Monument Probate Attorneys

If you have an estate plan or have been asked to represent a loved one who has recently passed, then it’s important to consider a legal process known as probate. Probate is an important part of ensuring that a will is executed according to the wishes of the person who created it. It is a court-supervised process that authenticates an existing will, ensures the legality of any transfers, and recognizes an estate administrator (executor/personal representative), or appoints one if necessary. 

If you need to update a will to help your family avoid probate, modify a loved one’s will or trust agreement, or need any type of probate guidance, Mason Law & Planning Group is here for you. Our experienced attorneys can help you prepare your family for probate or administer your loved one’s estate through the legal process. 

Call (719) 292-1888 or message us online to request a consultation with our probate lawyers in Monument, CO.

Client Reviews
  • A wonderful and professional office!

    Anna is very knowledgeable and attentive when it comes to going over documents. You can see that she loves her job and puts her all in to it!

    - Marquez R.
  • We especially like the annual revisiting of our plan

    We were impressed by the knowledge of everybody in the office, and their willingness to help us not only understand our estate plan, but to assist us in making it work the way we need it to.

    - Kelly B.
  • We made a very thorough review of my trust, and all my questions were answered.

    Some slight changes were necessary, and they're preparing them and have already set up a date for another review in a week.

    - Terrell N.

Understanding the Probate Process in Colorado Springs & the Surrounding Areas

You may have heard that it’s important to keep assets out of probate. However, if the main functions of probate are authenticating wills and supervising transfers, then why do people try to avoid it? 

Unfortunately, there are many factors that could significantly complicate the probate process. For one, if a person’s last will and testament or trust arrangements were not recently updated to account for a significant life change, then a deceased person’s surviving family members might struggle with how to accommodate those changes. For example, oftentimes a will or trust might not include recently born children or grandchildren. If the decedent intended to provide for these children, the family or personal representative may need to petition the court to modify the existing arrangements. 

In these situations, the probate court decides whether the proposed changes were actually the intent of the decedent. Because their decisions are legally binding, they retain a lot of power over the actual distribution of assets. The same is true for when a person passes away without a will. When this happens, the probate court will determine (based on the law) who is entitled to the deceased person’s assets and property. This is known as instate succession. They will appoint a personal representative (or executor) in the absence of one, to help them facilitate this process. 

Finally, probate can also be difficult when family members disagree about the execution of an estate plan. In some cases, they may contest the validity of the will altogether, or they may argue over the proper distribution of assets. This can significantly lengthen the probate process and cause stress, tension, and division among family members. 

Avoiding Probate & Estate Administration 

No matter where you’re at in the estate planning or estate administration process, Mason Law & Planning Group is here for you. Our attorneys are dedicated to facilitating your wishes and those of your loved ones. With over 30 years of combined experience, our attorneys have the skills needed to help you ensure smooth asset transfers — even when life takes unexpected turns. 

Contact our office if you have any questions about intestate succession or would like to discuss our probate counseling and estate administration services with our Monument probate lawyers.

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