Colorado Probate Law

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Commonly Asked Questions about Colorado Probate Law

Do bank accounts go through probate in Colorado?

Assets that are owned in joint tenancy, such as real property or a bank account, or assets that have a beneficiary designation like a life insurance policy or IRA, pass to the beneficiaries by operation of law, and are not subject to the provisions in the will or the probate process.

Does a car have to go through probate in Colorado?

In Colorado, whether or not a car must go through probate depends on the ownership and value of the vehicle. If the car was owned jointly by the deceased person and another individual, such as a spouse, then the surviving owner typically becomes the sole owner of the vehicle, and probate may not be necessary.

Do I need to go through probate in Colorado?

All wills and intestate estates must be probated. The probate process has been greatly simplified by the Uniform Probate Code, and more than 90% of probates in Colorado are not court supervised.

What is the best way to avoid probate in Colorado?

In Colorado, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (its similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

How long do you have to file probate after death in Colorado?

There are deadlines: Probate forms must be filed within 10 days of the death, regardless of whether a formal or informal probate case will follow.

What assets are subject to probate in Colorado?

Assets subject to probate in Colorado include real estate titled only in the name of the person who died, or other assets they owned if the total combined value is $64,000.00 or more. Someone who dies may have only non-probate assets.

Which of the following assets do not go through probate?

First and foremost, there are a number of asset types that typically do not pass through probate. This includes life insurance policies, bank accounts, and investment or retirement accounts that require you to name a beneficiary.