Probate Lawyer Cost in Colorado

The cost of a probate lawyer in Colorado is going to depend on several factors. One important factor in lawyer cost is the value of the estate that must go through probate. Another key factor would be the role that the lawyer plays in the probate proceeding.

Still another critical factor is whether the lawyer charges the client an hourly rate for every hour of work they put into the case. Or, they may charge a flat rate to handle all aspects of the probate of an estate from start to finish.

LegalMatch.com’s top 10 probate articles are an excellent source of additional information about probate in Colorado and in other states as well. In addition, a Colorado lawyer consultation would help a person understand probate as well as strategies for avoiding it.

Colorado law requires that a will be filed for probate in the district court in which the decedent lived within 10 days of their passing. This is true whether or not probate is required. There is more information below about estates that do not have to go through probate.

In Colorado, the legal fees for lawyers in probate cases is not set by statute as they are in some states. Probate cost by state varies considerably. In Colorado, probate lawyers determine their fees. Some lawyers may charge an hourly fee, which may fall between $250 and $400 per hour.

Or, as noted above, they may charge a flat rate. This would be true mostly in cases in which the probate promises to be relatively simple and straightforward. In such cases, a lawyer knows how much of their time would be required to complete the process.

As is the case whenever an individual hires a lawyer, they want to have a written fee agreement with the lawyer they hire. It should spell out the services that the lawyer is going to provide and how the lawyer will bill the client. If a person hires a probate lawyer after a probate lawyer consultation, they want to be sure to have a written agreement that describes the lawyer’s planned services and billing method.

In addition to a lawyer, the executor of an estate may need to employ appraisers, accountants, real estate agents, and other professionals who would probably charge separately for their work. So the executor wants to consider these costs as well. In addition, in some probate cases, an executor might have to seek legal advice from more than one attorney. For example, they might need guidance regarding contested wills and probate.

It pays to be prepared for probate and related activities when a family member passes away. This should be a part of an individual’s estate planning process. They want to spend time organizing documents and verifying the names in which accounts are listed.

They should also confirm beneficiary designations for accounts that can pass to a beneficiary outside of probate. This can help ensure that they spend less time on various issues and get through probate more quickly and at reduced expense.

What Are Some Factors Used When Calculating Probate Attorney’s Fees in Colorado?

As mentioned above, several factors are used by an attorney when calculating their fees as follows:

• Flat Fee: An attorney may charge a flat fee to probate an estate from start to finish. This is most likely in cases that involve smaller estates for which an attorney could predict the steps that would be needed to complete the probate. This would generally result in a lower probate lawyer cost.
• Hourly Fee: An attorney may charge an hourly fee, billing for each hour of work they put into a case. They are more likely to do this in the case of an estate that is larger and potentially more complicated.
• The Services to be Rendered: An attorney is also more likely to charge an hourly fee if the case does not involve the straightforward probate of an estate, but rather some other dispute in probate. For example, if a person to whom nothing was bequeathed in a will believes they have a claim to a share of the estate, an attorney might charge an hourly fee to represent the estate or the individual who wants to challenge the will.
• The Market in Which the Probate Is Located: Different locations offer different markets with different pricing. For example, lawyers in urban markets generally charge higher fees than lawyers in more rural areas and smaller towns. So the location in which a lawyer works may have an influence on the fees they charge.
• Attorney’s Reputation: An attorney may have an especially strong reputation for excellence in a particular type of law or in a particular market and may be able to charge more because of it.
• Types of Lawyers: Different types of lawyers may offer different services, and the nature of the service they provide in any particular case can affect their fees.

A Colorado lawyer would be able to help a person understand attorney’s fees in that state. Generally, legal fees are likely to be higher if one of the following is true:

• The validity of the will is challenged.
• Disputes arise between beneficiaries.
• There are unexpected claims from creditors.
• The estate involves complex assets such as a business or property located in another state.

These situations require more of a lawyer’s time and may necessitate additional court appearances. Specific legal experience may be needed. All of these things can increase costs.

What Are Typical Attorney Fees for Probate?

Probate attorney fees in Colorado generally range anywhere between $3,500 to $5,000. This amount can be less or more depending on such factors, such as the size of the estate, whether or not there are any other special circumstances, the experience of the attorney, and other things.

The only thing that Colorado Rules of Professional Conduct require is that attorneys charge a reasonable fee. Attorney’s fees may be challenged and would then be subject to court review.

Who Pays for Probate Attorney Fees?

If the personal representative of an estate hires an attorney to probate the estate, the probate attorney fees are paid out of the assets of the estate before they are distributed to the heirs. It is a cost of probate. Personal representatives have the legal authority to hire lawyers and other professionals as needed to help them probate an estate. However, the attorney represents the personal representative but not the estate or the beneficiaries of the estate.

Why Would You Need a Probate Attorney in Colorado?

In some cases, an individual might not need a probate attorney in Colorado because an estate does not have to go through the probate process. Small estates and certain assets in an estate can avoid probate as follows:

• The estate’s value is under $50,000 and contains no real property.
• Most of the assets are in a living trust.
• Certain property is owned in joint tenancy or there is otherwise a beneficiary designation, e.g., for a 401(K) account, that allows the asset to pass outside of probate.

The small estate procedure requires the heirs and beneficiaries to file an affidavit with the court that identifies the assets and contains certain sworn statements. A brief consultation with a probate lawyer would probably be helpful in drafting the necessary affidavit for a small estate.

Of course, if an individual is the family member of a decedent whose estate does not qualify as a small estate, they probably need to have a probate attorney who knows the ins and outs of the probate process and can help them navigate it.

What Are the Advantages of Hiring a Probate Lawyer in Colorado?

A personal representative may not have any experience with probate and may not be at all familiar with the procedures that must be done to complete the process. For example, the executor is responsible for notifying creditors of the fact that the decedent’s estate is in probate and they need to submit claims for payment of the decedent’s debts to the probate court.

This is a standard procedure with which a probate lawyer would be familiar. It is only one of several that comprise the probate process. A personal representative who is not a lawyer would need a lawyer to guide them through these procedures and bring the probate process to a conclusion.

What Services Do Probate Attorneys Perform?

Probate attorneys may perform a variety of legal services. As has been noted, they can represent a personal representative in completing the probate of an estate. But they can also offer specialized legal services in connection with the probate process. They might represent a creditor of the decedent in the event the estate rejects the creditor’s claim for payment.

A probate attorney might represent an individual who has not been named in a will or who may have been expressly excluded and who believes they are entitled by law to an inheritance. Someone may wish to contest a will, and they need a lawyer to make their case and gather the evidence needed to contest a will.

A variety of disputes may arise in the course of probate, and a probate attorney can provide legal services in connection with any of these.

Do I Need To Hire a Probate Attorney in Colorado?

If you have been appointed as the personal representative of an estate in Colorado, you want to talk to a Colorado probate lawyer. Your lawyer will be able to explain the probate process and what they need to do to fulfill all of the legal requirements of probate. In addition, your lawyer can discuss some of the possible conflicts and disputes that can arise during probate.

If you think that issues might arise, e.g., someone chooses to contest the validity of the will, your lawyer can prepare you and inform you of how you can respond effectively. Your probate is going to proceed more smoothly with the legal advice of a knowledgeable probate lawyer. Or if you want to contest the validity of a will, you need the services of a probate lawyer to assert your rights.