Probate, Trusts, and Fiduciaries - state co 2025

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(2) Fiduciary includes a trustee under any trust, expressed, implied, resulting, or constructive, executor, administrator, personal representative, guardian, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer of a Colorado Revised Statutes 2023
All wills and intestate estates must be probated, but the degrees of court involvement and complexity range from simple and inexpensive to complicated and costly.
Assets that are owned in joint tenancy, such as real property or a bank account, or assets that have a beneficiary designation like a life insurance policy or IRA, pass to the beneficiaries by operation of law, and are not subject to the provisions in the will or the probate process.
Under current law, the administration of trusts is generally governed by certain provisions within the probate code. The act repeals many of these provisions and creates a new Colorado uniform trust code (code) outside the probate code to address trust administration.
In Colorado, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (its similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

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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 significant challenges (i.e., identifying heirs, property title disputes) in administration.
In Colorado, beneficiaries have the right to receive information about the estate, review the will, be treated fairly and equally, and have estate matters handled efficiently and promptly.

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