Denver Estate Planning and Probate Lawyers

Probate attorneys specializing in estate litigation.

Generally, there are two types oprobate lawyers: those who handle the administrative side of probates – transactional, and those who represent clients in lawsuits, called probate litigators. Lawyers often handle one side or the other of a probate, but Stutheit & Gartland, P.C. can handle both.  We know probate, but unlike many probate attorneys, we also litigate.  We are experienced, calm, confident trial lawyers.

Our  estate planning and probate specialties are:

Decedent Estate Administration;

Guardianship and Conservatorship;

Trust and Estate Litigation;

Breach of Fiduciary Duty and Removal of Fiduciaries;

Will Contests and Disputes Among Heirs;

Claims Against Estates;

Abuse of Power of Attorney;

Surviving Spouse Rights;

Fraud  and Undue Influence;

Wills and trusts;

We believe too many clients are sold unnecessary and expense estate plans.  We are not in the business of “selling” estate plans.

Powers of attorney


Colorado Probate LawyerContact us to schedule a consultation. 303-321-3017



Advance Health Care Directive or Living Will: $225
Beneficiary Deed to real estate: $200 plus recording fee
Postnuptial or Prenuptial Agreement: $800. Important for second marriages with children from the first marriage.
Power of Attorney for finances and health care decisions: $250 individual, $400 couple
Simple Will (including will with guardianship and trust provisions for children): $500 individual; $750 couple
Temporary Guardianship for Children while parents are absent: $150
Package including Comprehensive Power of Attorney, Simple Will, and Advance Health Care Directive or Right to Die: $750 individual, $1,100 couple.

Protect your inheritance. 303-321-3017

See these Stutheit & Gartland blog posts:

  • Colorado trusts – trustee legal duty managing investments

    In this blog, Stutheit & Gartland summarizes the legal duty of a Colorado trustee when managing investments. Colorado follows what is called the “Prudent Man Rule” for trustees.  In managing property for a trust beneficiary, the trustee must exercise judgment and care, under the circumstances, which trustees of prudence, discretion and intelligence would exercise in […]

  • What happens to the body in Colorado after someone dies?

    Where death is by natural causes, and the person was under medical care, the family can make arrangements for a mortuary to take the person into its care right away.  Colorado does not license individual morticians, but “funeral establishments” must be registered with the Department of Regulatory Agencies and it is unlawful to sell funeral […]

  • Colorado Probate Cost – executor fees

    There is no explicit rule how much an executor (“personal representative”)  of a Colorado estate may charge. “A personal representative is entitled to reasonable compensation for his or her services.” COLO REV STAT § 15-12-719(1). In reviewing the reasonableness of a compensation request, a probate court should consider: (a) The time and labor required, the […]

  • Dangerous Ways of Avoiding Probate

    Many Coloradans are convinced that probate is something to be avoided. I do not agree that probate is always, or even usually, bad. I believe that trusts are used too often and unnecessarily complicate many estates. Here are some common ways to avoid probate which do not include a trust: * Put property in joint […]

  • Estate Planning Documents Everyone Should Have

    On April 20 the Wall Street Journal published a simple, but useful article entitled Four Estate-Planning Documents Everyone Should Have. The article is  available at the following url or web address:

  • Colorado law – trust registration

    In the following discussion, a reference to C.R.S. means Colorado Revised Statutes, law created by the legislature.  The symbol, “§”, is lawyer shorthand for “section”. Colorado has a statute which says the trustee of a trust having its principal place of administration in Colorado shall, within thirty days after his or her acceptance of the […]

  • Common questions about wills and estate planning – Colorado law

    1. What happens if I die without a last will? If you do not make a last will, Colorado law will determine who gets your property. This process is called “intestate succession.” Your property would first be divided between your spouse and your children. If you are not married and have no children, your property […]

  • Fees in probate and conservatorships

    Q:  What is an appropriate rate to charge for services as guardian and conservator? A. An answer is usually something like “It depends on the circumstances.” Here are a few general guidelines: Family members often serve without a “fee” although a family member usually keeps a record of out-of-pocket costs and applies for reimbursement. For […]

  • Colorado common law marriage and estates

    Q.  What is Common Law Marriage? A. Colorado recognizes common law marriage. The following guidelines are used to determine if a common law marriage exits: The man and women are free to enter into a marriage contract, neither is married to another person, and both parties are 18 or older. The man and the woman […]

  • Colorado estate planning – everyone should know

    Denver estate planning attorney Brian Stutheit offers simple estate planning ideas everyone should know: 1) Every adult should consider having a health care power of attorney.  A medical directive instructs your loved ones and health care providers how you wish to be treated if you become incapacitated.  It allows you to control who makes decisions […]