Northglenn, CO estate planning & probate attorney Jeff Althaus talks how a lawyer can assist in the probate process. He indicates that probate is simply the court process that takes place after someone passes away. His role is to ensure all steps are followed correctly, beginning with securing the court’s appointment of a personal representative. Many do not realize that this appointment can take weeks—or even months—if the paperwork is incomplete or filed incorrectly.

He notes that, in Colorado, probate must remain open for at least six months, which is one of the reasons having a plan that avoids probate can save both time and money. For those navigating probate, his work involves helping the personal representative transfer assets held in the decedent’s estate—such as houses, land, mineral rights, bank accounts, and retirement accounts—while also addressing creditor issues.

According to him, creditors are often the most challenging part of probate. They may contact family members and demand payment, sometimes exaggerating claims or even misrepresenting obligations. In reality, heirs are not personally responsible for the decedent’s debts unless they were joint account holders or otherwise legally tied to the debt. Once an attorney is involved, creditors are legally required to stop direct communication with family members.

He emphasizes that this representation can save significant amounts of money. In fact, his firm’s recent research revealed that they saved clients over a million dollars in creditor claims in just the past two years. Creditors in Colorado have four months to file claims, and during that period, he and his team work to negotiate or dismiss many of them, ensuring the estate—not the family—is responsible.

Beyond handling creditors, he also ensures distribution checks are issued correctly, taxes are addressed, and the estate is formally closed with the court. Ultimately, his goal is to remove the legal burden from the personal representative and family members, allowing them to focus on healing rather than navigating complex legal obligations.