Coombe, Curry, Rich, JarvisCoombe, Curry, Rich, Jarvis2026-09-03T05:53:06Zhttps://www.ccrjlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1304168/2022/10/cropped-CCRJ_FAV_new-32x32.pngOn Behalf of Coombe, Curry, Rich, Jarvis<![CDATA[Formal vs. informal probate in Colorado: What’s the difference?]]>https://www.ccrjlaw.com/?p=525272026-08-19T09:17:08Z2026-08-19T09:17:08ZWhen can you use informal probate?
Informal probate may work when you do not expect disputes over the will, heirs or personal representative. The personal representative manages the deceased person’s affairs. You submit an application to a court official called the probate registrar. You usually do not need a court hearing to open the estate.
Because it requires less time and paperwork to open the estate, informal probate can provide a more streamlined start to the process. However, this option does not prevent problems from arising later. Someone with a legal interest in the estate, such as an heir or beneficiary, may still raise concerns that require the court to step in.
When might formal probate be necessary?
Formal probate involves more direct court participation. You file a petition, provide notice to people with a legal interest in the estate and ask a judge to resolve the matters presented.
Formal proceedings may be appropriate when:
Family members disagree about who should serve as personal representative.
The identity of the heirs is unclear.
Another issue requires the court to make a decision.
Formal or informal opening is separate from supervised administration, which refers to the court’s ongoing oversight of the estate’s administration. The circumstances surrounding the estate can therefore affect which process is appropriate.
Preparing for the probate process
Handling a loved one’s estate can involve unfamiliar procedures and responsibilities. Understanding how Colorado probate works can help you approach those duties with clearer expectations. If questions arise about the appropriate filing process, legal guidance can help clarify the requirements and address procedural concerns before they complicate the administration process.]]>On Behalf of Coombe, Curry, Rich, Jarvis<![CDATA[What is the role of a personal representative in Colorado?]]>https://www.ccrjlaw.com/?p=525212026-07-20T14:29:08Z2026-07-24T14:12:01ZStarting the probate process
A personal representative may be named in a will. If there is no will, the court may choose someone for the role. Your first step is to file the required forms with the probate court. You also need legal documents called letters testamentary or letters of administration. These documents allow you to act on behalf of the estate.
You must tell the right people about the probate case. This includes beneficiaries and possible heirs. You may also need to notify creditors. This gives them a chance to make claims against the estate. These early steps help start the probate process and show that you have authority to manage the estate.
Finding and protecting assets
One of your main duties is to find and protect the person’s property. Make a list of all assets, including homes, bank accounts, investments, personal items and business interests. Colorado law requires you to complete an inventory within three months after your appointment. You must file it with the court or provide it to people who have the right to request it.
Protect the property from damage or loss. You may need to keep insurance active, secure valuable items, manage rental property or make repairs. Make sure to keep money from the estate separate from your own finances. It may help to open a separate bank account for estate funds. Careful recordkeeping can help prevent mistakes and protect you from personal liability.
Paying bills and handling taxes
Before giving property to beneficiaries, pay valid debts and estate expenses. Review creditor claims and pay approved claims in the correct order. Estate expenses may include funeral costs, court fees, taxes and other bills. You must also complete required tax filings. These generally include the final tax return for the person who died, and tax returns for the estate.
Giving out property and closing the estate
After paying debts and expenses, distribute the remaining property. Follow the instructions in the will. If there is no will, follow Colorado intestacy laws. Keep records of every payment and distribution. Ask beneficiaries to sign receipts when possible. These records can help answer questions about your actions.
Before ending your role, prepare a final accounting. This document shows money received, expenses paid and property distributed.In formal probate, the court may need to approve the final accounting. In informal probate, you may close the estate by filing a closing statement after completing the required steps.
What to remember about your role
A personal representative must stay organized and keep accurate records. You should collect important documents, track deadlines and document every action you take. Careful management can help you handle probate duties and respect the wishes of the person who passed away.
]]>On Behalf of Coombe, Curry, Rich, Jarvis<![CDATA[3 reasons to consider mediation for a Colorado divorce]]>https://www.ccrjlaw.com/?p=524842026-05-07T00:31:09Z2026-05-13T00:29:05Z1. Shorter timelines and reduced costs
Litigated divorces often take well over a year to finalize. The more complex the disputes between the spouses are and the more cases waiting for a hearing in family court, the longer it may take spouses to have their day in court.
The more time they spend in court, the more they typically pay for divorce. If mediation is successful, spouses can drastically shorten the timeline for divorce, as they qualify for an uncontested divorce based on the terms they set. Less time in court also typically translates to reduced overall divorce expenses.
2. More privacy for the spouses
Divorce often requires that couples discuss very private emotional and financial matters in a public setting. From substance abuse and infidelity to gaming addictions and inappropriate spending habits, there are many private details that spouses may need to discuss to reach fair terms for financial and parenting matters.
Mediation provides an opportunity to discuss all necessary topics in a confidential environment. Spouses can factor in concerns and misconduct that they do not want to make part of the public record when settling their divorce disagreements in mediation.
3. Better control over the outcome
When spouses litigate financial or parenting matters, a judge makes all of the major decisions. They look at the documentation submitted by both spouses and then apply state law according to their analysis of the situation.
Couples who successfully mediate have control over the final terms set. For those who feel strongly about securing specific property division or parenting terms, mediation may be a better tool than litigation for achieving their unique goals.
Evaluating outstanding disputes surrounding a divorce with a skilled legal team can help spouses determine if mediation might be a worthwhile option for their circumstances. Successful divorce mediation can empower spouses while protecting their privacy, speeding up the divorce timeline and possibly even reducing their total costs.]]>On Behalf of Coombe, Curry, Rich, Jarvis<![CDATA[3 critical estate planning updates to make after remarrying]]>https://www.ccrjlaw.com/?p=524882026-05-12T16:56:01Z2026-05-12T16:56:01Z1. Modifying testamentary instruments
Whether the allocation of property after a person dies relies on a trust or a will, they very likely need to update those documents to better reflect their current family circumstances. Removing deceased beneficiaries and people no longer in close relationships with the testator is generally necessary.
The scope of an individual's holdings may have changed due to the end of a prior marriage, an inheritance or remarriage. They may have different assets to address. Even who they nominate as a personal representative or trustee may change due to a shift in their family dynamics.
2. Updating beneficiary designations
Life insurance policies and financial accounts can pass directly to designated beneficiaries without passing through probate court in most cases. While state statutes do allow for the automatic termination of a beneficiary designation for a former spouse, insurance companies may not be aware of an individual's change in marital status.
As such, making the effort to update life insurance beneficiary designations promptly after remarrying is of the utmost importance. Any transfer-on-death beneficiary designations naming an ex-spouse as a beneficiary may also require correction to ensure that appropriate beneficiaries assume control over those financial resources.
3. Correcting advance directives
Powers of attorney, living wills and health care surrogate designations outline who should control an individual's finances and medical decisions when they cannot act on their own behalf. Updating these documents to ensure that a former spouse does not have that authority may be of the utmost importance.
Working with an experienced estate planning attorney can help people ensure that appropriate protections are in place for their spouses and their property in the event of an emergency or their passing. Remarriage is one of several major life events that may necessitate a significant adjustment of existing estate planning paperwork.]]>On Behalf of Coombe, Curry, Rich, Jarvis<![CDATA[The importance of regular estate planning reviews and updates]]>https://www.ccrjlaw.com/?p=524832026-05-07T00:26:00Z2026-05-07T00:26:00ZThe risks of outdated documents
Technically, most estate planning documents do not expire due to age. However, as they become increasingly outdated, they are vulnerable to legal challenges after the testator who drafted the documents becomes incapacitated or dies.
If family members can point to the terms included and the date of the document’s creation and make a clear argument that the inclusions in the paperwork do not reflect the true preferences of the testator, the courts may agree to set aside documents intended to prevent litigation and conflict. The older the document is, the greater the risk of it including outdated terms.
The inclusion of deceased or estranged beneficiaries, guardians and personal representatives can raise questions about the validity of the paperwork. Instructions for assets liquidated decades ago or the omission of more recent, valuable assets can also undermine the effectiveness of an estate plan.
When are updates necessary?
It is generally advisable for those thinking about emergency protection or their legacy to review their estate plans every few years. Evaluating existing documents with an estate planning attorney can help people identify when changes in the law may make adjustments to their paperwork necessary.
Any significant changes in circumstances may warrant an immediate revision of existing paperwork. Marriage and divorce often drastically alter estate planning needs. The birth or death of beneficiaries, as well as the acquisition of new assets or the liquidation of major resources, can also make reviews and updates necessary.
Sitting down with an estate planning attorney to assess existing documents every few years can help people maximize their legal protection. Outdated estate planning documents can become a source of conflict and may diminish what beneficiaries inherit by generating probate costs. Making the effort to keep documents accurate and updated can limit estate administration expenses and opportunities for conflict among beneficiaries and other loved ones.]]>On Behalf of Coombe, Curry, Rich, Jarvis<![CDATA[What is mediation in divorce proceedings?]]>https://www.ccrjlaw.com/?p=524652026-04-17T11:24:08Z2026-04-17T11:24:07ZPeople often associate divorce with intense court battles that bring out the worst in both parties, but that’s not necessarily what will happen. Many divorces now use mediation to come up with the terms of the split, so the legal end of the marriage can occur without a lot of contention.
Divorce mediation is a structured process that utilizes a third-party mediator to help the divorcing parties come up with an agreement for the necessary aspects of the divorce. It’s used for property division, parenting plans and support.
What is the process like?
The mediator in the mediation doesn’t make decisions about the case. Instead, they guide both parties toward a resolution of the matters that must be decided. If both parties can get along, they can speak directly to each other. If they can’t get along, the mediator can act as a go-between to facilitate the discussion’s progress. This process is flexible, which allows both parties to have a say in the outcome of the divorce mediation. This is the opposite of going to court because the judge makes the decisions in court. Working through the divorce using mediation is often beneficial because it gives both individuals a chance to end the relationship in a more agreeable manner. This is particularly helpful in child custody cases since it can set the stage for the parenting relationship. Going into mediation prepared means considering what has to be decided before going into the first session. This process requires compromise, so it’s unlikely that either party will receive everything they want. One important thing to remember is that each part of the divorce is distinctly separated, so parenting plan decisions can’t be dependent on property division or vice versa. Knowing all the options and understanding how they will affect the future are critical. Because divorces can be complex, it’s often best to have someone who can help to go through possible scenarios. This may make it easier to make the best decisions based on all the effects each one has. ]]>On Behalf of Coombe, Curry, Rich, Jarvis<![CDATA[Tips to work through probate in Colorado]]>https://www.ccrjlaw.com/?p=523892026-02-11T19:38:34Z2026-02-12T19:37:47Z in Colorado can feel like a court-controlled maze at the worst possible time. You want to focus on healing after the loss of a loved one but instead have to work your way through court protocol and deadlines. The process is important as it determines who has legal authority, what creditors get paid, what taxes may apply and how property from the estate transfers to the next generation. A failure to follow the proper procedure can delay distribution, increase costs and, in serious cases, could even trigger personal liability.
Those who are working through the process can benefit from basic understanding of how it works, how long it generally takes, and how to better ensure it moves forward smoothly.
How the Colorado probate process begins
Probate typically starts when an interested person files documents in the district court for the county where the individual who passed lived. If there is a will, you file the original will with the court. The petitioner usually requests appointment of a personal representative who takes care of fiduciary duties like safeguarding assets, keeping records and complying with statutory notice requirements. The court issues “letters” authorizing action on behalf of the estate.The probate process generally involves the following steps:
Notice sent to heirs, devisees, interested persons and creditors
Identify, secure and value estate assets
Pay the estate’s valid debts, expenses and taxes
Distribute remaining assets under the will if present, if not distribution moves forward under intestacy law
Completing these steps in order reduces the risk of disputes. If there is not a will, the process moves forward in a similar manner except the distribution of the assets is based on state law, known as intestacy.
A general timeline for a typical Colorado estate
Many uncomplicated estates close in about a year. The pacing depends on the complexity of the assets, whether there are issues with creditors and family dynamics. A practical, high-level timeline often looks like this:
Weeks 1 to 6: file petition, obtain letters, marshal assets, open estate account
Months 6 to 12: final accounting, distributions, closing statement or court closing
This timeline moves quickly when assets are simple but takes longer when there are issues.
What could go wrong and how to mitigate risk
Problems commonly arise due to missing original wills, unclear beneficiary designations, contested capacity, undue influence allegations, creditor disputes and poor recordkeeping. Any of these can force formal probate, increase attorney fees and delay distributions. You can reduce the risk of these delays by having a copy of the original will or knowing where to access it, providing timely notice, meeting all deadlines and seeking legal counsel when complications arise.Colorado probate is manageable when initiated correctly and administered with transparency. The strongest strategy is early organization, consistent documentation and disciplined communication. It is wise to take the steps discussed above to help protect the estate, reduce delay, limit fiduciary exposure and support timely distribution.]]>On Behalf of Coombe, Curry, Rich, Jarvis<![CDATA[What is an advance directive?]]>https://www.ccrjlaw.com/?p=523882026-02-11T18:54:11Z2026-02-11T18:54:11Z sudden illness can shift decision-making to strangers, relatives, or the court. Even relatives with the best of intentions may not truly know what you want when it comes to decisions regarding health care. Thankfully, there are tools that can help you to better ensure your wishes are followed even when you cannot communicate them directly yourself. In Colorado, the primary tools to help guide health care decisions in the event of incapacitation are advance directives.
What advance directives do in Colorado estate planning
Advance directives are different from wills and trusts. While wills and trusts help to guide the distribution of assets at one’s death, advance directives provide guidance during one’s lifetime. A strong estate plan uses both types of tools to prevent gaps.In Colorado, advance directives help establish who may act for you plus how medical providers should treat your instructions. Without them, families often face emergency guardianship or conservatorship filings, resulting in delay, additional expenses and court oversight.
Core Colorado documents to consider
The following documents form the practical backbone for health care matters of most Colorado plans. Each document serves a distinct legal role, so coordination matters.
Medical power of attorney: appoints an agent to make health care decisions when capacity becomes impaired
Living will (declaration as to medical or surgical treatment): states treatment preferences in terminal conditions or persistent vegetative state situations
CPR directive (Colorado CPR directive): provides instructions regarding resuscitation, typically used in medical settings
Hospitals recognize these documents and should honor them. Together, these documents provide clarity to our loved ones and care team during incapacity.Colorado law imposes specific signing requirements that vary by document. Improper execution can result in rejection by institutions. Mistakes that result in refusal to honor the document often include missing signatures and conflicting instructions. Another issue is a failure to have the paperwork available during hospital admission or treatment. Advance directives function as the legal bridge between healthy planning and real-world crises. In Colorado, they protect autonomy and limit court intervention while also giving your loved ones the peace of mind that comes with knowing you are receiving the care you would want. It is wise to review these documents every two to three years, after major life events, after diagnosis changes and after relocations to better ensure they still reflect your wishes. ]]>On Behalf of Coombe, Curry, Rich, Jarvis<![CDATA[Is it possible to prevent guardianship or conservatorship?]]>https://www.ccrjlaw.com/?p=523762026-01-02T14:22:58Z2026-01-05T14:21:48ZThe right documents can prevent guardianship
Powers of attorney designate the same types of authority that the courts award to outside parties in guardianship and conservatorship cases. However, standard powers of attorney lose their legal authority when the principal who drafted the documents becomes permanently incapacitated.
In other words, a person who drafted basic powers of attorney could still be at risk of guardianship if their health declines permanently. Thankfully, there is a document that people can draft before they lose their capacity that retains its legal authority until they die or recover.
Durable powers of attorney continue to authorize a trusted agent or attorney-in-fact even if a person remains incapacitated for the rest of their work. Durable powers of attorney give adults the ability to effectively select their own guardians.
The agent they nominate in their paperwork holds the same authority that a guardian or conservator might. Instead of being vulnerable to the whims of whoever takes legal action, the principal who created the durable powers of attorney can protect themselves even if they develop dementia or other major medical challenges later in life.
Updating an estate plan to include more documents, including durable powers of attorney, can be beneficial for those in a variety of circumstances. Individuals concerned about their health or the challenges of advanced age may want to consult with a legal professional to ensure they have all the appropriate paperwork in place for every possible situation.]]>On Behalf of Coombe, Curry, Rich, Jarvis<![CDATA[When do children get to choose where they’ll live post-divorce?]]>https://www.ccrjlaw.com/?p=523752026-01-02T14:13:11Z2026-01-02T14:13:11ZA child's preferences can influence a judge
Family law judges hearing litigated cases about the allocation of parental rights and responsibilities have to follow state law. The current statutes in Colorado require a focus on the children's best interests. Judges attempting to determine what is in a child's best interest have to look at the child's needs and the capabilities of the parents.
Various details about family dynamics may influence what a judge decides is appropriate. In some cases, the preferences expressed by the children themselves can influence the judge’s final determination. Some states have a set age at which children can express their wishes during custody proceedings. Colorado's approach is less straightforward.
The child's age and maturity, as well as the reasoning they give for their preferences, all influence a judge's determination. When children are especially young, a judge may not ask them to speak at all. Children in middle school and teenagers may have an opportunity to express their preferences.
That being said, they do not set the terms. They must comply with the allocation of parenting time established by the courts. Even if they wish to live with one parent and the judge assigns primary custodial responsibility to the other parent, the child must abide by that ruling.
Frequently, the best outcome requires shielding children from the conflict regarding the division of parenting time, as doing so helps minimize their distress. Those anticipating conflict regarding their parenting arrangements may need to discuss their concerns with a family law attorney. Achieving a reasonable allocation of parental rights and responsibilities is possible if people understand their rights and develop an appropriate strategy for family court.]]>