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Tag: Probate

Disinherited Spouse And The Elective Share

Disinherited Spouse And The Elective Share

In Colorado, you can not disinherit a spouse. A surviving spouse omitted or disinherited from a will still has property rights in the estate. Sometimes omitting a spouse is intentional, sometimes negligent. Colorado law entitles a spouse to receive an elective share of the estate or to take against the will. Depending on the length of the marriage, the surviving spouse’s share is between 5% and 50% of the augmented estate. A spouse is defined as someone who is a…

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Estate Planning and Beneficiary Deeds In Colorado

Estate Planning and Beneficiary Deeds In Colorado

In Colorado, a home or real property can transfer from one owner to another by the use of a beneficiary deed. Upon the death of the grantor, the transfer of property passes outside of probate. As with creating a trust or joint tenancy, the use of a beneficiary deed is considered another probate avoidance strategy. Below of some things you should know about beneficiary deeds when considering one in your estate plan: It must be recorded before the death of…

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A Self-Proving Will Makes Probate a Whole Lot Easier

A Self-Proving Will Makes Probate a Whole Lot Easier

Quite often people die without leaving a will, which creates stress and added expense for an estate. Having a self-proving will in your estate plan could save your estate time and money during the probate process. Three Ways to Probate There are three ways to probate an estate in Colorado, by affidavit, formally, and informally.  The easiest way to probate an estate is by affidavit. This occurs when the court issues an affidavit to the personal representative, also known as…

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Colorado’s Vehicle Transfer on Death Law 

Colorado’s Vehicle Transfer on Death Law 

Colorado’s vehicle transfer on death law allows ownership of vehicle to pass to the beneficiary outside of probate, giving individuals the ability to transfer their cars or vehicle to a beneficiary on the death of the owner. Since cars and other vehicles need to be maintained, and they depreciate rapidly, it does not makes sense to have them sitting around for months or even a year in Colorado weather, while waiting for probate to end. Vehicles should be transferred to their new…

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