What Is Colorado Probate

Colorado Probate is the court process used to transfer title to your assets  to those named in your Colorado Will or to your heirs at law if you did not prepare a Colorado Will.  All wills and intestate estates must be probated, but the degrees of court involvement and complexity range from simple and inexpensive to complicated and costly.

There are three different types of Colorado probate procedures whether you have a Colorado Will or if you die without a Will.   One type is for “small estates” that are under $50,000 and where the decedent dies without any real property).  With a small estate procedure, your devisees or heirs are able to collect your assets simply by presenting a small estate affidavit, thereby avoiding any court involvement.  The small estate affidavit procedure requires the devisee or heir colleting the property to swear they are entitled to the property and will distribute any property to any other entitled devisees or heirs.

Another type of probate proceeding is for uncontested estates that allow for an informal court proceeding.  This informal proceeding is available when one has a valid Will or where the intestate heirs are not in doub, and there is a clearly qualified personal representative ready to be appointed.  Colorado Courts have a limited role in the Informal proceeding, but the Court does  have a limited role in the administration to ensures that the terms in the Will or under the Colorado laws of Intestacy are followed.

The final type is for contested estates that have either invalid or questionable wills that requires a formal court proceeding to prove the validity of the Will in question.

Whether a probate requires an informal or formal proceeding, the complexity can range from simple and inexpensive to complicated and very expensive.

The content of this website is for informational purposes only.  As such, it should not be taken as legal advice for any individual case or situation. It is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

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