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Informal probate is used when no contest or other form of probate litigation is expected. Formal probate is a more hands-on probate process where the probate court pays closer attention to the probate case.
Personal representatives administer wills and estates in Colorado. This role comes with several responsibilities. Understanding what those are and how to fulfill them is crucial to efficient estate administration. Its also essential to avoid any allegations that fiduciary duties may have been bdocHubed.
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.
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.
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.
The probate procedure includes completing a small estate affidavit and filing it with the probate court. Once this is completed and approved by the court, the heirs may collect the decedents assets. This is much quicker and less expensive than both the informal probate and formal probate processes. An Easy Guide to Colorados Probate Process - Ball Morse Lowe ballmorselowe.com blog an-easy-guide-t ballmorselowe.com blog an-easy-guide-t
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).
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.
For formal probate, you must complete and file: JDF 920 - Petition for Formal Probate of Will and Formal Appointment of Personal Representative. JDF 911 - Acceptance of Appointment. JDF 912 - Renunciation and/or Nomination of Personal Representative. JDF 721 - Irrevocable Power of Attorney. JDF 711 - Notice of Hearing.