Colorado Formal Probate

All wills and intestate estates (an intestate estate is one for which there is no will) in the State of Colorado must be probated, which is why it's valuable to have a working knowledge of probate law.

Formal probate involves a petition , a hearing or trial before a Judge or Court Commissioner who resolves the issues with a final court order . Informal Probate only requires an application, no hearing or trial, and is administered by a court official known as the Probate Registrar .

Uncontested estates (informal). The informal process is generally allowed when there is a valid will or clear intestacy, no contests are expected, and there is a qualified personal representative ready to be appointed.

No probate is necessary. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts or other valuable property together. Colorado is one of just a few states that allows owners, called joint tenants, to own unequal shares.

Informal probate is handled by a magistrate, not a judge. There are no hearings. It is a simple, straightforward, expedited process. In fact, informal probate can be completed in as little as seven days after a loved one's death.

In general, there are two types of probate formal and informal. Formal probate is what most people think about when they hear the word probate.

Informal Probate Vs. Formal Probate. According to Massachusetts law, informal probate is only applicable when all the beneficiaries and heirs agree to the decedent's division of assets. In case of disagreement between the beneficiaries, formal probate is needed for dividing assets.

Informal probate allows the estate to be probated through an administrative process without any court involvement and no court hearings. The estate is opened by an application and can be opened the day that the application is filed, or within a few days.

In 1973, Colorado approved and enacted the Uniform Probate Code (UPC) to simplify and streamline the probate process and move toward standardizing laws surrounding wills, trusts and intestate cases (people who pass away without a will or trust). Colorado is just one of 19 states that has adopted the UPC.