Diligent Denver Probate Firm Providing Professional Help And Advocacy
Last updated on May 11, 2026
See Andrea’s entire interview for the Masters series on ReelLawyers.com.
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Non-probate assets include real property owned in joint tenancy. Investment accounts, retirement accounts, and even bank accounts can also pass outside of probate if they have a payable-on-death beneficiary designation.
Another example is a beneficiary deed, which allows a parent to transfer a home to a child or children outside of probate. Assets held in a trust are also non-probate assets, as are assets owned by an LLC or other business entity.
See Andrea’s entire interview for the Masters series on ReelLawyers.com.
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A probate asset is one that is titled solely in the decedent’s name at the time of death, with no co-owner and no designated beneficiary. For example, if a home is owned solely by the decedent, it is a probate asset. If it is owned jointly with a spouse, it typically passes automatically to the surviving spouse and does not go through probate.
A will only applies to probate assets. It is essentially a last-resort mechanism for distributing assets that do not otherwise transfer by beneficiary designation, joint ownership, or trust. If assets are held in a trust, have designated beneficiaries, or are jointly owned, probate is generally not required.
See Andrea’s entire interview for the Masters series on ReelLawyers.com.
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If you have probate assets—assets solely in your name with no beneficiary—your will dictates how those assets are distributed. If you do not have a will, intestacy laws determine distribution. If you want control over how your assets are distributed, executing a will is essential.
Probate is the court-supervised legal process that validates a deceased person’s will and oversees asset distribution. It occurs whenever someone passes away, owning property that does not automatically transfer to a survivor. Our Denver probate firm can help you manage these requirements to ensure the rightful heirs receive their inheritance.
Losing a loved one can create stress that legal complexities only worsen. At the Denver probate firm of Mahoney Law, LLC, we provide the guidance you need. As a husband-and-wife team of attorneys with 60 years of combined experience, we offer a steady hand during your most difficult moments.
Clear Steps For Managing The Colorado Probate Process
The probate process involves several phases to ensure all debts are paid and assets are accounted for. We prioritize resolving disputes respectfully amicably to save you time and emotional strain:
- Initiate the legal filing: We help you submit the initial petition with the Colorado probate court to open the estate officially.
- Inventory the estate assets: We assist in identifying and inventorying all assets belonging to the estate to determine the total value.
- Resolve outstanding creditor claims: We manage the process of notifying creditors and settling valid outstanding debts using estate funds.
- Distribute property to beneficiaries: We oversee the final transfer of property to the named beneficiaries according to the instructions in the will.
Proper Denver estate planning can help your family avoid this public process. Utilizing living trusts or beneficiary designations allows assets to pass directly to your loved ones.
How Our Experienced Denver Probate Firm Can Streamline Your Legal Journey
We take a limited number of cases at our estate law firm to ensure you receive our undivided attention. We review your situation promptly to determine if we can resolve disputes before proceeding to litigation:
- Drafting and filing documentation: We focus on preparing and filing all required court documentation to avoid costly procedural delays. Our deep knowledge of Denver estate law ensures that every form meets the requirements of the local court system.
- Providing courtroom representation: We represent your interests during contested hearings or trials if family disputes or creditor issues arise. We stand ready to defend your rights in court while maintaining a professional approach to your case.
- Managing financial obligations: We assist with calculating estate taxes and final expenses efficiently to keep the administration process moving forward. Financial management can prevent the personal representative from facing personal liability for mistakes made during the distribution of funds.
- Defending the estate against claims: We work to defend the estate against unfair or fraudulent claims made by outside parties or disgruntled relatives. We investigate the merits of every claim to ensure that only legitimate debts reduce the final inheritance.
As dedicated Denver probate attorneys, we will discuss your case constantly, even at home – but we won’t bill you for these dinnertime conversations. You will benefit from getting two legal minds for the price of one. We work as a cohesive unit to protect your family’s legacy and peace of mind.
Andrea N. Mahoney is selected to the 2026 Colorado Super Lawyers in the estate and trust litigation category, one of only eight Colorado attorneys to earn that distinction statewide. She is also a 2026 Top Lawyer honoree in probate litigation in 5280 Magazine, a distinction that only six Colorado attorneys earned that year. Kevin S. Mahoney has been selected to the Colorado Super Lawyers list for 18 consecutive years, reflecting the sustained legal excellence he and Andrea bring to every probate matter.
Take Action Today To Protect Your Family And Estate Interests
Taking prompt action can prevent the mismanagement of estate assets and protect your standing with the court. Hiring a skilled attorney can ensure you meet court deadlines while finding an advocate who values resolution over conflict. We invite you to contact our Denver probate firm at 720-502-9856 or via our online form to book your consultation.