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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).
Personal Representative: A person at least 21, resident or non-resident of Colorado, who has been appointed to administer the estate of the Decedent; previously referred to as Executor/Executrix.
What Is a Personal Representative? A personal representative (or legal personal representative), also known as the executor, is the individual chosen to administer the estate of a deceased person. They are designated as such by the decedent or by a court.
Even without a statutory guideline on executor fees in Colorado, the general understanding among legal professionals suggests that an executor can expect to receive about 2-5% of the estate's value. However, this percentage can vary based on the specifics of the estate and the executor's duties.
However, probate is usually unnecessary if the deceased person holds all their property jointly with their spouse. In this case, no probate proceeding will be necessary as the property can be transferred into the sole name of the surviving spouse, without the need to go through the probate process.
(7) A personal representative appointed by a court of the decedent's domicile has priority over all other persons except where the decedent's will nominates different persons to be personal representative in this state and in the state of domicile.
The small estate affidavit is a legal document that must be completed and signed by the person entitled to receive the deceased person's assets. It must be filed with the court in the county where the deceased person lived, along with a certified copy of the death certificate.
There is not a major difference between an executor and a personal representative, as both are often used interchangeably. A judge appoints an executor to oversee a person's estate after they die. That includes administering their possessions and property.