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Get Your Questions Answered – Call Me To Schedule Your 30 Minute Phone Consultation (719) 985-8192
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Formal probate is usually chosen if you know that there are going to be major disputes up front. For example, if you believe that a will is going to be contested, that a disinherited party is going to argue that they were meant to be included in a will, or other serious matters that will require the court’s involvement from the beginning.
The formal probate process helps protect the estate’s personal representative by ensuring their actions are reviewed by the court as probate unfolds. In rare cases, a formal probate hearing may see the courts both reviewing and approving every decision the personal representative makes, thereby relieving that person of any liability for wrongdoing. Formal probate costs quite a bit more money and is typically used only when there are concerns that a will is going to be contested.
It is also possible for a probate case to begin formally but close informally if things seem to be smoothing out. Just because you have started a formal probate hearing doesn’t mean it must persist that way until the end. At any point along the way, a formal probate can be switched to an informal one.
The only person required to attend a formal probate hearing in Colorado is the personal representative. Any person who is an heir, beneficiary, or potential heir (such as a disinherited child) has the right to attend, as well. They are not legally required to attend but will be given notice and have the option of attending so their views can be known.
Attorney Tammy Akers is a knowledgeable, experienced estate planning attorney serving Colorado. For 40 years, she’s helped clients just like you understand and navigate formal probate hearings, ensuring their concerns are heard and that their testimony is focused.
Have questions, or in need of legal guidance? Reach out to the Law Firm of Tammy W. Akers, LLC for an initial consultation today.
To prepare for a probate court appearance, you should first determine what you want to achieve out of the hearing. You should also talk with a trusted legal advisor to determine if what you hope to achieve is something the courts can grant.
For example, many people approach probate feeling hurt about something that has happened in the past. They may be expecting the probate court to force a person to apologize for a certain action, such as not taking an aging part to a hospital sooner. But that is not the role of the probate court. They are there to help with the rightful and lawful distribution of assets, not to help settle personal family matters.
Next, you must make sure that your evidence has been gathered, allowing you to present these documents as exhibits to the court. You may also bring in witnesses to support your position, as these are formal hearings. During a formal probate hearing, evidence will be considered, and people will be put on the stand and questioned by the opposing side.
In light of this, it’s important to prepare as you would for any other court hearing. Be ready with your evidence and be ready to answer questions about your legal concerns regarding your family member’s will.
This depends on why the hearing is being called. If the hearing has been called to ask the court to appoint a different personal representative, the hearing will typically start off with the hearing being called to order and the personal representative taking the stand. The personal representative named in the decedent’s will will explain to the court why they think they should be appointed the personal representative and discuss their abilities to carry out those duties.
Heirs could then ask them questions on the stand. After their testimony is done, others who would like to be named the personal representative can take the stand to present their case. As with the named personal representative, they would be subject to cross-examination.
After everyone has testified and any evidence has been admitted, the court will make the decision as to who will be appointed as the personal representative of the estate.
In another type of formal hearing, heirs may be seeking to challenge the decision of a personal representative. For example, the representative may have decided that, in the best interest of the estate, your parents’ ranch should be sold. He files a petition with the court for permission to sell the ranch, but you believe that the ranch should be distributed in kind to heirs.
You would then file a petition for a hearing on the matter; during that hearing, the personal representative would be questioned on the stand as to why they feel a sale is best, you would testify as to why you object to the sale, and the court would make the final decision about what will be done with the ranch.
Attorney Tammy Akers is a knowledgeable, experienced estate planning attorney serving Colorado. For 40 years, she’s helped clients just like you understand and navigate formal probate hearings, ensuring their concerns are heard and that their testimony is focused.
Have questions, or in need of legal guidance? Reach out to the Law Firm of Tammy W. Akers, LLC for an initial consultation today.
After a final decision is made by the court, the personal representative will gather up assets and send a notice to creditors to see if there are any creditors who have to be paid from the decedent’s estate. The creditors have four months from the notice being sent out to file their claims. The personal representative will examine those claims and may either grant or deny them.
If the personal representative denies a claim, the creditor must file for a hearing to determine if the claim should be granted. Next, assets will be distributed based on the parameters of the will. If there are objections to the proposed distribution of assets, beneficiaries may contest this, as well. Once creditors are paid and assets are distributed, the estate is officially closed.
The best advice that I can give you as an attorney is to remember the role of the personal representative. Remember, the role of the personal representative is to execute the wishes of the person who has passed away; if you feel they are failing to do that, these concerns are where you must focus your testimony.
If you are the personal representative, you must remember that your role is to carry out the will of the decedent, not to act based on your personal feelings. For example, if the decedent chose to give their brother a plot of land and you would have liked to receive that land for yourself, your wishes have no bearing on that action. You must advocate for the wishes of the decedent and can not allow your personal emotions or opinions to get in the way.
For more information on formal probate hearings 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 a knowledgeable, experienced estate planning attorney serving Colorado. For 40 years, she’s helped clients just like you understand and navigate formal probate hearings, ensuring their concerns are heard and that their testimony is focused.
Have questions, or in need of legal guidance? Reach out to the Law Firm of Tammy W. Akers, LLC for an initial consultation today.
