If You Have a Will, Do You Need Probate in Colorado?

DWquale on October 1, 2026

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.

What Is an MDPOA and Why Every Family Needs One

DWquale on July 15, 2025

When a loved one begins to age or faces a serious health diagnosis, one of the most important legal decisions a family can make is establishing a Medical Durable Power of Attorney (MDPOA). This vital document allows someone to legally make healthcare decisions on anothers behalf if they become unable to speak for themselves.

But even with paperwork in place, navigating real-life medical crises and end-of-life care decisions can be overwhelming. That’s where professionals like Debra Kooser at NorthStar Elder Solutions step in, not just to help with documents, but to guide families with compassion, clarity, and years of hands-on experience.

What Is a Medical Durable Power of Attorney?

A Medical Durable Power of Attorney gives a trusted individual the legal authority to make medical decisions for someone else (the principal) when that person is incapacitated or unable to communicate. This can include decisions about treatments, procedures, nursing care, hospice, and even life support. It is durable because it remains in effect even after the principal loses capacity.

Unlike a living will, which outlines preferences but doesn’t assign a decision-maker, an MDPOA ensures there’s a real person, often a family member or professional advocate, ready and able to step in when critical healthcare choices arise.

How Debra at NorthStar Elder Solutions Supports Families

Debra, the founder of NorthStar Elder Solutions, has served as a Medical Durable Power of Attorney for multiple clients and brings deep experience in navigating the complex realities of elder care.

Whether she appointed as an MDPOA or working behind the scenes to support someone who has been, Debra role often includes:

  • Helping families understand what care options are available
  • Coordinating with doctors, hospitals, and long-term care providers
  • Advocating for her clients medical preferences
  • Preventing unnecessary hospitalizations or overly aggressive treatments
  • Acting as a calm, informed voice when emotions are running high

Debra’s approach is grounded in years of experience working with aging individuals and their loved ones, and her clients consistently describe her as steady, reliable, and deeply compassionate. For families facing overwhelming choices, she becomes a guide, advocate, and trusted presence.

When to Reach Out

If you’re caring for an aging parent, helping a loved one plan ahead, or managing a complex medical or estate situation, having an experienced MDPOA or someone who can coach you through the process is invaluable.

Debra Levy at NorthStar Elder Solutions is an exceptional resource for:

  • Serving as a neutral MDPOA when no family is available or appropriate
  • Supporting individuals who have been named MDPOA but feel unsure of what to expect
  • Navigating transitions to assisted living, hospice, or in-home care
  • Acting as a liaison between healthcare providers and families

A Trusted Partner in Difficult Times

At Colorado Estate Services, we often see how interconnected legal, medical, and real estate decisions become when a family member ages, falls ill, or passes away. We’re proud to work alongside partners like Debra who understand the human side of this process and who step in with integrity when families need help the most.

You can learn more about Debra’s services at www.northstareldersolutions.com

And as always, if you or your clients need help with estate-related real estate, we’re here to guide the process every step of the way.

How to Build a Colorado Business Succession Plan

DWquale on February 20, 2025

Effective business succession planning is essential for ensuring the longevity and stability of your enterprise, especially in Colorado’s dynamic economic landscape. At Colorado Estate Services, we understand the complexities involved in transitioning business ownership and are committed to facilitating seamless successions for our clients.

To enhance our services, we have partnered with Hedberg Law Firm, a trusted firm specializing in comprehensive business planning solutions.

Understanding Business Succession Planning

Succession planning ensures businesses continue to operate smoothly during leadership transitions. Key components of a robust succession plan include:

  • Start-up and Formation: Establishing a solid legal and structural foundation for your business.
  • Operating Agreements, Articles, and Bylaws: Defining roles and responsibilities to prevent conflicts.
  • Purchase and Sale of Businesses: Facilitating ownership changes while aligning with strategic goals.
  • Adding or Removing Partners: Managing partnership changes for stability and efficiency.
  • Business Succession Plans: Strategies like Buy/Sell Agreements, Employee Purchase Rights, and Inheritance Plans for seamless ownership transitions.
  • Employee Retention Plans: Implementing tools such as Deferred Compensation Plans and Profit Sharing to retain top talent.

Addressing these areas helps businesses mitigate risks and preserve their legacy for future generations.

The Expertise of Hedberg Law Firm

With over 15 years of experience, Hedberg Law Firm represents clients through every phase of the business life cycle, from inception to succession. Their expertise ensures customized business succession plans that meet unique client goals.

Why Choose Colorado Estate Services and Hedberg Law Firm?

Our partnership offers a holistic approach to securing your business’s future. Colorado Estate Services provides estate expertise, while Hedberg Law Firm delivers tailored legal strategies for business continuity. Together, we ensure smooth transitions and the preservation of your company’s legacy.

For more details about how Hedberg Law Firm can assist with your business succession planning, visit their website at Hedberg Law Firm Business Planning.

Let Colorado Estate Services and Hedberg Law Firm help you protect what you’ve built. Contact us today to discuss your business and estate planning needs.

Avoid Probate in Colorado with Better Estate Planning

DWquale on January 23, 2025

Avoiding probate is a crucial step in protecting your loved ones and ensuring a smooth transition of your assets. Probate can be a lengthy, expensive, and public process, but with proper planning, you can bypass it entirely. By using the right tools and strategies, you can save time, reduce costs, and maintain privacy for your family.

Key Strategies to Avoid Probate

  1. Create a Living Trust
    • A living trust is one of the most effective ways to avoid probate. Assets placed in a trust transfer directly to beneficiaries without court involvement. A trustee manages the assets and distributes them according to your wishes, ensuring privacy and reducing delays.
  2. Use Beneficiary Designations
    • Designate beneficiaries for accounts such as:
      • IRAs and 401(k) accounts
      • Life insurance policies
      • Retirement accounts
    • Keep these designations up to date, particularly after life changes like marriage, divorce, or the birth of a child. This ensures assets go to the intended recipients without complications.
  3. Joint Ownership of Property
    • Jointly owned assets automatically transfer to the surviving owner upon death. This is a simple and effective method for real estate, bank accounts, and other significant assets.

Additional Tools to Consider

  • Transfer-on-Death (TOD) Designations: In states like Colorado, you can add TOD designations to assets like real estate and vehicles. These assets transfer directly to beneficiaries without going through probate.
  • Payable-on-Death (POD) Accounts: Add POD designations to bank accounts, allowing funds to pass directly to the named beneficiary.
  • Gifting Assets: Reduce your estate size and avoid probate by giving assets to loved ones during your lifetime. Consult a tax professional to navigate potential gift tax implications.

Benefits of Avoiding Probate

  • Faster Asset Access: Beneficiaries receive assets quickly, helping them meet financial needs without delays.
  • Lower Costs: Avoiding court fees and legal expenses preserves more of your estate’s value for your heirs.
  • Privacy: Probate records are public, but strategies like trusts and direct transfers keep your financial matters confidential.
  • Reduced Conflict: Clear planning minimizes disputes among beneficiaries, as your intentions are explicitly outlined.

Challenges and Considerations

While these strategies are effective, they require careful implementation:

  • Ensure your trust is properly funded; assets not included in the trust may still go through probate.
  • Regularly review and update your estate plan to align with your current wishes and life circumstances.
  • Work with an experienced attorney to avoid errors and tailor a plan to your specific needs.


By taking proactive steps to avoid probate, you can protect your loved ones from unnecessary stress and expenses. Tools like living trusts, beneficiary designations, and TOD/POD accounts offer practical solutions to ensure a smooth transfer of assets. Regularly review your estate plan with a qualified professional to keep it current and effective. With proper planning, you can preserve your legacy, reduce conflicts, and provide peace of mind for your family.

For professional guidance on updating your estate plan after divorce, reach out to a Colorado probate attorney or contact us at Colorado Estate Services to ensure your wishes are fully protected.

No Will? 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.

What You Should Know About Divorce and Estate Planning

DWquale on January 2, 2025

Divorce brings significant changes to your life, including your estate plans and probate considerations. While Colorado law automatically revokes certain provisions benefiting an ex-spouse, relying solely on these rules can lead to unintended consequences. Failure to update your estate plan after a divorce may result in conflicts, outdated beneficiary designations, and legal complications. This guide explores how divorce affects estate plans, what probate courts enforce, and actionable steps to protect your legacy.

Key Impacts of Divorce on Estate Plans

  1. Revocation of Ex-Spouse Provisions
    • Colorado law automatically invalidates provisions in wills and trusts that benefit an ex-spouse. You can read more in C.R.S. § 15-11-804, which outlines these revocation rules in detail. This includes:
      • Inheritance rights.
      • Appointment as executor or trustee.
    • However, this does not update all legal documents or designations, especially those outside of probate.
  2. Changes to Beneficiary Designations
    • Life insurance policies, retirement accounts, and payable-on-death (POD) accounts often retain outdated beneficiary information.
    • Divorce does not automatically revoke these designations, which can result in assets unintentionally going to an ex-spouse.
  3. Guardianship for Minor Children
    • Divorce requires special attention to guardianship. If one parent passes away, the other parent often assumes custody, but backup plans should address:
      • Financial support for minors.
      • Alternate guardians if both parents are unavailable.

Steps to Update Your Estate Plan After Divorce

To align your estate plan with your post-divorce wishes, follow these critical steps:

  1. Revise Your Will
    • Create a new will or update your current one to remove provisions benefiting your ex-spouse.
    • Include updated beneficiaries, executors, and guardianship instructions.
  2. Update Beneficiary Designations
    • Review and change beneficiaries for life insurance policies, IRAs, 401(k)s, bank accounts, and any TOD/POD accounts.
    • Ensure that designations align with your new estate plan to avoid disputes.
  3. Adjust Trust Documents
    • Update or revoke existing trusts where your ex-spouse is named as trustee or beneficiary.
    • Consider creating a new trust to protect your children or other heirs.
  4. Reevaluate Powers of Attorney
    • Replace financial and medical powers of attorney that name your ex-spouse as your agent.
    • Assign a trusted family member, friend, or professional to act on your behalf.
  5. Address Jointly Owned Property
    • Determine how joint assets (real estate, vehicles, financial accounts) will be titled post-divorce.
    • Retitle assets to reflect your individual ownership where applicable.

The Role of Probate After Divorce

If your estate plan is not updated after divorce, probate courts will enforce Colorado’s automatic revocation rules. However, these rules have limitations:

  • Non-Probate Assets: Beneficiary designations on retirement accounts or life insurance policies remain unchanged unless you update them.
  • Partial Plans: Outdated wills or trusts can create gaps in your estate plan, leading to disputes among heirs and costly court battles.
  • Court Delays: Without clear, updated instructions, probate courts may impose solutions that don’t align with your wishes.

Divorce significantly impacts your estate plan and probate proceedings. Relying on automatic laws isn’t enough to protect your assets and beneficiaries. By proactively revising your will, updating designations, and addressing guardianship concerns, you can ensure your estate plan reflects your new life and intentions.

For professional guidance on updating your estate plan after divorce, reach out to a Colorado probate attorney or contact us at Colorado Estate Services to ensure your wishes are fully protected.

We are not attorneys and do not provide legal advice.

Special Probate Rules for Minors in Colorado

DWquale on December 18, 2024

When minor children are named as beneficiaries in a probate estate, unique legal and emotional considerations come into play. In Colorado, the law includes specific protections for minors to ensure their inheritance is managed responsibly until they come of age. If you’re an executor, personal representative, or family member dealing with this situation, understanding these rules is critical to safeguarding a child’s future.

This guide outlines key challenges and proven strategies for managing probate when minor beneficiaries are involved, and how thoughtful planning can help avoid court delays and costly legal oversight.

Why Minor Beneficiaries Present Unique Probate Challenges

Minors (anyone under age 18 in Colorado) cannot legally manage or directly inherit significant financial assets. As a result, probate cases involving minor heirs require additional court oversight to ensure their inheritance is properly managed. Here are some of the key legal hurdles:

Legal Restrictions

Children under 18 cannot hold legal title to substantial property or manage large sums of money. Without a plan, the court will need to intervene and appoint someone to act on the minor’s behalf.

Guardianship Requirements

If the child’s parents are deceased or unable to serve as guardians, the court must appoint a legal guardian for the child’s personal care. This can cause delays and conflict if no guardian was named in the will.

Financial Oversight

When minors inherit assets, the court may require the appointment of a conservator to manage the funds. The conservator must report to the court regularly, and all financial decisions must prioritize the child’s best interest. This adds cost, time, and complexity to the probate process.

Strategies to Protect and Support Minor Beneficiaries

Planning ahead is the best way to ensure that a minor child’s inheritance is preserved and responsibly managed. Below are several legal tools and best practices commonly used in Colorado:

  • Establish a Testamentary Trust
    • A testamentary trust is created in your will and goes into effect upon your death. It allows you to specify how and when assets are distributed to the minor. The trust is managed by a trustee of your choosing and can prevent court-ordered conservatorships.
  • Appoint a Legal Guardian
    • Naming a guardian in your will ensures that someone you trust is responsible for the child’s well-being. Without this, the court decides who will raise your child—a process that can be contentious and stressful for surviving relatives.
  • Select a Trustworthy Trustee
    • Choose a capable and ethical individual or financial institution to manage the trust assets. This person or entity will be responsible for managing funds and making distributions in the child’s best interest.
  • Use Age-Based Distributions
    • Rather than granting the full inheritance at age 18, structure the trust to distribute funds at various milestones (e.g., 21, 25, 30). This gives young adults more time to mature and make thoughtful financial decisions.
  • Consider a UTMA Account
    • For smaller inheritances, the Colorado Uniform Transfers to Minors Act (UTMA) allows you to transfer funds into a custodial account managed by an adult until the child turns 21. This is a simpler option for modest assets without needing a full trust.

The Role of Colorado Probate Courts

When no pre-planning has been done, the probate court must step in to appoint guardians and conservators, which can increase the emotional and financial burden on families. Court-appointed conservators must follow strict reporting rules and often require attorney involvement, creating delays and legal expenses. For more details on how Colorado courts handle guardianships and conservatorships for minors, visit the Colorado Judicial Branch’s official forms and information page.

By taking proactive steps, families can reduce the need for court involvement and make sure that children are cared for and financially secure, even during life’s most difficult transitions.

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.

The Ultimate Gift: Why Funeral Pre-Planning Matters

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.

Expert Advice: Managing After Loss Planning Without a Will

ColoradoEstateServices on October 10, 2024

Consider this question: if something were to have happened to you yesterday, what would the people in your life not know that they need to know? Often, the answer to this question is everything.

When it comes to after loss planning, having a comprehensive estate plan in place is undeniably advantageous. However, not everyone manages to get one in place before it’s too late. Without a formal estate plan, the process can be more complex and challenging for loved ones left behind. Beyond the legal realm, it is also vital to consider other areas of preparation.

In knowing how daunting it can be to meticulously document and make accessible the important aspects of your life, we have outlined some of the key areas for consideration to help get you started.

  • Legal Considerations
    • Estate Plan Documents: A trusted attorney from the Opfer Campbell Beck team can assist you with determining what exactly needs to go into your unique estate plan. These documents will outline how you want assets distributed, who will manage your affairs, and more. Without having these in place, the state may decide for you, which may not align with your wishes.
      • Wills and Trusts
        • Powers of Attorney (Healthcare and Durable)
          • Medical Directives
            • Guardianship Designations
  • Financial Considerations
    • Inventory of Financial Accounts: It is essential to create a full inventory of your financial life to ensure your people can locate and manage your finances effectively when you are no longer able to. Consider your assets, income, liabilities, and insurance policies. Ensure these are stored in a secure physical location or using a trusted online operating system such as Trustworthy or Everplans.
    • Beneficiary Designations: Ensure all eligible accounts have designated beneficiaries. This includes retirement accounts, life insurance policies, and payable-on-death (POD) accounts. These designations supersede what is written in your will, so be sure to keep them up to date.
  • Other Essential Categories
    • Essential Contact Lists: Compile a list of key contacts, including family members, close friends, neighbors, legal advisors, financial planners, physicians, home cleaners, and other relevant professionals that may need to be contacted if you were to become incapacitated.
    • Directory of Important Items: Create a directory that outlines where important documents are located. This includes documents like birth certificates, marriage licenses, passports, property deeds, tax records, and more.
    • Care Information for Children and Pets: In addition to having the legal side of guardianship in place, it is important to provide detailed care instructions for both children and pets. Consider including information about daily routines, medical conditions and history, favorite activities, and important contact information for physicians/veterinarians.
    • Real and Personal Property: List all real estate properties you own, including their locations and any mortgage information. For personal property, include descriptions and any available information on valuable items such as jewelry, collectibles, and vehicles.
    • Digital Inventory and Legacy: Document your digital footprint, including email accounts, social media profiles, and any online subscriptions. Set up legacy and emergency contacts where possible (Meta, Apple and Google all have options to do so) and consider including login information using a secure password manager like Bitwarden, Dashlane, or LastPass.
    • Business Ownership Tasks: If you own a business, outline what needs to be done to ensure a smooth transition. Include details about your business partners, employees, key customers, and suppliers.
    • Aging Care Wishes: Document your preferences for aging care, such as living arrangements, medical care, and end-of-life wishes.
    • Remembrance Wishes: Outline your wishes for memorial services or celebrations of life. This can include specifics about the type of service you want, readings, music, and any other personal touches.

Taking Action Today

While this list is a thorough place to begin, each of us leads a life with unique considerations when it comes to legacy and estate planning. By addressing these areas as well as any other pertinent areas of your life, you create a comprehensive after loss plan that provides peace of mind to you, and eases the burden on your people during an already difficult time. Planning without an estate plan requires detailed organization and clear documentation. Start today by compiling this essential information, and consider reaching out to professionals for further guidance and support along the way.

______________________________________________________________________________

Author: Kylee Bandy, After Loss Advisors LLC

Kylee Bandy is the founder of After Loss Advisors, a firm specializing in legacy and estate organization as well as after-loss consulting. After the death of her father in 2018, Kylee learned firsthand the “business side of death” – namely the logistical struggles that can come alongside settling a loved one’s estate. Through her professional background in sales leadership and project management, along with her personal experiences with death, Kylee brings a unique blend of organizational skills and empathy to her work.

After Loss Advisors is here to support you every step of the way, ensuring no stone is left unturned in your planning process. Following a complimentary consultation, we formulate a customized plan and guide you to make the process as smooth and stress-free as possible.

At Colorado Estate Services, we are proud to partner with After Loss Advisors to ensure that both estates and Personal Representatives (PRs) receive the highest level of care and expertise. By combining our real estate services with their specialized legacy organization and after-loss consulting, we offer a comprehensive approach to estate management. Together, we help families navigate the complexities of probate and estate sales with personalized support, ensuring smooth transactions and peace of mind during an already challenging time.

To contact Kylee, reach out through Colorado Estate Services, visit her website at After Loss Advisors, or call her directly at 970.439.0592.

Estate Management Made Easy: Legacy & After Loss Consulting

ColoradoEstateServices on October 10, 2024

Whether you’ve personally been through it or know someone who has, you understand how overwhelming it can be to not be prepared for life’s most difficult moments. We’re talking about the unavoidable “D” — Death. When the time comes, the emotional toll can be compounded by the stress of managing legal documents, financial accounts, and personal affairs.

Filing a Will vs. Opening Probate in Colorado

ColoradoEstateServices on September 5, 2024

When a loved one passes away, the question often arises: Do I have to file probate if there’s a will? The answer, in most cases, is yes. Even if there is a valid will, probate is typically required to legally transfer ownership of the deceased’s assets to the beneficiaries named in the will. Here’s a detailed look at why probate is necessary and how the Cobb Home Team can assist you during this process.