Probate: help after a loved one dies
We’re sorry for your loss. Most legal steps can wait a few weeks, and we’ll help you see what comes first.
When someone you love dies, probate is the court process that may be needed to settle their estate. Not every estate needs it. Colorado, Arizona, and California all offer simpler options for small estates. Attorney Daniel R. Klein helps families in Colorado, Arizona, and California take the next step, at a pace that feels right.
- Reviewed by
- Daniel R. Klein, attorney
- Last reviewed
This page is general information about Colorado and Arizona law as of . It is not legal advice.
Is this you?
- “My dad just died, and I don’t know where to start.”
- “I’m named as executor in Mom’s will.”
- “There’s a trust, and I’m the trustee.”
- “My parent lived in Arizona, and I live in Colorado.”
- “Someone in the family is unhappy with the will.”
Probate: where to start
Estate Administration
Estate administration, often called probate, is the court process for settling a person’s estate after they die.
Trust Administration
Trust administration is the work a successor trustee does after the person who made a trust dies.
Will and Trust Disputes
Estate litigation is a court case about a will, a trust, or how an estate or trust is being handled.
Guardianship & Conservatorship
Guardianship and conservatorship are for any age: an adult who can’t make safe choices, such as a parent with dementia, or a child whose parents have died.
What should I do first?
Take care of yourself and your family first. Then order several certified death certificates, keep the will and the home safe, and hold off on handing out property or paying debts. Our after a death checklist walks you through the first weeks.
Is it probate or trust administration?
| Question | Probate (estate administration) | Trust administration |
|---|---|---|
| When it’s used | Property in the person’s name alone, with no beneficiary named | Property held in a living trust |
| Is a court involved? | Yes | Usually not |
| Who is in charge? | A personal representative, appointed by the court | A successor trustee, named in the trust |
| Is it public? | Yes, it’s a court record | Generally private |
Are guardianship and conservatorship part of probate?
Yes. The probate court also handles guardianship and conservatorship. A court may name a guardian or conservator for an adult who can no longer manage, such as a parent with dementia. It may also name one for a child whose parents have died, when the child inherits money.
How much help do you want?
Some families want guidance while they handle most steps. Others want us to take care of the filings and deadlines. Either is fine, and you can change your mind.
Does every estate need probate in Colorado and Arizona?
No. Small estates can often skip probate with a small estate affidavit, a sworn form heirs use to collect property.
Read our guide to how probate works in Colorado.
In Colorado
For 2026 deaths, the affidavit covers up to $88,000 in personal property, after a 10-day wait. It can’t transfer a home (C.R.S. 15-12-1201; JDF 999). Probate must usually be opened within 3 years (C.R.S. 15-12-108). Most claims for debts from before the death are barred 1 year after the death (C.R.S. 15-12-803).
In Arizona
The affidavit covers up to $200,000 in personal property after 30 days. A separate affidavit covers Arizona real estate up to $300,000 after 6 months (A.R.S. 14-3971). Probate must usually be opened within 2 years (A.R.S. 14-3108). Most claims for debts from before the death are barred 2 years after the death (A.R.S. 14-3803). In both states, debts secured by property, like a mortgage, may work differently.
How does working with Daniel go?
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Reach out
Request a call, or call 720-806-2069. Nicholas Curtiss, our paralegal, or Iliana Garcia, our senior paralegal, calls you back.
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Talk it through
In your complimentary consultation, we’ll look at what’s urgent and what can wait.
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Get the fee in writing
Before any work starts, we agree with you in writing on the fee, or on the hourly rate and what it covers.
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Settle the estate
We guide you, or handle the steps for you, until the estate or trust is closed.
What does it cost?
You’ll get a written quote before any work begins. See how our fees work.
Questions people ask
Does every estate have to go through probate?
No. Property in a funded trust, or with a named beneficiary, passes outside probate. Small estates can often use an affidavit instead. In Colorado, that’s up to $88,000 in personal property for 2026 deaths, and it can’t transfer a home. In Arizona, it’s up to $200,000 in personal property, and a separate affidavit covers Arizona real estate up to $300,000 (C.R.S. 15-12-1201; A.R.S. 14-3971).
How long does probate take?
It depends on the estate, the taxes, and the family. By law, an estate can’t be closed by sworn statement until 6 months after the personal representative is appointed in Colorado, or 4 months in Arizona (C.R.S. 15-12-1003; A.R.S. 14-3933). Our estate administration page walks through each step.
I’m the trustee. What do I have to do?
A trustee settles the trust by following its terms and the duties the law adds. Our trust administration page lists the main tasks and the deadlines in each state.
Am I responsible for my parent’s debts?
Usually not. Debts are paid from your parent’s estate, not from your own money. The answer can be different if you co-signed, shared the account, or were married to the person, especially in Arizona, a community property state. If the estate can’t cover everything, state law sets the order of payment. It’s wise not to pay bills from your own pocket until you get advice.
Request a complimentary consultation
Tell us how to reach you. We’ll call you within one business day to set up your complimentary consultation.
Three short questions.
To request a consultation, call 720-806-2069 or visit kleinestatelaw.com/contact/
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