As in any legal matter, you are never required to hire an attorney. However, hiring an attorney can help you avoid mistakes and pitfalls that could be costly to the Estate, cause dissension in the family, or even, in some cases, result in a personal representative being held personally liable for a mistake and being required to repay estate assets from their funds.
The more complex and/or contentious an estate is, the more you may benefit from having an attorney. For example, suppose you have a straightforward estate with a few assets, no creditors, and heirs who all get along and communicate well. In that case, your chances of a successful administration may be higher.
If, on the other hand, you have a complicated case with a contested will, argumentative family members or heirs, demands for early distributions, substantial amounts of creditor claims, or other complicating factors, an attorney’s assistance can be valuable to help you make sure that the law is followed correctly and that any disputes are handled appropriately.
Suppose an issue arises that requires a court hearing. In that case, you may also benefit from an attorney’s help navigating the Rules of Civil Procedure by which court appearances are governed. Sometimes, an attorney can save the Estate (and the heirs) thousands of dollars by successfully defending or negotiating creditors’ claims.
Consulting with a knowledgeable probate attorney at the onset is wise. If the case is a simple one, any attorney fees (which are paid by the Estate) should be minor and well worth the benefits. Whenever you have concerns about Colorado Probate, it would benefit you to consult with a Denver Probate Lawyer. To speak with one, call our firm today.