No Will? Understanding How Colorado Intestate Laws Distribute Assets

DWquale on January 15, 2025

When someone passes away without a will in Colorado, their assets are distributed according to the state’s intestate succession laws. These laws determine who inherits property and in what proportion. While intestate laws provide a legal fallback, they may not align with your personal wishes, leading to stress, confusion, and potential family disputes. This guide explains how intestate succession works in Colorado, the special circumstances to consider, and why estate planning is essential to avoid these complications.

How Intestate Succession Works in Colorado

Intestate succession in Colorado follows a clear hierarchy based on family relationships:

  1. Surviving Spouse and Children:
    • If the deceased leaves a surviving spouse and children, the estate is typically divided between them.
    • If the children are from a previous relationship, the surviving spouse’s share may be reduced.
    • Example: The spouse may receive a fixed amount (e.g., the first $300,000) and a portion of the remaining assets, while the rest is divided equally among the children.
  2. No Spouse or Children:
    • If no spouse or children exist, the estate is distributed to the deceased’s closest relatives:
      Parents inherit the estate if they are alive.
    • If parents are deceased, the estate passes to siblings in equal shares.
    • If siblings have passed away, their children (the deceased’s nieces or nephews) inherit the estate.
  3. No Living Relatives:
    • If no relatives can be located, the estate becomes subject to escheatment, where the assets revert to the state of Colorado. This is a last resort when no legal heirs exist.

Special Circumstances to Consider

  1. Adopted Children:
    • Legally adopted children have the same inheritance rights as biological children under Colorado law.
  2. Stepchildren:
    • Stepchildren are not automatically included in intestate succession unless they have been legally adopted. This can create challenges in blended families, underscoring the importance of a will.
  3. Unmarried Partners:
    • Colorado intestate laws do not recognize unmarried partners, regardless of the relationship’s length. Without an estate plan, assets will pass to blood relatives instead.
  4. Half-Siblings:
    • Half-siblings inherit as full siblings under Colorado intestate succession laws, ensuring they are treated equally in inheritance.

Why Intestate Succession Can Be Problematic

While intestate laws offer a legal framework, they may not reflect your personal intentions. Key issues include:

  • Delayed Distribution: Probate for intestate estates often takes longer due to legal formalities and family disputes.
  • Increased Costs: Without a clear plan, legal and court fees can significantly reduce the estate’s value.
  • Family Disputes: Rigid intestate laws may lead to disagreements, particularly in blended families or complex relationships.

How Estate Planning Can Help

Proper estate planning allows you to control how your assets are distributed and prevent the challenges of intestate succession. Key benefits include:

  • Customizing Your Plan: Decide who inherits your property, including stepchildren, unmarried partners, or charities.
  • Avoiding Delays: Streamline the probate process with a clear will or trust.
  • Reducing Legal Costs: Minimize court involvement and legal fees.
  • Protecting Family Relationships: Prevent disputes by providing clear instructions for asset distribution.

Intestate succession laws in Colorado serve as a safety net when someone passes away without a will. However, they often fail to reflect individual wishes and can create stress, delays, and legal complications for families. By taking proactive steps—such as creating a will, establishing trusts, or updating beneficiary designations—you can protect your loved ones and ensure your assets are distributed according to your preferences.

For personalized guidance on estate planning, consult an experienced Colorado probate attorney or contact us at Colorado Estate Services to secure your legacy and bring peace of mind to your family.

Free Time-of-Death Professional Appraisal for Your Probate Real Estate with Colorado Estate Services

ColoradoEstateServices on January 14, 2025

Get a Free Time-of-Death Appraisal for Your Probate Estate with Colorado Estate Services

Managing a probate estate is often an overwhelming process, especially when real estate is involved. At Colorado Estate Services, we understand the complexities of this journey, and we are here to simplify it. That’s why we’re excited to announce our new promotion: we will cover the cost of a time-of-death appraisal (up to $650) for estates needing one—making your probate process more manageable and cost-effective.

What Is a Time-of-Death Appraisal?

A time-of-death appraisal is a critical step in settling a probate estate that includes real estate. It provides an official valuation of the property as of the decedent’s date of passing, which is often required for tax purposes and determining the fair market value for estate distribution. Without an accurate appraisal, executors and personal representatives (PRs) may face delays, disputes, or complications when settling the estate.

In Colorado, this requirement applies to many probate cases. Partnering with experienced appraisers ensures that you have accurate documentation to meet legal requirements and avoid unnecessary stress.

How Our Free Appraisal Promotion Works

To ease the financial burden for estates and personal representatives, Colorado Estate Services will cover the cost of a time-of-death appraisal. Here’s how it works:

  • Eligibility: The promotion is available to all estates and PRs located from Colorado Springs to Fort Collins, including the Front Range and foothills of Colorado.
  • Conditions: Once a listing agreement is signed to sell the property with Colorado Estate Services, we will pay up to $650 directly to the appraiser.
  • Coverage: We’re working with a network of trusted local appraisers to ensure prompt and professional service for your estate.

Trusted Appraisal Partners

We’re proud to partner with some of the best appraisers in the region to provide top-quality service to our clients. These trusted professionals include:

Their expertise ensures accurate and timely time of death appraisals, providing peace of mind during the probate process.

Disclaimer: This Free Appraisal Promotion Covers Up to $650 appraisal cost

While we’re excited to offer this service at no cost to our clients, please note that the promotion covers up to $650 of the appraisal fee. If the appraisal cost exceeds this amount, the estate will be responsible for the difference. This ensures transparency and maintains the highest level of service for our clients.

Why Choose Colorado Estate Services?

Colorado Estate Services is one of the top-selling real estate firms in the state, specializing in probate and estate sales. With years of expertise, we’ve built a reputation for:

  • Streamlined Sales: From quick off-market transactions to achieving top dollar on MLS listings, we tailor the process to meet your estate’s unique needs.
  • Comprehensive Support: We handle everything from coordinating clean-outs and repairs to remote closings, allowing PRs to manage the estate without unnecessary travel or stress.
  • Trusted Partners: Our network includes appraisers, attorneys, and other professionals to ensure every step of the probate process is handled efficiently and effectively.

How This Promotion Benefits You

Probate estates often face tight timelines and budget constraints. By covering part of the appraisal cost, we aim to:

  • Provide PR’s a professional appraisal necessary for real estate included in Colorado estates.
  • Reduce upfront expenses for PRs and heirs.
  • Provide peace of mind with professional, accurate appraisals.
  • Ensure a seamless transition to the next steps of selling the property.
  • Help the estate and us determine a listing price of the home.

Act Now: Simplify Your Probate Process

If you’re a personal representative or an estate administrator handling a probate case in Colorado, take advantage of this limited-time promotion to save money and simplify the process. Contact us today to learn more about how we can assist with your appraisal needs and property sale.

At Colorado Estate Services, we’re committed to making probate as stress-free as possible while maximizing the value of estate assets. Let’s work together to make this challenging time easier for you and your family.

Contact us today to get started and claim your free appraisal (up to $650 value)!

If you have any questions regarding the probate process, we’re here to help. Visit our Contact Us page for our emails and phone numbers.

For our free downloadable probate guide for Colorado please visit this PAGE.

How Mediation Helps Resolve Colorado Probate Disputes Quickly and Affordably

DWquale on January 9, 2025

Probate disputes can place immense strain on families, delaying the settlement of an estate and leading to costly litigation. Whether disagreements arise over asset distribution, executor decisions, or the validity of a will, mediation offers a practical and cost-effective alternative to court battles. This guide explains how mediation works in Colorado probate cases, its benefits, and the step-by-step process to resolve disputes amicably.

Common Probate Disputes

Probate disputes often arise from:

  1. Contesting a Will:
    Disagreements regarding the validity of a will, such as claims of undue influence, fraud, or lack of testamentary capacity.
  2. Asset Distribution:
    Conflicts over who inherits specific assets, the value of items, or disputes about fairness among beneficiaries.
  3. Executor Mismanagement:
    Allegations that the executor mishandled estate funds, failed to communicate with beneficiaries, or acted unfairly.
  4. Creditor Claims:
    Disputes regarding outstanding debts or creditor priorities can delay estate resolution and reduce the estate’s value.

How Mediation Works in Colorado Probate

Mediation is a structured process involving a neutral third-party mediator who facilitates communication and negotiation between disputing parties. Unlike litigation, mediation encourages cooperation and allows for flexible, mutually agreeable solutions.

Key Features of Mediation:

  • Neutral Mediator: An unbiased professional guides the conversation without taking sides.
  • Confidential Process: Discussions remain private, unlike public probate court proceedings.
  • Collaborative Focus: Parties work together to reach a fair compromise without court-imposed rulings.

Benefits of Mediation in Probate Disputes

Mediation offers several advantages over traditional litigation, including:

  • Cost-Effective:
    Mediation is significantly less expensive than prolonged court trials, as legal fees and court costs can quickly escalate.
  • Faster Resolution:
    Probate disputes that might take months or years in court can often be resolved in a matter of weeks through mediation.
  • Preserves Family Relationships:
    Litigation can deepen divisions among family members. Mediation encourages cooperation, helping preserve relationships.
  • Flexible Solutions:
    Unlike court rulings, mediation allows parties to craft creative and customized solutions tailored to their unique circumstances.

Steps in the Mediation Process

Here’s a step-by-step breakdown of the mediation process for probate disputes in Colorado:

  • Pre-Mediation Preparation:
    • Gather all relevant documents, such as wills, asset inventories, and executor reports.
    • Identify the key issues to address and clarify goals for resolution.
  • Mediation Sessions:
    • The mediator facilitates discussions, ensuring all parties have a chance to voice their concerns.
    • Parties collaborate to identify common ground and work toward a mutually agreeable solution.
  • Agreement Documentation:
    • Once a resolution is reached, the mediator drafts a legally binding agreement outlining the terms.
    • This agreement is submitted to the probate court for approval, ensuring it complies with Colorado probate laws.

Why Choose Mediation for Probate Disputes?

Mediation is not only faster and more cost-effective but also less adversarial than litigation. By fostering open communication and collaboration, families can avoid the emotional toll of courtroom battles while ensuring the estate is settled efficiently and fairly.


If you’re facing probate disputes in Colorado, mediation can provide a powerful, amicable solution that saves time, money, and relationships. If you’re looking for a qualified mediator in your area, you can visit the the county court’s mediation resource page to find professionals who specialize in probate disputes.

For guidance through the mediation process, consult a probate mediation specialist or Colorado Estate Services for expert support.

Special Considerations for Probate with Minor Beneficiaries in Colorado

DWquale on December 18, 2024

When minor children are beneficiaries in probate, additional safeguards are required to protect their interests. In Colorado, probate proceedings involving minors often involve court oversight and the establishment of trusts or guardianships. This blog highlights key considerations and best practices for managing estates with minor beneficiaries.

Unique Challenges of Minor Beneficiaries

  • Legal Restrictions:
    Minors cannot directly inherit or manage significant assets, requiring alternative arrangements.
  • Guardianship Needs:
    If parents are deceased, guardians must be appointed to care for the minors.
  • Financial Oversight:
    Courts often oversee financial arrangements to ensure the minors’ inheritance is used appropriately.


Strategies to Protect Minor Beneficiaries

  • Establish a Testamentary Trust:
    Create a trust within your will to hold and manage assets until the beneficiaries reach adulthood.
  • Appoint a Guardian:
    Clearly designate a guardian for the minors in your will to avoid court-appointed decisions.
  • Choose a Responsible Trustee:
    Select a trustworthy individual or institution to manage the trust assets on behalf of the minors.
  • Include Age-Based Distributions:
    Structure the trust to distribute funds at specific ages (e.g., 21, 25, 30) to promote financial responsibility.
  • Use Custodial Accounts:
    Consider Uniform Transfers to Minors Act (UTMA) accounts for smaller inheritances, allowing a custodian to manage funds until the minor turns 21.


Court Involvement in Probate
In cases where no trust or guardian is designated, Colorado probate courts may impose guardianships or conservatorships to manage the minors’ assets and personal care. This can lead to delays and additional legal expenses.

Planning ahead is essential when minors are potential beneficiaries in probate. By establishing trusts, appointing guardians, and outlining clear instructions, you can protect their financial future and ensure their needs are met. Work with an estate planning professional to create a comprehensive plan tailored to your family’s circumstances.

If you have any questions regarding the probate process, we’re here to help. Visit our Contact Us page for our emails and phone numbers.

How to Manage Digital Assets During the Probate Process

DWquale on December 16, 2024

Digital assets, such as online accounts, cryptocurrencies, and cloud-based files, are a growing component of modern estates. Yet, they are often overlooked during probate, leading to challenges in accessing, valuating, and transferring them to beneficiaries. Proper management of digital assets is essential during the probate process in Colorado to ensure they are handled legally and effectively.

This guide explores what digital assets are, common challenges in managing them, and steps to include them in your estate plan.

What Are Digital Assets? Digital assets encompass a wide range of items, including:

  • Online Accounts: Email accounts, social media platforms like Facebook and Instagram, and subscription services such as Netflix or Spotify.
  • Cryptocurrencies: Bitcoin, Ethereum, and other digital currencies held in digital wallets or on crypto exchanges.
  • Cloud Storage: Documents, photos, and videos saved in services like Google Drive, Dropbox, or iCloud.
  • Digital Media: Purchased eBooks, music, and online gaming accounts.

Understanding the full scope of digital assets is the first step in managing them during the probate process.

Challenges in Managing Digital Assets

  • Access Issues: Many platforms require usernames, passwords, or two-factor authentication for access. Executors often face difficulties if login credentials are unavailable.
  • Legal Hurdles: Terms of service agreements and privacy laws like the Computer Fraud and Abuse Act can restrict executors from accessing digital accounts without proper documentation.
  • Valuation: Cryptocurrencies and NFTs (non-fungible tokens) are subject to market fluctuations, making accurate valuation difficult. Digital assets also lack the physical presence of traditional assets, adding another layer of complexity.

Steps to Manage Digital Assets

  1. Create an Inventory: List all digital assets, including:
    • Account names.
    • URLs for login pages.
    • Usernames and passwords (stored securely).
  2. Secure Access: Work with a probate attorney to obtain the necessary permissions or court orders to access accounts. Ensure the will or trust includes provisions for digital assets to avoid legal hurdles.
  3. Valuate Digital Assets: For cryptocurrencies and other high-value items, hire professional appraisers familiar with digital asset markets. Accurate valuation is critical for tax and distribution purposes.
  4. Distribute or Close Accounts: Follow platform-specific procedures for transferring ownership to beneficiaries or closing accounts. Examples include transferring crypto wallets or managing digital subscriptions.

Best Practices for Including Digital Assets in Estate Plans

  • Use a Password Manager
    A password manager securely stores credentials and can be shared with a trusted executor. Tools like LastPass or Dashlane can streamline access for executors.
  • Include Digital Assets in Your Will
    Clearly outline how digital assets should be managed, including who should inherit them and how accounts should be handled.
  • Appoint a Digital Executor
    Designate a digital executor familiar with technology and digital platforms to manage these assets during probate.

Managing digital assets during probate is a critical yet often overlooked aspect of estate planning. By taking proactive steps—such as creating a detailed inventory, securing legal access, and updating your estate plan—you can simplify the process and ensure your digital legacy is protected.

If you’re navigating probate in Colorado, consult a probate attorney or reach out to Colorado Estate Services for expert guidance in managing digital assets and ensuring a seamless transition for your beneficiaries.

Safeguard Your Family’s Well-Being: Vital and Revealing Questions to Ask Home Care Providers

DWquale on December 11, 2024

Choosing the right home care service for your loved one is a significant decision that directly affects their comfort, safety, and well-being. Because so many options exist, being thorough and asking the right questions are crucial for making the best choice. Conducting proper research will give you confidence that your family member receives the care they deserve.

To simplify your search, we’ve put together a list of essential questions to ask when evaluating a home care provider. These questions cover everything from caregiver qualifications to emergency protocols, which ensures a well-rounded understanding of each agency’s services and policies.

  1. Are Your Caregivers Bonded and Insured?
    Check if the agency provides liability coverage and insurance for their caregivers. This ensures your peace of mind, especially in case of accidents or incidents.
  2. Are Caregivers Contracted or Full Employees?
    Knowing whether caregivers are contracted or full employees significantly impacts the quality and consistency of care. Typically, full-time employees receive more training and benefits.
  3. What Is the Cost of Your Services?
    Request a detailed breakdown of costs. Be sure to include hourly rates, minimum hour requirements, and any potential extra charges for specialized care.
  4. What Are Your Full Range of Services?
    Make sure the agency can cater to all your loved one’s needs. For instance, they should provide personal care or housekeeping, depending on what your family member requires.
  5. What Is the Community’s Backup Plan for When Caregivers Call in Sick or Don’t Make It to Work?
    Understanding the agency’s contingency plan ensures uninterrupted care for your loved one. Ask how they handle last-minute schedule changes and whether substitute caregivers are readily available.
  6. Is Care Available 24/7?
    Clarify if the agency offers around-the-clock care. Additionally, ask how they handle urgent situations outside regular business hours.
  7. What Are the Minimum Hours of Care?
    Look into the minimum service requirements. For example, some agencies may only provide care for a certain number of hours per visit.
  8. What Is Your Procedure for Emergencies?
    It is crucial to understand emergency protocols. Make sure the agency has a comprehensive plan to address urgent situations effectively.
  9. How Are Problems Addressed and Resolved?
    Ask about the agency’s process for handling complaints and resolving issues. Having a clear and efficient system ensures quality care for your loved one.
  10. Who Do I Contact for Questions or Concerns?
    Identify who to contact for addressing requests, questions, or complaints. A direct point of contact makes communication seamless and effective.
  11. How Quickly Can Service Begin?
    Ask how soon care can be arranged after the initial consultation. This information helps you plan more effectively.

These are just 11 of the crucial questions to ask when choosing a home care provider, but there are many more to consider to ensure the best fit for your loved one. For a comprehensive list and personalized guidance, don’t hesitate to reach out to Kristine Verstraete (303-775-8276) or Marnie Biln (720-837-6306) at All About Seniors or connect with Colorado Estate Services.

The Ultimate Gift: Why Funeral Pre-Planning Matters for Your Loved Ones

DWquale on November 26, 2024

By making plans ahead of time you can alleviate the financial and emotional burden on the people who love you and prevent the chaos and conflict that often arise when people are grieving.

Plus, you get today’s pricing for services long in the future, avoiding the yearly inflation which, according to the national average, can be as high as 7-10%.

At Colorado Estate Services, we are proud to partner with Becky Davis of Stork-Morley Funeral Home in the Denver area to offer this important service.

What Does a Funeral Pre-Planner Do?

A funeral pre-planner, like Becky Davis, guides individuals and families through the process of arranging their final wishes. This includes:

  1. Understanding Personal Preferences: Pre-planners collaborate closely with clients to identify what matters most to them. These conversations often explore religious, cultural, ritual, and familial preferences, among other considerations. They are also dedicated to ensuring clients fully understand the implications of their choices, empowering them to make decisions that reflect their values and priorities.
  2. Selecting Options: Clients learn what choices are available to them and can choose based on their values and what is most important to them. Disposition options in Colorado include conventional burial, green (or natural) burial, cremation by fire, cremation by water, and natural organic reduction (human composting). Making this choice in advance ensures their wishes are honored.
  3. Financial Planning: Pre-planners help clients manage the costs of funeral services by offering prepayment options, locking in today’s prices, and avoiding future inflation. Planning long before services are needed is not only fiscally sound but a kindness to those left behind, sparing them from having to come up with funds in a very short timeframe.
  4. Coordinating Details: From music and readings to floral arrangements and casket selection, pre-planners help finalize every detail.
  5. Providing Peace of Mind: Having these plans in place brings comfort to clients knowing that their families will be better able to focus on grieving and healing when the time comes.

How Funeral Pre-Planning Works

  • Consultation: The process begins with a meeting between the client and the pre-planner to discuss options, wishes, values, and preferences.
  • Customized Plan Development: Once decisions have been made, the pre-planner creates a contract between the client and the funeral home, ensuring every detail aligns with the client’s vision.
  • Budget Review and Payment Options: The advance planner discusses prepayment options with the client creating a payment plan that works best for them. Once the decision is made, the funds are held in escrow with an insurance company, who then pays the funeral home directly at the time of need. This spares family from the added stress of coming up with payment on short notice.
  • Documenting the Plan: The finalized plan is documented and given to the family, along with the insurance paperwork, and copies are securely stored at the funeral home.
  • Ongoing Support: Plans can be adjusted over time to reflect changing circumstances (such as a move) or preferences.

Why Pre-Planning Matters

Funeral pre-planning is a gift to those you leave behind. It reduces the emotional and financial stress of making decisions during an already difficult time. With Becky Davis’s compassionate guidance, families in the Denver area can take proactive steps to ensure their final wishes are met, while sparing loved ones from these additional challenges.

At Colorado Estate Services, we believe in connecting our clients with trusted partners who can help them through all aspects of planning for the future. If you or a loved one is interested in learning more about funeral pre-planning, we encourage you to reach out to Becky Davis at Stork-Morley Funeral Home. Together, we can help you plan with confidence and peace of mind.

For more resources or referrals, contact Colorado Estate Services today.

Get a Free Life & Legacy Planning Session This Thanksgiving

DWquale on November 1, 2024

At Colorado Estate Services, we are committed to guiding families through the probate process with trusted resources and compassionate support. Our mission is to make probate as seamless as possible, leveraging our expertise and collaborating with skilled partners like Kendra Strong to simplify complex legal and estate challenges.


Meet Kendra Strong – Your Personal Family Lawyer

Kendra Strong, founder of Strong Law Firm, shares our dedication to serving families. Her firm specializes in personalized estate planning, ensuring that every aspect of a family’s legacy is carefully managed. With her expert guidance, families can rest assured that their wishes will be executed without unnecessary legal hurdles.


Thanksgiving Special: Free Life and Legacy Planning Session

This holiday season, Kendra Strong is offering a complimentary Life and Legacy Planning Session (valued at $750) for families who complete a simple pre-session homework task. This valuable session addresses essential estate planning topics, such as selecting guardians for children, organizing financial plans, and protecting inheritances.

To learn more or to schedule your free session, visit Strong Law Firm’s website. At Colorado Estate Services, we’re proud to collaborate with Kendra and continue supporting families during life’s most challenging transitions.


Need Help with Probate?

If you have questions about the probate process, we’re here for you. Visit our Contact Us page for emails and phone numbers.