Why Small Estates Now Skip Court Entirely

A Threshold That Genuinely Changes Every Year Colorado adjusts its small estate affidavit threshold annually for inflation, meaning the dollar amount that actually determines whether a family can skip formal probate genuinely shifts from year to year. Understanding this framework matters considerably for anyone in Colorado handling a loved one's estate. Many families genuinely assume the small estate process automatically...

Who Decides When No Agent Was Named

Under C.R.S. Section 15-14-506, a medical durable power of attorney lets you name an agent who can consent to or refuse medical treatment on your behalf if you lose the capacity to make those decisions yourself. This agent has the same rights of access to your medical records that you would have, and generally follows any specific directions you included...

Do I Need Witnesses and a Notary Both

No. Under C.R.S. Section 15-11-502, a will is valid if it is signed by the testator and either signed by two witnesses within a reasonable time after witnessing the signing, or acknowledged by the testator before a notary public. Colorado only requires one of these two paths, not both, which differs from the stricter dual requirement some other states impose....

Why a Signed Document Alone Protects Nothing

A trust only avoids probate for assets that were actually transferred into it during the grantor's lifetime, a process called funding. Signing the trust document creates the legal structure, but it does not, by itself, move any property into that structure. Under Colorado's Uniform Trust Code, a revocable trust exists as its own legal entity, but that entity only owns...

Your Trust and the Senior Tax Exemption

Many Loveland homeowners put off moving a house into a revocable trust because they worry the deed change will cost them their property tax exemption. It is a fair concern, and it comes up most often in late summer, when the county sends its annual reminders about exemption filing deadlines. Colorado law addresses the situation directly, though the answer depends...

The Court Track Most Colorado Estates Use

Colorado is one of a relatively small number of states to adopt the Uniform Probate Code, a framework designed to make probate faster and less court-intensive than the older systems many other states still use. Under this structure, estates generally proceed through one of two tracks. Informal probate is governed by C.R.S. Section 15-12-301, and it is the track most...

Colorado’s 2026 Community Property Change

Colorado draws steady migration from states that treat marital assets as community property. A new state law changes how some of that property is handled when the first spouse dies, and it now reaches real estate sitting in Colorado regardless of where the owner was living at the end of life. For couples who bought here after years in California,...

The Shortcut Available to Small Estates

Under C.R.S. Section 15-12-1201, heirs can collect a decedent's personal property using a sworn affidavit rather than opening a probate case, as long as the total value of the estate's personal property falls under a threshold that adjusts each year for inflation. For deaths occurring in 2026, that threshold sits at $88,000. This yearly adjustment means the exact dollar figure...

Creditors in Colorado Probate Explained

One of the most important functions of the Colorado probate process is giving creditors of the deceased a structured opportunity to present claims against the estate before assets are distributed to heirs. This creditor process is governed by specific rules that affect how long probate takes, what debts get paid, and what protections personal representatives have after distributions are made....

How Colorado Trusts Are Taxed

Trusts are powerful estate planning tools, but they come with their own tax considerations. Colorado residents who use trusts as part of their estate plan need to understand how those trusts are taxed at both the federal and state level, because the tax treatment depends on the type of trust, who controls it, and when distributions are made. How Does...

Living Trusts and Privacy in Colorado

When someone dies with assets that must pass through probate in Colorado, that process becomes part of the public record. The will, the inventory of assets, the names of beneficiaries, and the details of how the estate is distributed can all be accessed by anyone who takes the time to look. A living trust offers a straightforward way to avoid...

Understanding Colorado’s Intestacy Laws

When a Colorado resident dies without a will, trust, or other estate planning documents in place, the state steps in to determine what happens to their assets. That process, governed by Colorado's intestacy laws, follows a fixed formula that does not account for personal relationships, family dynamics, or the wishes the person never got around to putting in writing. How...

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