Informal Vs. Formal Probate In Colorado: Which Process Fits Your Case?

When a loved one passes away, families are often faced with important legal decisions during an already emotional time. One of the most common questions is whether an estate should go through informal or formal probate.

In this article, we explore informal vs formal probate in Colorado, including which estates qualify, how timelines differ, when to consult an attorney, and the common misconceptions families have about each process.

Which Estates Qualify For Informal Probate Under Colorado Probate Law?

Basically, any estate can qualify for informal probate. The decision is made at the time the probate case is filed. If you have an indication that there is going to be a challenge to the probate, that’s when you’re going to file for a formal probate.

For example, if you know ahead of time that someone is going to challenge the will, you would file for formal probate. If there is a missing will (meaning you have a copy of the will but not the original), you would also file for formal probate. The same is true if you cannot locate one of the heirs in order to give them notice.

On the other hand, if it’s a fairly straightforward probate, everyone is generally in agreement, and you don’t anticipate any challenges to the will or how it was created, then you would file for informal probate.

How Does The Timeline Differ Between Informal Probate And Formal Probate In Colorado?

Formal probate is going to take longer. Some aspects of the case have to be reviewed by the court, and the court will decide how involved it wants to be. That might mean reviewing every decision, or it might mean only reviewing major decisions. The level of involvement is determined by the court at the initial hearing, but either way, it’s going to slow the process down. Formal probate definitely takes more time.

That said, it’s important to understand that a case can start as a formal probate and later move to informal probate. You might file formally because you anticipate a problem, but then the issue doesn’t develop. For example, you may find a missing heir, or the court may admit the will even though the original can’t be filed. If everything else proceeds smoothly, the case can then be handled informally.

Realize that just because a case starts as a formal probate does not mean it has to remain a formal probate case.

Tammy Akers is uniquely qualified to guide Colorado families through the informal vs. formal probate decision because she has spent years helping clients navigate probate during some of life’s most emotional moments. As the founder of the Law Firm of Tammy W. Akers, LLC, she has handled straightforward estates, contested wills, missing heirs, and everything in between. Tammy understands how small filing decisions can dramatically affect cost, timelines, and stress, and she uses that experience to help families choose the smartest path forward.

If you’re facing probate questions, contact Tammy Akers today for clear answers and confident next steps.

When Should Colorado Families Consult A Probate Attorney Before Selecting Informal Or Formal Probate?

When a loved one passes away, and a family is contemplating probate, they should consult with a reputable and knowledgeable probate attorney to decide how to proceed before they file.

Probate is one of those areas that can be difficult to handle on your own at the filing stage. Once the case is filed, the tasks involved in getting through probate are generally not so complicated that someone couldn’t handle them without an attorney. But making sure the case is filed correctly, that the court accepts it, and that everything is set up properly usually requires the assistance of an attorney.

What Emotional Mistakes Do Families Make When Choosing Between Informal And Formal Probate? How Do You Help Them Avoid Those?

One common mistake is assuming that a formal probate is required simply because there is a will. That’s not necessarily always the case. In fact, one of the main reasons people create a will is so the probate process can be handled informally.

This misunderstanding comes up often, especially when someone tries to file the case on their own. Many people end up filing for formal probate when it isn’t necessary, which can create more time, expense, and stress than the situation actually requires.

Still Have Questions? Ready To Get Started?

For more information on informal vs formal probate in Colorado, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (719) 985-8192 today.