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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.
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.
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.
Simply fill out the response form, telling the court why you disagree with the other partys position. When you file the response, you will be asked to pay a filing fee. You do not need to prove your case in the response; you simply need to tell the court what you believe to be true.
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.
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Informal probate simply involves filing certain probate forms with the probate court, usually in the county where the decedent lived at the time of their death. If the decedent did not have a will, Colorado probate law explains how the decedents assets will be inherited.
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.
Lastly, after service is performed by your chosen process server, you need to make sure that they fill out a form called a Return of Service or Affidavit of Service. This form must be signed in front of a notary unless the process server is a peace officer.

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