The Probate of an Estate is the process of having the Court
certify the appointment of a Personal Representative (Executor) to
handle the administration of a decedent's assets. The court will
appoint the person named in the Will. If there is no Will,
Colorado law states who has priority for appointment.
If all of decedent's assets are non-probate assets, Probate is
An Estate is composed of two types of assets:
- Probate Assets: assets held in the name of
the decedent alone, without any beneficiary
These assets can only be transferred to another
by a Personal Representative (Executor), and therefore must go
through the Probate process mentioned above.
- Non-Probate Assets: assets held in the name
of the decedent:
- in joint tenancy with right of survivorship.
- stating a named beneficiary upon death.
- held in the name of a revocable trust.
These assets do not require a Personal Representative
(Executor) in order to be transferred, and therefore are not
subject to the Probate process. These assets are distributed
according to the ownership documents listed above.
The Probate Process is simple and inexpensive in Colorado, and
therefore, avoiding Probate is not a priority in this State.
Click here to determine what happens at the initial
consultation and what you need to bring.