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Get Your Questions Answered – Call Me To Schedule Your 30 Minute Phone Consultation (719) 985-8192
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If creditor claims are handled correctly, creditor claims should not extend the probate timeline. Once the notice to creditors is filed, claims are cut off after four months, which is not a long period of time in terms of administering an estate. However, if you do not file the notice, creditors have one year to make their claims, so it’s key for the personal representative to file as quickly as possible.
If you are in a situation where you did not file a notice, you must wait a full year before you can distribute the estate’s assets.
Court backlogs may significantly impact your probate case. We had a petition for a hearing that was filed in May of 2024, and we went to that hearing in late December of 2024, as that was the earliest court date we could get. Because the hearing wasn’t completed in one day, we had to schedule a second day, and this was concluded in February.
That is almost a year from the time of filing a petition for the hearing to the conclusion of the hearing. So yes, court backlog is a genuine issue and does impact parties seeking a probate hearing. This is why I always urge parties to work things out and come to a fair resolution to avoid having to go to probate court.
Attorney Tammy Akers is an experienced, caring estate planning attorney serving Colorado. For 40 years, she’s helped clients just like you avoid probate delays, plan ahead, and make sure their estate plans are secure and up-to-date.
Have questions, or in need of legal help? Reach out to the Law Firm of Tammy W. Akers, LLC for an initial consultation today.
One of the most common errors executors make is not getting on top of legal deadlines and priorities quickly enough. Many personal representatives have never handled an estate before and may find it challenging to fit these new responsibilities into their busy schedules.
But truly, the sooner an executor can begin the probate process, the sooner it will be completed. If you have never served as a personal representative before, an estate planning attorney can offer guidance and help you stay on top of deadlines.
Delays with complaining and sending tax information can also cause problems, as the IRS is quite backlogged. Prepare the last tax return for the decedent and submit it as quickly as possible. Make sure you factor in retirement accounts, the value of any assets that were transferred when the decedent passed away, and any earnings from investments. These will have to be calculated with estate taxes in mind, and the sooner these dollar amounts are tallied and accounted for, the better.
When adult siblings don’t get along, the death of their parents will generally either bring them closer together or push them further apart. When it pushes siblings further apart, disputes can become so emotional that they are nearly impossible to resolve without a court hearing.
One step I sincerely recommend is that, if your parent is nearing the end of life and you have a sibling you don’t get along with, reach out to them before your parent passes away. Check in monthly to see how your parent is doing or what they need. These kinds of conversations can help initiate dialog and give you a basis that brings you and your sibling together instead of splitting you apart.
The first thing I do is help my clients understand that the process is not as simple as what they may see on TV or in movies. This will not be a simple reading of a will and writing checks. Probate will take at least four months (as this is the amount of time creditors have to make claims) and may even take longer.
If you have been left property, you may need to sell that property, and finding a buyer can take time. You should expect probate to take at least four months, and I can help keep you updated as to where we are in the process and what you can expect, given the complexity or size of your loved one’s estate.
The best way to avoid future probate issues is to make thorough and secure estate plans ahead of time. Make sure you work with an attorney who understands the issues involved, and be sure to update your estate plans every two to three years. This ensures that your will reflects your current wishes and family dynamics and takes the latest tax laws into account. An experienced attorney can help you evaluate your intentions, needs, and circumstances and plan or update accordingly.
For more information on probate delays 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.
Attorney Tammy Akers is an experienced, caring estate planning attorney serving Colorado. For 40 years, she’s helped clients just like you avoid probate delays, plan ahead, and make sure their estate plans are secure and up-to-date.
Have questions, or in need of legal help? Reach out to the Law Firm of Tammy W. Akers, LLC for an initial consultation today.
