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A Letter of Testamentary?sometimes called a "Letter of Administration" or "Letter of Representation"?is a document granted by a local court. The document simply states that you are the legal executor for a particular estate and that you have the ability to act as such.
Assets subject to probate in Colorado include real estate titled only in the name of the person who died, or other assets they owned if the total combined value is $64,000.00 or more. Someone who dies may have only ?non-probate? assets.
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.
Probate is only necessary if there is a will: Even if there is no will, the probate process may still be necessary to distribute the deceased person's assets. When there is no will, the court will appoint an administrator to oversee the probate process and distribute the assets ing to Colorado's intestacy laws.
Informal probate involves filing certain probate forms with the probate court in the county where the decedent lived at the time of their death. Informal probate differs from formal probate because the probate court isn't as involved with the probate action.
A living trust can avoid probate through the following steps: an individual makes a trust document and names a trustee that will take effect after the individual's death. Before death, the individual creating the trust is the trustee, and will transfer ownership of the property in question to the trust.
Whether or not you have a will when you die, if you have $50,000 or less in personal property (includes bank accounts and cash) and no real property, your devisees or heirs may collect your assets by using an affidavit and not have to open a probate action through the court.
If you are curious about your role as PR or need to obtain Letters Testamentary, call (720) 513-2299 to set up a flat-rate* legal consult with a probate attorney. The probate court will then issue Letters of Administration if someone passes without a will or Letters Testamentary if someone passes with a will.