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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.
As part of the probate process, letters testamentary are issued by your states probate court. To obtain the document, you need a copy of the will and the death certificate, which are then filed with the probate court along with whatever letters testamentary forms the court requires as part of your application.
Surviving spouses are afforded incredibly strong inheritance rights to intestate estates ing to Colorado inheritance laws. As a matter of fact, theyre entitled to the whole of the estate if the decedent died without surviving children or parents, or all of their children were solely with each other.
A Living Trust A will distributes your assets upon your death. But, a living trust places your property into a trust that is managed in a way that best benefits your heirs. Because your assets are already distributed, your estate avoids the probate process.
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.
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If the decedent died without a will, the surviving spouse in Colorado has the following rights to the decedents probate assets (or intestate estate): 1. If no descendant or parent of the decedent survives, the surviving spouse receives the entire intestate estate. 2.
A formal probate is required for several reasons, including when a will is contested, unclear, invalid, or when there are apparent or actual docHub challenges (i.e., identifying heirs, property title disputes) in administration.
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.