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What is ancillary probate proceedings in Colorado?

Ancillary probate administration is a court process through which the foreign personal representative obtains permission to carry out his or her responsibilities as they concern the decedents real estate within Colorado.

Does a small estate affidavit need to be filed with the court in Colorado?

This form does not need to be filed with a court, but rather may be shown to those holding personal property that formerly belonged to the decedent. The form endows the holder with a legal right to collect the property.

What is the threshold for a small estate affidavit in Colorado?

To qualify for a small estate probate in Colorado, the estate must not contain any real property (i.e. land, homes, buildings, etc.) and the decedents personal property must be less than $74,000 (As of 2022).

How do I get a letter of testamentary in Colorado?

If the court is satisfied that the will is valid, you have provided all necessary information and documentation, and the court deems that you are capable of assuming the personal representative role, they will then issue Letters Testamentary to you. You can then use the Letters to perform the duties required.

Do I need a lawyer for probate in Colorado?

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.

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Do I need to file probate in Colorado?

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.

Does Colorado require ancillary probate?

If you are opening an ancillary estate in Colorado in order to transfer real property, you should know that you will need to file the signed Certificate of Ancillary Filing in every county where you need to transfer property.

What qualifies as a small estate in Colorado?

In Colorado, a small estate is defined as an estate that is worth less than $70,000 (as of 2020) in personal property and that has no real property. With a small estate, devisees and heirs can collect assets after completing a small estate affidavit, instead of needing to begin a case with the probate court.

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