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The easiest way to avoid probate is to pull your assets into a trust before you pass. By setting up a trust your beneficiaries receive assets immediately after death without having to go to court for processing or approval. Another way to avoid probate is by assigning beneficiaries to all accounts before death.
If the person who died left a valid will, this will name one or more executors, and it is their responsibility to apply for probate. If there isnt a will, then inheritance rules called the rules of intestacy will determine whose responsibility it is to get probate.
As described above, probate assets are generally administered in one of three ways: 1) Completing an Affidavit for Collection of Personal Property if the total probate estate assets are less than $50,000 and there is not any real property. 2) Filing an informal probate procedure. 3) Filing a formal probate procedure.
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.
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.
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To apply for the letters of administration: download the correct paper form. fill in all sections that apply. print the form. sign and date the application. include a cheque with your application (see How to pay) send your completed form and supporting documents to:
The Colorado probate filing fees for both formal and informal probate is $199.00 according to the Filing Fees, Surcharges, and Costs PDF provided by the Colorado Judicial Branch. If supervised administration is required, a fee of $198.00 must be paid. If a claim is contested, there is a fee of $198.00.
There is no legal obligation for you to have an attorney for a probate action. The Colorado Judicial Branch offers all of the probate forms online for anyone who wishes to represent themselves. However, the probate court that you must file the probate action in cannot provide you with legal advice.
The Colorado probate process can be very difficult to manage on your own if you live out of state. As a personal representative, there are several steps that must be completed in addition to the final accounting. There are also specific notifications that must be made and hearings that you must attend.
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.In Colorado there are three types of probates.

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