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Two adult witnesses are necessary to make a will enforceable and valid in the Colorado probate courts. Individuals may also sign the document in the presence of a notary public instead of two private witnesses.
Letters of Testamentary, along with a valid death certificate, usually are enough to allow the Executor to handle all basic financial and formal duties needed to close out an estate. With these documents, an Executor can pay off debts and taxes the estate may owe, and access and close out accounts the decedent owned.
By Petition to the Court (Formal Proceeding). The Probate Judge, Magistrate or Registrar may appoint a Personal Representative and determine Heirs after notice to all Interested Persons and after hearing on any objections. If you need assistance with legal decisions, you should contact an attorney.
The court may require that the personal representative get its approval for every transaction or may allow the personal representative to administer the estate unsupervised. 2. Will my estate have to go through probate? All wills and intestate estates must be probated.
*Note: Colorado law requires that a decedent's will be filed (lodged) with the District Court in which the decedent was domiciled within ten days of the decedent's passing, even if no probate administration is expected.
Steps to Create a Will in Colorado Decide what property to include in your will. Decide who will inherit your property. Choose an executor to handle your estate. Choose a guardian for your children. Choose someone to manage children's property. Make your will. Sign your will in front of witnesses.
* You should file your paperwork to open the estate in the District Court in the county where the Decedent lived. If the Decedent lived in another state, you can file your paperwork in any county in Colorado where they owned property. To find a District Court, click on Courts by County.
A will must be in writing and signed by the testator. If the testator is physically unable to sign his will, another person can sign the will on behalf of the testator, with the testator's permission.