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What are the three types of probate in Colorado?

In Colorado there are three types of probates for both wills and intestate estatesone for small estates (under $50,000 and no real property), one for uncontested estates (informal), and one for contested estates and invalid or questionable wills (formal).

Can you 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.

How do I get a letter of testamentary in Colorado?

If you are curious about your role as PR or need to obtain Letters Testamentary, call (720) 513-2299 to set up a flat-rate* legal consult with a probate attorney. The probate court will then issue Letters of Administration if someone passes without a will or Letters Testamentary if someone passes with a will.

How does probate work without a will in Colorado?

A person who dies without a will has died intestate. Colora- do has intestacy laws that designate how a decedents pro- bate assets pass upon her death if she died intestate. Colo- rado law assumes that a decedent would want her probate assets to pass first to her surviving spouse and children.

What is the informal probate process in Colorado?

Informal probate involves filing certain probate forms with the probate court in the county where the decedent lived at the time of their death. Informal probate differs from formal probate because the probate court isnt as involved with the probate action.

Does a surviving spouse have to go through probate in Colorado?

However, probate is usually unnecessary if the deceased person holds all their property jointly with their spouse. In this case, no probate proceeding will be necessary as the property can be transferred into the sole name of the surviving spouse, without the need to go through the probate process.

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.

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

*Note: Colorado law requires that a decedents will be filed (lodged) with the District Court in which the decedent was domiciled within ten days of the decedents passing, even if no probate administration is expected.

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