When Is Probate Required?

In What Instances is Probate Required in Colorado?

attorney and client at a probate hearingProbate is a fairly common legal procedure and much simpler than many think. It is the legal process through which assets are passed from a deceased person to their heirs and beneficiaries.

Probate is not always needed when a person passes away. It depends on various factors, including the type of property owned by the decedent and the state laws where the decedent resided.

What is Probate Required?

It is generally understood that if a person has died and left behind a will, probate will be required to carry out the provisions of that will. This is generally true and is known as a testate estate. In some cases, the will might be contested, not very clearly written, or even invalid. In these cases, a court must be much more included in the probate process.

However, probate is also needed if a person has died and has not left behind a will. This is known as a testate estate. When a person who owns property dies without a will, a probate process is carried out to ensure that the property is distributed correctly according to the state's inheritance law.

There is also the instance of a small estate probate. This is a simplified probate process for estates or properties that are not very high in value. In Colorado, properties and estates valued under $68,000 are considered small estates. A small estate probate process is implemented if a person owning less than $68,000 worth of property dies with or without a will.

When is Probate Not Required?

Some assets are automatically transferred to a decedent's heirs or beneficiaries without the need for probate. Some examples of such assets include:

  • Assets like retirement accounts that already have valid beneficiaries declared
  • Assets that are part of a living trust
  • Assets that are jointly owned with the beneficiary having rights of survivorship
  • Life insurance that has a valid beneficiary declared

Get in Touch with Evans Case for Probate Law in Denver, Co

If you have any other questions relating to probates that we haven’t answered or if you are in search of a probate attorney, get in touch with Evans Case.

Evans Case is a full-service Denver estate planning law firm with over 110 years of experience. To get you started, we can offer you a no-cost, no-obligation initial consultation with our experienced probate attorneys.

Call us at (303) 722 8000 or contact us on our website for a free 30-minute consultation.

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Evans Case is a full-service Denver Law Firm. With more than 110 years of collective experience we are relentless and compassionate advocates for our clients. The deep legal experience and wisdom of our senior attorneys combined with fresh thinking of younger associates ensure the best possible results in each case. Our attorneys understand that the best outcomes are built on thorough understanding, compassion, and respect.

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