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The basic costs for probate include a filing fee with the court (between $200 $300 as of 2023), fees for certified copies of court documents (just over $20 per copy), and mailing costs to send copies of court documents to required parties.
In Colorado, there are three levels of probate depending on the estates value and whether there is a clear, valid will. For small estates worth $64,000 or less, an heir may collect assets by signing a Small Estate affidavit, allowing them to avoid probate court altogether.
Probate attorney fees in Colorado generally range anywhere between $3,500 - $5,000. This amount can be smaller or much larger depending on factors such as the size of the estate, whether or not there are any other special circumstances, the experience of the attorney and other things.
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).
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.
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In Colorado, certain assets, such as those held in joint tenancy or those with designated beneficiaries, may pass outside of the probate process. However, assets that are solely owned by the decedent or owned in a tenancy in common must go through probate.
One way to avoid probate is through trusts, which are similar to wills but take effect while the benefactor or trustee is still alive. A living trust can avoid probate through the following steps: an individual makes a trust document and names a trustee that will take effect after the individuals death.
For formal probate, you must complete and file: JDF 920 - Petition for Formal Probate of Will and Formal Appointment of Personal Representative. JDF 911 - Acceptance of Appointment. JDF 912 - Renunciation and/or Nomination of Personal Representative. JDF 721 - Irrevocable Power of Attorney. JDF 711 - Notice of Hearing.

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