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For a per- son who died in 2022, probate is not required when the val- ue of their probate assets is below $74,000 and the decedent did not own any real property. The Colorado courts website has additional information and updates.
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.
* You can file your paperwork to close the estate informally 6 months after the date that the court named you as the Personal Representative, or one year after the decedent died, whichever date happens first.
Both informal and formal probates must be open with the court for at least six months, but full administration of the estate may take much longer.
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.
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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.
By Petition to the Court (Formal Proceeding). The Probate Judge, Magistrate or Registrar may appoint a Personal Representative and determine Heirs after notice to all Interested Persons and after hearing on any objections. If you need assistance with legal decisions, you should contact an attorney.
In Colorado, if someone passes away without a spouse, but has children, the children inherit all eligible assets. If someone passes away without children, but has a spouse, the spouse inherits all eligible assets.

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