Denver Probate Lawyers

Probate attorneys specializing in estate litigation.

We know probate, but unlike many probate attorneys, we also litigate.  We are experienced, calm, confident trial lawyers.

Guardianships and Conservatorships;

Trust and Estate Litigation;

Breach of Fiduciary Duty;

Will Contests;

Claims Against Estates;

Abuse of Power of Attorney;

Surviving Spouse Rights;

Fraud  and Undue Influence

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

Client Comments

  • I highly recommend his services
  • Thank you very much for your help
  • Brian is an excellent construction defect attorney
  • I can breathe again
  • I could not wait to tell you this
  • Your Expertise
  • Excellent Job
  • Dropped the Appeal
  • Trial Success

Guardianships and Conservatorships

  • In a guardianship , the court appoints someone to manage the day-to-day living issues of the protected person. The guardian makes decisions regarding matters such as education, health care and housing.  Clients often seek guardianship so they can make health care decisions for elderly, disabled or mentally ill family members.
  • In a conservatorship , the court appoints someone to manage the financial affairs of the protected person.

We handle every step for you in order to establish the guardianship or conservatorship. We draft and file the petition in the Probate Court, prepare you and your witnesses, and are with you at every hearing.


Advance Health Care Directive or Living Will: $225
Beneficiary Deed: $200 plus recording fee
Postnuptial or Prenuptial Agreement: $600-$750. Important for second marriages.
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 Power of Attorney, Simple Will, and Advance Health Care Directive or Right to Die: $750 individual, $1000 couple.

Protect your inheritance. 303-321-3017

See these Stutheit & Gartland blog posts:

  • 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 […]

  • What did we do this week?

    In the last week, we accomplished these things: We got favorable decisions in two unemployment appeals.  In one, the Department of Labor mistakenly assumed that our client was working in excess of the 32 hours maximum per week when in fact he was being paid $5 per hour for being on call.  In another, we […]

  • Resource for seniors

    Senior Access Gap Ministry Jefferson County has cut funds for senior centers, senior activities and mental health.  Two organizations in South Jefferson County and Arapahoe County have stepped up to help.  These are Christian organizations, but anyone with needs or desire for friendship and community is welcome to call them. Over the last few months, […]