Guidance and Support from Duncan Legal, PC
At Duncan Legal, PC, we understand how overwhelming probate can be. Even under the best circumstances, probating an estate has never been simple—and in recent years, the process has only become more complex. Court backlogs, updated legal requirements, rising property values, and the increasing use of digital assets all add responsibilities most families don’t expect.
Losing a loved one is already emotionally difficult. Navigating probate at the same time often feels like taking on a full-time job while grieving. When families turn to Duncan Legal, PC, one of the first things we emphasize is this: understanding common mistakes can prevent major delays, reduce expenses, and protect family relationships during an already challenging time.
Below are some of the biggest issues people face when administering an estate today—and how Duncan Legal, PC helps families avoid them.
1. Handling Assets Incorrectly
One of the earliest duties of an executor or personal representative is securing all of the decedent’s assets. At Duncan Legal, PC, we frequently see how complicated this step has become due to the wide variety of assets families now own.
Different assets require different actions:
- Bank accounts may need to be frozen or transitioned based on titling
- Real estate may require insurance updates, property security, utility management, and ongoing maintenance
- Vehicles may need to be stored safely or re-titled
- Digital assets—such as cryptocurrency, cloud-stored photos, online accounts, and subscription services—require correct access credentials and specialized handling
- Business interests or rental properties may require immediate attention to prevent financial loss
When assets are not properly secured, the risk of theft, damage, or financial decline increases—and the executor may be held responsible. Duncan Legal, PC guides families through these early steps to ensure nothing is overlooked.
2. Categorizing Assets Incorrectly
A common—and costly—mistake we see at Duncan Legal, PC is misunderstanding which assets must go through probate.
Assets that often bypass probate include:
- Property held in a trust established through Duncan Legal, PC
- Retirement accounts or life insurance with beneficiary designations
- Transfer-on-death or payable-on-death accounts
- Jointly owned property with survivorship rights
- Insurance or annuity benefits payable to named beneficiaries
Correctly identifying probate vs. non-probate assets helps streamline the process, avoid court delays, and eliminate unnecessary filings.
3. Failing to Determine Accurate Date-of-Death Values
Accurate valuations are essential for tax reporting and potential capital gains issues. At Duncan Legal, PC, we help executors understand this requirement early so they can gather the proper documentation.
Executors must determine fair market value for:
- Real estate
- Vehicles
- Investment accounts
- Business interests
- Collectibles
- Digital assets with monetary value
- Valuable personal belongings
Incorrect valuations can create tax discrepancies that delay the closing of an estate. Duncan Legal, PC works with appraisers, institutions, and valuation professionals to help ensure accuracy.
4. Overlooking Debts and Final Expenses
A frequently overlooked mistake is distributing assets before addressing outstanding debts. Duncan Legal, PC regularly sees this issue create unnecessary conflict or even personal liability for executors.
Today’s creditors may include:
- Medical providers
- Credit card companies
- Mortgage lenders
- Medicaid estate recovery
- Personal or private loans
Debts must be paid in the correct legal order. With guidance from Duncan Legal, PC, executors avoid costly errors and ensure compliance with Colorado probate requirements.
5. Not Communicating With Heirs and Beneficiaries
With families increasingly dispersed, clear communication is more essential than ever. Poor communication often leads to suspicion, disputes, or formal challenges.
Executors are expected to:
- Provide timely updates
- Share realistic timelines
- Keep beneficiaries informed
- Address disagreements professionally
Duncan Legal, PC helps executors establish communication practices that reduce tension and keep families aligned.
6. Missing Deadlines or Required Court Filings
Probate courts across the country—including in Colorado—continue to face delays from years of backlog. Missing a filing deadline or submitting incorrect paperwork can push the estate months behind.
Executors must stay diligent with:
- Inventory filings
- Tax forms
- Required notices
- Court deadlines
- Detailed documentation
Duncan Legal, PC assists executors in maintaining accurate records and meeting each requirement so the estate progresses smoothly.
Probate Is Complex — But You Don’t Have to Navigate It Alone
Probate is a legal process filled with technical responsibilities, emotional strain, and strict timelines. At Duncan Legal, PC, we guide executors and families through each step with clarity, compassion, and confidence.
By understanding and avoiding these common mistakes, you can administer an estate more efficiently and honor your loved one’s wishes with fewer complications.
Plan Ahead With Duncan Legal, PC
If you need help navigating probate or want to ensure your own estate plan prevents these common challenges, Duncan Legal, PC is here to support you.
Visit Us: 6436 S Racine Cir, Ste 227, Centennial, CO 80111
Call Us: (720) 506-2536
Learn More: www.duncanlegal.com
