FAQ:

What is probate?

While you are alive and well, you have authority to control your property and financial affairs. When you pass away, someone else needs to be given authority to control, manage and distribute your property. Probate is the legal process where authority over your property is passed to someone else under court supervision and control. The person who is given control is called the executor or personal representative. Usually the executor is named in your will. After the court determines that your will is valid, the personal representative is responsible for taking control of your assets, managing the assets during probate, notifying and paying any creditors, filing income and estate tax returns, and distributing your property as directed by the will or ordered by the court. In Colorado, even in a simple and straightforward case, the probate process usually lasts about a year. If you own real estate in more than one state, your loved ones will have to go through a probate process in a different court in each state where you own real estate.

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