Probate Attorney in Denver, CO

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ALTHOUGH MOST PEOPLE ASSUME THEY CAN AVOID PROBATE BY WRITING A WILL, THIS IS SIMPLY NOT THE CASE.

 

In the state of Colorado, all intestate estates (dying without a will) and wills must be probated.  The extent of court involvement will depend on the complexity of the estate and cooperation of heirs.  The fastest an estate can statutorily close in Colorado is 6 months and 6 days.  But most probates take a year or more to close.

 

If a person dies without a will, each state has laws that indicate who will inherit the estate.  Typically, assets will be divided between the surviving spouse and children.  If no family can be located, the estate will go to the state. Only blood relatives, spouses and domestic partners are eligible to inherit under intestate laws.  Absent a will or trust, friends and unmarried partners generally cannot inherit assets.

Avoiding probate

Common ways to avoid probate involve naming beneficiaries on bank and retirement accounts, holding property as joint tenants, and executing a revocable living trust. Each of these options should be discussed with an estate planning attorney.  Each has its place in legacy planning.  Of these options, a revocable living trust provides the most flexibility and assurance that assets will be distributed to whom you want, how you want and when you want.

Getting started with your estate plan

Remember, there is no time like the present to get started on your estate plan. Life can be unpredictable.  Call us now at 303.267.1111 to learn more.

Probate attorneys in Centennial, Denver, Aurora, Castle Rock, Lakewood and surrounding Colorado communities.