be the case. Many factors can play into how long probate actually takes. Some estates may settle after several months, six to nine in shorter cases. Other cases may take a year or more.


There are many steps in the probate process, and all of them are necessary in order to transfer the assets from the ownership of a deceased individual into the ownership of one of their living beneficiaries. Taxes and outstanding debts must also be paid before this can happen. The process can be extremely slow when there are complications such as a Will contest, a multitude of debtors, or hard to find assets and/or beneficiaries. In addition, since the decedent’s as well as the estate income and other taxes need to be settled, this can often delay an already slow moving process. Since many tax forms are not generated and received until the end of the year, that means work on the tax returns cannot start until after several months have already elapsed. 


WHAT MAKES PROBATE TAKE LONGER?

The laws established minimum waiting periods that the probate process needs to take. The legislators enacted these laws because they wanted to protect innocent debtors and potential beneficiaries and made sure that enough time would pass while the court case was open so as to allow people to come forward and state their claims. Generally, probate can take longer the more beneficiaries there are or the more complicated a person’s Will or family situation is. If beneficiaries live far from the probate court where the case is taking place, it could take longer to complete. Sending documents back and forth between multiple people located in various places can be tedious.


It’s worth noting that two beneficiaries may not agree on absolutely everything that must happen with an estate, let alone three, four, or more. Some beneficiaries also end up hiring their own attorneys to monitor the process. If the beneficiaries disagree with the work the executor is doing as far as managing the estate, the process can take even longer.


A WILL CONTEST MAY TAKE PLACE IN A NUMBER OF INSTANCES:

The Will was not signed with the proper legal formalities.

The Will was written as it was due to issues of fraud.

The Will was written as it was under duress and undue influence by a beneficiary.

The deceased lacked the mental capacity to create a Will. 

Probate will be open for a long time if there is a Will contest. Issues will only usually be resolved after court mandated mediation or a long court trial.


WHAT IF THERE IS NO WILL?

Then, there’s the possibility that the deceased did not have a Will. The estate must still be probated in this case, and the court will still be involved in the process. It will be up to the judge to appoint an executor because the deceased did not do so. The law establishes a priority as far as the people allowed to step forward and request being named executor of the estate. State law will then determine which heirs will receive bequests from the estate and in what percentages. Steps that would have usually been simple could take much longer if there is no Will.



PROBATE IN COLORADO

Probate can take much longer depending on the state, too. Probate in Colorado can be a lengthy and costly process. If beneficiaries do not receive proper guidance, a dispute could arise among heirs and cause the probate process to take years. Common reasons probate can take a while include; waiting on a notice to creditors, resolving disputes among beneficiaries and creditors, completing an inventory, and delays that come with the court system.


An experienced Colorado Probate Attorney can help expedite the process and avoid common probate pitfalls. Contact an experienced Colorado Probate Attorney to help you navigate the Probate process.


What next?

If you think it might be time to think through your estate plan, you can:


  1. Call us at 720-821-7604 to schedule an "Attorney Evaluation Session" to determine whether our firm would be a good fit for your needs. Or fill out our contact form to have us call you.
  2. Visit our estate planning page to learn how proactively thinking through your estate plan can protect you and your family, minimize hassle, lower the chance of family discord, and minimize or eliminate taxes.
  3. Learn more by reading our blog or watching our videos.

The Probate Process in Colorado

30 Apr, 2024
The Probate Process in Colorado

When and How Often Should You Update Your Estate Plan?

By Dan McKenzie • 04 Apr, 2024
The most common questions we get about estate planning are when to start it and how often to update it. Learn more about how we advise our clients on these questions here.

The Importance of Estate Planning: Avoiding Probate and Protecting Your Assets

By Dan McKenzie • 29 Mar, 2024
Proper estate planning is not just about saying who gets what when you die. Done correctly, it can help you avoid court and maintain privacy.

Understanding Probate in Colorado: The Guide to Timelines, Steps, and What to Expect

By Dan McKenzie • 28 Feb, 2024
If you have recently lost a loved one, you might find yourself participating in a probate process, either as the executor or a beneficiary. Learn more about what to expect from that process here.

Sharing Your Estate Plan: A Delicate Balance

By Dan McKenzie • 04 Feb, 2024
One of the most common questions we receive is whether or not to share the details of an estate plan with adult children. This decision is personal and can have far-reaching implications for the individual and their family. The Benefits of Sharing Your Estate Plan Sharing your estate plan with your adult children can be beneficial. Doing so allows the family to discuss the plan's details, including what needs to be done in the event of incapacity or death. This open communication can help set expectations and facilitate a smooth estate administration process. A discrepancy between the plan and what the family expected is one of the most significant sources of tension and difficulty during the estate administration. It can be helpful to identify and resolve the discrepancy while the person who can change the plan can either still do so or explain why they designed the plan the way they did. Our firm generally recommends communication with fiduciaries and beneficiaries about the plan. However, communication does not necessarily mean sharing the complete draft of the estate plan. The Risks of Sharing Your Estate Plan While there are benefits to sharing your estate plan, there are also potential drawbacks. One of the main concerns is that sharing the estate plan can create difficulties if the plan is changed after it has been shared. This can be particularly problematic if any of the beneficiaries of a previous plan will receive less from the new plan. Another risk is the possibility of inconsistent plan drafts circulating after death. This can lead to confusion and potential disputes among beneficiaries. Suggestions for Communicating Your Estate Plan Given these considerations, here are some suggestions on how to best communicate the details of your estate plan: Maintain a Record : Record what has been shared, who it has been shared with, and when it was shared. This can help ensure everyone is on the same page and minimize potential misunderstandings. Share Digital Copies : Consider sharing digital copies of your estate plan, accompanied by a cover letter or mark reminding everyone that the plan can change. This can help mitigate the risk of outdated drafts circulating. Provide a Summary : Instead of sharing the entire plan, consider providing a summary. This can give your family a general idea of your intentions without divulging all the specifics. Again, include a disclaimer that the plan can change. Remember, every situation is unique, and what works for one family may not work for another. It’s essential to weigh the benefits and risks before sharing your estate plan. As always, we’re here to help guide you through this process. Please note that this blog post is intended for informational purposes only and does not constitute legal advice. Always consult a qualified estate planning attorney for advice on your situation.

Contesting a Will in Colorado: A Simple Guide

By Dan McKenzie • 29 Dec, 2023
If you are unhappy with the terms of a will, you may have the right to challenge it in court. However, contesting a will is not easy and requires certain legal grounds and procedures. This blog post explains the basics of how to contest a will in Colorado, including who can do it, what reasons are valid, and what steps are involved.

What to Do If You Think Your Trustee Is Not Doing Their Job Right

By Dan McKenzie • 26 Dec, 2023
Explore the essential steps to take when a trustee is not fulfilling their duties effectively. This guide provides practical advice on identifying trustee shortcomings and the legal actions available to address them. Ensure your trust is managed properly with our expert insights on trustee responsibilities.

What is the Formal Probate Process in Colorado and When Do You Need It?

By Dan McKenzie • 24 Dec, 2023
The blog post outlines the formal probate process in Colorado, detailing when it's necessary and the steps involved. It serves as a guide for individuals navigating the legalities of estate management after a loved one's passing. The content is informative and designed to assist users in understanding the complexities of probate law in Colorado.

How to Start an Informal Probate Process in Colorado

By Dan McKenzie • 24 Dec, 2023
Discover the straightforward steps to initiate an informal probate process in Colorado with our concise guide. Learn what information is required for the application, including personal details of the decedent and your connection to the estate. Understand the importance of meeting the time limits for filing and find out how to navigate the process without a court hearing, all explained in simple terms. Ensure a smooth probate journey with our expert insights on Section 15-12-301 of the Colorado Probate Code.

What To Do With the Will of Someone Who Has Passed Away in Colorado

By Dan McKenzie • 21 Dec, 2023
What happens to the Will of someone who has passed away in Colorado? Learn about the custodian’s duty to deliver a will promptly and to the correct probate court, ensuring your loved one’s wishes are honored. Discover the importance of acting swiftly and accurately in the probate process to preserve legacies and avoid legal repercussions.
More Posts
Share by: