Colorado Law: Death Without a Will

By Marie Murdock

You may want to bypass the probate process when planning a Colorado estate. Methods of disposing of property at your death without going through the probate process usually require the assistance of an estate planning attorney. If you die without a will and without having made other provisions, the property in your estate will pass according to Colorado law.

Survivorship Deed

If you are married and own property jointly with a spouse, consider holding title or owning the property as joint tenants with rights of survivorship. This means that upon the death of one partner, the property automatically passes to the other without the necessity of a will or probate. If you have made provisions so that all your real estate and personal property is jointly owned in this manner, the property should pass to your spouse without a will. It is always a good idea to have a will prepared anyway in the event of a simultaneous death, or if you have neglected to add your spouse’s name to a vehicle or other piece of property.

Trusts

Some estate planning attorneys may suggest that you put your property into a trust. An attorney will assist you in establishing the trust and conveying property into it. The trust will be managed by a named trustee, which may be yourself and/or your spouse, and will name designated beneficiaries. It may be irrevocable and pass property through a generation and on to your grandchildren, or it may be revocable by you during your lifetime and terminate or become irrevocable at your death. The trust agreement will establish the terms of the trust and will state what happens to the trust property after your death.

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Life Estate

You may consider deeding any real estate you own to your intended beneficiaries while reserving a life estate to yourself. A life estate allows you to live on property until you die, at which time the property will belong to the beneficiary, or "grantee," named in the deed. That individual will not be able to terminate your reserved rights in the property during your lifetime. A life estate, or "lady bird deed" as it may be called, will only convey interest in real estate. You would have to make other provisions to dispose of your personal property.

Intestate Succession

If you die without a will and without making other provisions, your property will pass according to Colorado’s laws of intestate succession. These laws establish the share of a surviving spouse, as well as the share of surviving children and parents, based on the particular set of circumstances that exist at the time of your death.

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Getting a Heir's Name on a Deed

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Can I Put Jointly Held Property in a Living Trust?

Generally, you place assets into a living trust for your management, use and benefit during your lifetime, with those assets passing to beneficiaries after your death, without going through the probate process. These assets are titled in the name of the trust, typically with you as the trustee. While you might put jointly-held property into a living trust for a variety of reasons, the overriding purpose should not be to avoid probate, since jointly held property normally passes directly to the joint owner at death without going through probate.

How to Make Your Will Legal in Indiana

Your will is a document that explains how to distribute some or all of your property when you die. Wills written in Indiana are governed by the Indiana Probate Code, which is found at Title 29 of the Indiana Code. The Indiana Probate Code gives specific instructions about how to write a will so that it will be recognized as valid and legal by an Indiana Court. You will need to meet several requirements to have a valid Indiana will. You can write your own valid will, but consulting a lawyer for more complicated estates is advisable to ensure compliance with state law.

When Not to Probate a Will

If you have a will prepared and do not need it due to alternate estate planning, your loss will be the cost of the will preparation. That cost, however, may seem minor in the long run if laws change or errors were made in your estate planning process that make it necessary to probate the will after all. Notwithstanding these facts, however, it may not always be necessary to present the will for probate.

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