If You Have a Will, Do You Need Probate in Colorado?
One of the most common misconceptions about probate is that having a will means an estate can avoid the probate process entirely.
In Colorado, having a will does not automatically mean you can avoid probate.
A will provides instructions for how someone wants their property distributed after death and may name the person they want to serve as Personal Representative. But depending on how assets are owned and transferred, the estate may still need to go through probate before those instructions can be carried out.
What Does a Will Actually Do?
A will can identify beneficiaries, specify who should receive certain property and nominate a Personal Representative to administer the estate.
When probate is necessary, the will becomes an important part of that process. For an informal probate with a will, Colorado requires the original will to be provided to the court. Once the appropriate documents have been accepted, the Personal Representative can receive Letters Testamentary establishing their authority to act on behalf of the estate. Colorado Judicial Branch
When Is Probate Necessary in Colorado?
Whether probate is required depends more on what the deceased person owned and how those assets were titled than simply whether they had a will.
Some assets can transfer outside probate. Examples can include property held in certain trusts, accounts with valid beneficiary designations and property owned in a manner that provides for transfer to another owner at death.
Colorado also provides a small-estate procedure for qualifying estates involving personal property. However, the Colorado Judicial Branch notes that this procedure is available only when the estate meets the applicable requirements and no real estate needs to be transferred through the estate. Colorado Judicial Branch
That means real estate is often one of the biggest reasons families need to determine whether probate is necessary.
What Happens When the Estate Owns a House?
Once a Personal Representative has been properly appointed, they receive documentation establishing their authority to administer the estate.
From there, the property may need to be secured, maintained, valued, cleaned out, repaired or eventually sold.
This is also where an estate can quickly become more complicated. A vacant property may still have utilities, insurance, landscaping, personal property, maintenance and other issues that need attention while probate moves forward.
Does Having a Trust Avoid Probate?
A properly established and funded trust can allow assets owned by the trust to pass outside the probate estate. However, simply having trust documents does not necessarily mean every asset was actually transferred into the trust.
Real estate ownership should be reviewed carefully to determine exactly how the property is titled.
What Should You Do First?
If you’re unsure whether an estate needs to go through probate, an estate or probate attorney can review the will, ownership of the assets and the specific circumstances of the estate.
If real estate is involved, Colorado Estate Services can help with the property side of the process.
We work with Personal Representatives, families, fiduciaries and attorneys throughout the Denver area to coordinate everything from securing the property and removing personal belongings to repairs, valuations and ultimately the sale of the home.
Have a property involved in a Colorado estate? Contact Colorado Estate Services to discuss the property and what needs to happen next.




















