{"id":1156,"date":"2023-04-05T09:10:16","date_gmt":"2023-04-05T09:10:16","guid":{"rendered":"https:\/\/epicdevsite.info\/old-Evanscase-May2025\/?p=1156"},"modified":"2023-04-13T15:24:15","modified_gmt":"2023-04-13T15:24:15","slug":"when-is-probate-required","status":"publish","type":"post","link":"https:\/\/epicdevsite.info\/old-Evanscase-May2025\/when-is-probate-required\/","title":{"rendered":"When Is Probate Required?"},"content":{"rendered":"<h2>In What Instances is Probate Required in Colorado?<\/h2>\n<p><img loading=\"lazy\" decoding=\"async\" style=\"float: left; padding: 10px;\" src=\"https:\/\/epicdevsite.info\/old-Evanscase-May2025\/wp-content\/uploads\/2022\/09\/probate.jpg\" alt=\"attorney and client at a probate hearing\" width=\"300\" height=\"200\" \/>Probate is a fairly common legal procedure and much simpler than many think. It is the legal process through which assets are passed from a deceased person to their heirs and beneficiaries.<\/p>\n<p>Probate is not always needed when a person passes away. It depends on various factors, including the type of property owned by the decedent and the state laws where the decedent resided.<\/p>\n<h3>What is Probate Required?<\/h3>\n<p>It is generally understood that if a person has died and left behind a will, probate will be required to carry out the provisions of that will. This is generally true and is known as a testate estate. In some cases, the will might be contested, not very clearly written, or even invalid. In these cases, a court must be much more included in the probate process.<\/p>\n<p>However, probate is also needed if a person has died and has not left behind a will. This is known as a testate estate. When a person who owns property dies without a will, a probate process is carried out to ensure that the property is distributed correctly according to the state's inheritance law.<\/p>\n<p>There is also the instance of a small estate probate. This is a simplified probate process for estates or properties that are not very high in value. In Colorado, properties and estates valued under $68,000 are considered small estates. A small estate probate process is implemented if a person owning less than $68,000 worth of property dies with or without a will.<\/p>\n<h3>When is Probate Not Required?<\/h3>\n<p>Some assets are automatically transferred to a decedent's heirs or beneficiaries without the need for probate. Some examples of such assets include:<\/p>\n<ul>\n<li>Assets like retirement accounts that already have valid beneficiaries declared<\/li>\n<li>Assets that are part of a living trust<\/li>\n<li>Assets that are jointly owned with the beneficiary having rights of survivorship<\/li>\n<li>Life insurance that has a valid beneficiary declared<\/li>\n<\/ul>\n<h3>Get in Touch with Evans Case for Probate Law in Denver, Co<\/h3>\n<p>If you have any other questions relating to probates that we haven\u2019t answered or if you are in search of a probate attorney, get in touch with Evans Case.<\/p>\n<p>Evans Case is a full-service Denver estate planning law firm with over 110 years of experience. To get you started, we can offer you a no-cost, no-obligation initial consultation with our experienced probate attorneys.<\/p>\n<p>Call\u00a0us at (303) 722 8000\u00a0or <a href=\"https:\/\/epicdevsite.info\/old-Evanscase-May2025\/contact\/\">contact us<\/a> on our website for a free 30-minute consultation.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Keith Lapuyade: (Bar Fellows President) is a partner at Evans Case and has over 30 years of litigation experience. His practice focuses on trust, estate and fiduciary liability litigation.<\/p>\n","protected":false},"author":1,"featured_media":384,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"ngg_post_thumbnail":0,"footnotes":""},"categories":[49],"tags":[],"class_list":["post-1156","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-probate"],"_links":{"self":[{"href":"https:\/\/epicdevsite.info\/old-Evanscase-May2025\/wp-json\/wp\/v2\/posts\/1156","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/epicdevsite.info\/old-Evanscase-May2025\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/epicdevsite.info\/old-Evanscase-May2025\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/epicdevsite.info\/old-Evanscase-May2025\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/epicdevsite.info\/old-Evanscase-May2025\/wp-json\/wp\/v2\/comments?post=1156"}],"version-history":[{"count":3,"href":"https:\/\/epicdevsite.info\/old-Evanscase-May2025\/wp-json\/wp\/v2\/posts\/1156\/revisions"}],"predecessor-version":[{"id":1163,"href":"https:\/\/epicdevsite.info\/old-Evanscase-May2025\/wp-json\/wp\/v2\/posts\/1156\/revisions\/1163"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/epicdevsite.info\/old-Evanscase-May2025\/wp-json\/wp\/v2\/media\/384"}],"wp:attachment":[{"href":"https:\/\/epicdevsite.info\/old-Evanscase-May2025\/wp-json\/wp\/v2\/media?parent=1156"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/epicdevsite.info\/old-Evanscase-May2025\/wp-json\/wp\/v2\/categories?post=1156"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/epicdevsite.info\/old-Evanscase-May2025\/wp-json\/wp\/v2\/tags?post=1156"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}