Probate Litigation


An estate is comprised of all the possessions an individual left behind after passing away. Probate occurs when a lost loved one’s property and assets, both physical and financial, are divided under court supervision. Probate is actually relatively inexpensive and very efficient in the State of Colorado.

Various estate matters can be governed by probate court such as:

• Declare Assets
• Determine Payment
• Distribute Property

Probate proceedings for the deceased’s estate can be an emotional experience and become difficult if survivors dispute the deceased person’s will, or the decisions of the executor or court. Probate litigation can ensue during estate administration for reasons including duress, undue influence, mental incapability, intentional interference, an improperly signed will, or lack of a will.

We Can Help You Dispute Probate

If you are experiencing legal issues surrounding probate proceedings, you need an attorney experienced in probate law. We are experienced probate litigators and can help you prosecute or defend against many situations such as:

• Challenge Will
• Contest Invalid Documents
• Contest Actions by the Fiduciary
• Challenge Guardian or Conservator Appointments

We Can Make Probate Proceedings Simpler for You

Several types of probate administration exist. The decedent’s estate value and location of residence are factors in the type of probate to be litigated.  We can help you with small, informal, or formal estates in Colorado.

Small estates are valued under $50,000 with no real property. We can handle small estate with an affidavit and, often, no court action.

Both formal and informal probates are more complex and must be open in Colorado courts. Uncontested estates are dealt with informally when the will is valid and clear with a qualified appointed representative. Contested estates may require formal probate if the will is invalid, unclear, or faces complex estate administration challenges.

Complexities and Nonstandard Estate Plans Increase Probability of Probate Litigation

We can help you contest the most complex estate and navigate high-risk compounding challenges such as include hostile siblings, multiple-marriages, and dysfunctional families, as well as nonstandard estate plans including omission of a child, unequal treatment of children, or an inappropriately appointed fiduciary.

Let us Build You the Strongest Case

Objection to probate proceedings must begin within a certain amount of time or will be barred under statute of limitations. It is in your best interest to contact us now so we can commence dispute of the probate proceedings immediately and ensure your claim is brought forth within the legal time limit.

Full administration of an estate can be a lengthy process. You may be eligible to receive monetary allowances out of the estate for up to one year during the period of estate administration. Let us help you receive all that you are due.

We know how to best handle your case. Let us help you navigate this overwhelming process during a difficult time. We are experienced in Colorado probate courts and are prepared to handle your unique circumstances and challenging legal complications.

Contact the Drake Law firm, today.

Contact Us Today!

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