Guiding You Through Colorado Probate

Managing a loved one’s affairs following their death is never easy. Not only are you dealing with the loss, but you may also need to navigate the probate or trust administrative process, which can certainly feel overwhelming.

Probate is a process under which a court appoints an individual, known as a personal representative, to administer and distribute the estate. It only applies to assets titled solely in the name of the deceased. If the property is held in joint tenancy or has a beneficiary designation such as an IRA or life insurance policy, then that property will pass outside of probate, regardless of the terms of a will or trust. There is also a simplified process for probate estates under $80,000.

If the deceased has a will, the personal representative distributes the property in accordance with its terms. If there is no will, distributions are made in accordance with the Colorado Probate Code. In either case, a personal representative needs to be appointed by the court. Duties of the personal representative include:

• Gathering estate assets
• Preparing an inventory
• Liquidating or retitling estate assets
• Notifying and paying creditors
• Preparing final tax returns
• Distributing assets to beneficiaries
• Filing accountings
• Closing the estate

The entire process involves the preparation and filing of several documents with the court.

Although the use of a trust may avoid probate, many issues still need to be addressed in administering and distributing trust assets following the death of the deceased grantor.

What Is Medicaid Estate Recovery?

Medicaid Estate Recovery is a process through which states seek reimbursement for long-term care services provided to Medicaid recipients after their death. The acceptance of Medicaid assistance creates a debt that is enforceable after the death of the client. This recovery applies to those Medicaid clients who were age 55 or older at the time the services were received or who were institutionalized.

Colorado’s estate recovery program is administered by a third party, not the state’s Medicaid program itself. The Colorado Department of Health Care Policy & Financing (HCPF) contracts with Health Care Management Systems, Inc. (HMS) to administer the Colorado Estate Recovery Program. Estate recovery is accomplished in two ways: either a lien is placed on the client’s property or a claim is filed against the client’s estate when the client passes.

Colorado limits Medicaid estate claims to property in a “probate” estate. In Colorado, “estate” is legally defined as the property of the deceased whose affairs are subject to the Probate Code. Certain properties may be exempt from the program. A home may be exempt from the estate recovery program if a spouse, sibling, or, in some instances, a child is living in the home.

Guiding Families Through The Probate Process

We have years of experience guiding families through administering and distributing their loved ones’ estates. Let us relieve you from some of the worry and stress associated with probating the estate. Fees for services on uncontested cases are typically charged on a fixed flat-fee basis. For more information regarding probate, we invite you to contact us at one of our offices to schedule an initial appointment. Call 303-500-5859 in Englewood or 303-720-7260 in Boulder County. Alternatively, you can reach out to us online. All communications are held in complete confidence.