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To qualify for a small estate probate in Colorado, the estate must not contain any real property (i.e. land, homes, buildings, etc.) and the decedent's personal property must be less than $74,000 (As of 2022).
Finally, if an executor does not distribute the estate, he or she can face some serious penalties, such as being held in contempt of court, fined, or given a jail sentence. A civil lawsuit can also be filed against the executor in an attempt to reclaim what is rightfully yours.
How does the executor's year work? The executors have a number of duties to both creditors and beneficiaries during the administration of the deceased's estate. Starting from the date of death, the executors have 12 months before they have to start distributing the estate.
A small estate affidavit is used and the heirs are not required to go through the probate court for the estate administration process. Probate instructions do require that the devisee or heir collect only the assets they are entitled to receive and distribute other assets to entitled devisees or heirs.
The minimum time for formal and informal probate is six months by law. However, it can take much longer for an estate to be ready for distribution, depending on the size, complexity and any issues that may arise. It's possible that probate could be open for a year or even several years.
Step 1 Wait Ten Days. At least ten (10) days must pass before completing a Colorado small estate affidavit.Step 2 Ensure Eligibility.Step 3 Fill out Form JDF 999.Step 4 Distribute assets.
The term next of kin in Colorado is generally interpreted to mean those persons entitled to take under the statute of descendant and distribution, otherwise known as intestate heirs. In this context, next of kin in Colorado generally are: Surviving spouse. Children and children's descendants. Parents.
Claiming Property With a Simple (Small Estate) AffidavitColorado has a procedure that allows inheritors to skip probate altogether when the value of all the assets left behind is less than a certain amount. All an inheritor has to do is prepare a short document, stating that he or she is entitled to a certain asset.
Step 1 Wait Ten Days. At least ten (10) days must pass before completing a Colorado small estate affidavit.Step 2 Ensure Eligibility.Step 3 Fill out Form JDF 999.Step 4 Distribute assets.
(1) During the period of administration of the estate or trust and until final distribution, a fiduciary has the power to perform, without court authorization, every act reasonably necessary to administer the estate or trust, including but not limited to the powers specified in subsection (2) of this section.