A probate action is generally filed to administer the estate of an individual who has just passed away, or to appoint a guardian or conservator for an incapacitated person. In some instances, a probate action will need to be filed to transfer the title to property upon a person’s death or settle the claims that any creditors may have against the decedent. Unlike many States, Colorado has a simplified probate system that minimizes the need to incur attorney’s fees, so probate is not something to be avoided at all costs. You will need to discuss with an attorney whether a probate action needs to be filed and, if so, what type of action should be filed and what orders should be sought from the Court.
If an individual is no longer capable of caring for themselves financially or personally, the Court may have to appoint a conservator or guardian for them. In many instances, this can be done with minimal or no court involvement. You will need to contact an attorney to discuss your particular situation.
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