Denver Probate Litigation Attorney

Helping Families in Jefferson, Douglas, Arapahoe, & Adams Counties, CO

The death of a loved one can be incredibly difficult, and the last thing most people want to do is deal with the probate process. If the decedent has created a will and/or trusts prior to death, the whole process can be much easier, especially for whoever is named as the personal representative of the estate.

In our experience working with families throughout the Denver metro area, we understand that the probate process is not just stressful, but can also be confusing without legal guidance. Each county—whether it's Jefferson, Douglas, Arapahoe, or Adams—may have different local court procedures and unique forms to follow, making it important to work with an experienced probate litigation attorney in Denver. Probate disputes often involve valuable assets, family businesses, and real estate. Colorado law requires careful adherence to statutory timelines and notice requirements, and missing these deadlines can have lasting consequences for both the estate and its beneficiaries. This is why we take a proactive approach to help families avoid unnecessary complications, through clear communication with the probate court or the early resolution of potential conflicts.

While trusts are not generally subject to the probate process (unless they are included in a will), the remainder of a person’s estate must go through probate, and even with proper planning, difficulties can arise. This is especially true in cases involving insufficient planning or when no end-of-life plans are in place.

In such cases, probate litigation may be required to decipher the decedent’s intent, especially if disputes arise among claimants, or decisions must be made when no directives exist. If you are facing a probate dispute or litigation, your best option is to enlist the services of an experienced probate litigation attorney in Denver, like the qualified professionals at Curtis Law Firm.

To speak with our experienced Denver probate litigation lawyers, call us at (720) 408-7726 or contact us online today. 

What Does Probate Litigation Cover?

Generally, probate litigation pertains to issues that arise following the death of a loved one, including disputes over the will (such as contestation) or challenges to the fiduciary charged with executing the will. However, probate litigation may also include issues such as conservatorship and guardianship if a loved one becomes incapacitated and incapable of making decisions on their own behalf, especially if they do not have sufficient Powers of Attorney in place.

If you are facing probate litigation in Denver, it's important to understand that the process can quickly become complex, particularly if there are several heirs, disputed assets, or unclear documentation relating to the decedent's wishes. The Denver Probate Court follows specific procedures under the Colorado Uniform Probate Code, which governs these legal disputes, so having a clear understanding of expectations and requirements is critical. In addition to will contests and fiduciary challenges, probate litigation frequently includes interpreting the language of trusts, determining the appropriate distribution of property, or contesting creditor claims against an estate. As your probate litigation attorney in Denver, we guide you through every step—from negotiations to representing your interests in front of a judge—to ensure your rights and your loved one’s wishes are protected.

Guardianship/Conservatorship

In the case that a loved one becomes incapacitated with no named guardian or conservator, the court will have to appoint one. If you’re worried that the wrong person will be selected, your best option is having a knowledgeable probate litigation lawyer in Denver advocate for a suitable candidate to be appointed by the court.

The appointment of a guardian or conservator in Denver is determined by the probate court based on the best interests of the individual who can no longer make their own decisions. Families often wonder about the criteria courts use for these roles. Factors such as existing family relationships, the ability to provide appropriate care, and even where the applicant resides—such as in Jefferson or Adams County—can all influence the court’s decision. We frequently work with families navigating situations where multiple individuals wish to be appointed guardian or conservator. This requires gathering the right documentation and understanding the court’s priorities to strengthen your application. Through strong advocacy and thorough preparation, we help the court have the details needed to appoint someone who truly aligns with your family’s needs.

Contestation

A qualified probate litigation attorney in Denver can help a personal representative deal with issues like contested wills or claims of invalidity due to undue influence, incapacity, duress, or fraud. Alternately, an estate litigation attorney in Denver can help you to prove such circumstances if you suspect a will is not valid.

Contesting a will in Denver or surrounding counties is a formal legal process that requires a factual and legal basis under Colorado law. Disputes may arise when there are questions about the decedent’s mental capacity at the time the will was executed, or whether another individual exerted undue influence. Contesting a will involves gathering evidence, such as medical records and witness testimony, and presenting arguments to the probate court. Strict deadlines apply to all challenges within Colorado’s legal framework, which is why connecting with a probate litigation lawyer in Denver as soon as concerns arise is vital. We are committed to thoroughly evaluating every unique circumstance, guiding you on state-specific laws, and helping you make informed decisions about contested wills and other complex estate matters.

Understanding Probate Litigation in Denver & Surrounding Areas

In the heart of Denver and neighboring counties—Jefferson, Douglas, Arapahoe, and Adams—families often face the emotional and legal complexities of probate litigation during an already challenging time. Local resources, such as the City and County of Denver and the Jefferson County Government, provide essential information on the probate process. However, many residents still find themselves overwhelmed by the intricacies involved.

Denver's probate litigation process is shaped by both state statutes and the specific practices of the Denver Probate Court, which handles a large volume of contested estate matters across the metro area. Unlike uncontested probate, litigation frequently involves official court appearances, mediation attempts, and the exchange of complex legal documents. Each county surrounding Denver may also have unique local filing requirements—which can impact your case. Our team has deep experience representing clients across these jurisdictions, from urban Denver to rural estates in Douglas or Arapahoe County. Whether your matter involves will authenticity, asset valuation, or objections to executor appointments, working with a probate litigation attorney in Denver familiar with these distinct local procedures can make all the difference in achieving a timely, fair result.

Common Denver Probate Challenges

Common pain points for families in our area include the potential for disputes among heirs, especially when a loved one has not left clear directives. The absence of a will or trust can lead to lengthy, costly estate litigation, which is a significant concern for many throughout Denver. In addition, the emotional toll of these disputes can strain family relationships, making it crucial to address challenges promptly and with care.

Understanding the local laws and regulations surrounding probate in Denver and its neighboring counties is essential. For example, the Arapahoe County Government offers resources that can help clarify the process. However, working with a knowledgeable estate litigation attorney in Denver is often the most reliable way to navigate complex estate matters, ensure a loved one’s wishes are honored, and protect your family’s interests during a difficult time.

The Probate Litigation Process in Denver Courts

Understanding the steps involved in probate litigation is crucial for families in Denver facing this legal process. Typically, the process begins when an interested party initiates a formal challenge to a will or estate administration—usually in Denver Probate Court or the court of the relevant county. Once a petition is filed, involved parties receive formal notification and initial hearings are scheduled. These hearings allow the court to review the validity of claims, examine presented evidence, and create a framework for moving forward. Colorado statutes require strict adherence to deadlines for objections, document disclosures, and evidentiary submissions.

A typical probate litigation case in Denver includes multiple phases like discovery, where involved parties exchange legal documents and information, as well as settlement conferences or mediation before any trial. Litigation can become complex quickly, especially if there are multiple stakeholders or high-value assets. At Curtis Law Firm, our probate litigation attorneys in Denver are knowledgeable in local court trends and procedures. We prepare the necessary legal filings, represent clients at every hearing, and offer proactive advice on strategy while following the Colorado Uniform Probate Code and all relevant regulations.

The Role of an Estate Litigation Attorney in Denver

When you’re facing contested estate matters, an experienced estate litigation attorney in Denver can make a significant difference in both the outcome and experience of your case. Our attorneys serve as legal guides, advisors, and advocates—preparing legal documents, advocating in negotiations, and presenting your interests at hearings and trials. In Denver, this means understanding the nuanced procedures in local probate courts and ensuring compliance with Colorado and municipal requirements at every step.

At Curtis Law Firm, we leverage our years of experience serving clients throughout Denver, Jefferson, Douglas, Arapahoe, and Adams counties. We are dedicated to a personalized approach, offering detailed case reviews and transparent communication. Whether representing beneficiaries, defending fiduciaries, or helping families navigate will contests, our team prioritizes effective and efficient solutions. Our familiarity with the Denver probate court system and our bilingual legal services in English and Spanish allow us to serve our diverse community with care, clarity, and professionalism.