Probate & Trust Administration FAQs

Probate is the legal process of verifying a will, conducting the final accounting, and distributing the assets of the estate pursuant to the will or laws of Colorado. The court will determine if there is a will and whether or not it is valid. If there is no will, the court will appoint someone to manage the estate.

Depending on the complexity of the estate and the detailed records that the decedent left, probate can either be a relatively simple task or a daunting one. Be aware that no matter the situation, probate may be a lengthy process often taking months or possibly years to play out, and one which may take a considerable amount of time.

To summarize the process, probate can be broken into six basic steps:

1. Validation of the Will
2. Appoint personal representative (executor)
3. Inventory estate
4. Pay claims against the estate
5. Pay taxes
6. Distribute remaining assets

Each of these steps involve legal documentation and validation, and more importantly, proper accounting each step of the way.

Probate begins and ends with the Probate Court or district court in each county to handle estate issues. All actions taken regarding the estate are accountable to the court, and must be noted and reported regularly.

To summarize the process, trust administration can be broken into four basic steps:

1. Inventory major assets
2. Pay the bills
3. File the appropriate tax returns
4. Distributions to beneficiaries

Trust administration requires that the bills and taxes are paid before distribution, therefore the timeline depends on the complexity of the estate.

While having a living trust can significantly reduce costs compared to probate, there may still be work to be done in properly administering even a simple living trust. It is important to remember that the fees allowed for trust administration are usually much lower than those for probate, and there is generally less work involved.

If you are a relative of the deceased, this is simple in most states. To transfer the title of vehicles owned by the deceased, simply take the death certificate to the DMV, and perform the transfer, paying whatever fees they require. If not a relative, bringing along the will and or any trust documents indicating your status should be sufficient.

The funeral home will notify the Social Security Administration and the Social Security Administration will accordingly. You should be aware that the Social Security Administration will automatically withdraw money from the decedent's bank account if benefits were overpaid.