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Browse our 1 legal question about Will & Testament in United States and the lawyer answers, or ask your own questions for free.
Hello, Her next of kin will be you and so you shall be the one to receive the benefits and her properties. You can contact us vfor assistance on the documentation and procession
Read full answerA will is a legal document that states how a person wants their assets, property, and certain personal matters handled after death. In Denver, wills are governed by Colorado state law and administered through local courts when the estate goes through probate. A properly executed will can name an executor, direct distribution of property, nominate guardians for minor children, and provide instructions for personal items and final arrangements. Wills do not control assets that pass by beneficiary designation or by operation of law, such as retirement accounts, life insurance, joint tenancy property, or assets held in a trust.
Many people can create a simple will without legal help, but there are common situations in which an attorney is strongly recommended:
- Complex assets or large estates, including business interests, real estate in multiple states, or substantial investment holdings.
- Blended families, second marriages, stepchildren, or a desire to disinherit someone - these situations raise the risk of disputes.
- Special-needs beneficiaries who require planning to preserve public benefits and set up appropriate trusts.
- Concerns about capacity, undue influence, or past family disputes that could lead to a will contest.
- Tax planning needs, if the estate may be subject to federal estate tax or involves significant gifting strategies.
- When you need related documents, such as powers of attorney, health-care directives, or revocable trusts to avoid probate.
- If an estate is already in probate and you are an executor, beneficiary, or creditor and need guidance on rights and timelines.
Key local and state aspects to know when planning a will in Denver include the following.
- Execution formalities - Under Colorado law, a valid will generally must be in writing, signed by the testator, and witnessed by at least two competent witnesses who sign in the testator's presence. Colorado also recognizes holographic wills that are entirely handwritten and signed by the testator, which may be valid without witnesses if they meet state requirements.
- Age and capacity - To make a will in Colorado, a person generally must be at least 18 years old or otherwise emancipated and have testamentary capacity at the time the will is executed. Testamentary capacity means understanding the nature and extent of assets, the natural objects of one’s bounty, and the nature of the act itself.
- Revocation and amendment - Wills can be revoked by a later valid will, a written codicil, or by physical act with the intent to revoke. Changes should be done carefully to avoid unintended invalidation.
- Probate process - When a person dies with a will, the executor named in the will typically files the will with the appropriate Colorado probate court in the county where the decedent lived. The court issues letters testamentary or letters of administration and supervises the administration, including inventorying assets, notifying creditors, paying debts and taxes, and distributing assets to beneficiaries.
- Small estate and simplified procedures - Colorado provides simplified or expedited procedures for small estates and certain transfers, which can reduce or avoid formal probate in some cases. Eligibility depends on the type and value of assets and whether proper forms are filed.
- Creditor claims and timelines - There are legal steps and deadlines for notifying creditors and for filing claims against an estate. Executors should follow court rules and state statutes for notice and claims handling.
- Spousal and family protections - Colorado law includes protections for spouses and minor children. A surviving spouse may have rights that supersede terms of a will in some circumstances, and courts may protect forced-share or support claims. Intestate succession rules apply if there is no valid will.
- No Colorado estate or inheritance tax - As of recent law, Colorado does not impose a separate state estate tax or inheritance tax, though very large estates may still be subject to the federal estate tax.
A will is generally valid if it is in writing, signed by a person with testamentary capacity, and witnessed by at least two competent witnesses who sign in the testator's presence. Colorado also recognizes holographic wills that are entirely in the testator's handwriting and signed by them. Proper execution and clear evidence of intent are essential to avoid challenges.
Yes. Assets that have designated beneficiaries, such as retirement accounts, IRAs, employer plans, life insurance policies, and some transfer-on-death accounts, pass directly to the named beneficiary and do not transfer through the will or probate. It is important to review and update beneficiary designations to match your overall estate plan.
You can create a simple will without a lawyer, especially if your estate and family situation are straightforward. However, DIY wills carry risks if formalities are not followed, if your situation is complex, or if family members may dispute the document. Consulting an attorney reduces the chance of errors and later litigation.
Choose someone who is trustworthy, organized, and capable of handling tasks like locating assets, communicating with beneficiaries, filing paperwork, paying debts, and working with the probate court. Consider naming alternate executors in case your first choice is unable or unwilling to serve. Discuss the role with the person you name before executing the will.
Probate in Denver is handled through the local probate court. The executor files the will and a petition to open probate, seeks appointment as personal representative, inventories assets, provides notice to heirs and creditors, pays valid debts and taxes, and ultimately seeks court approval to distribute remaining assets. The process and timelines vary with complexity and any disputes.
Disinheriting someone is possible, but Colorado law provides protections for surviving spouses and, in some circumstances, for minor children or dependents. A spouse may have claims against an estate if they are not adequately provided for. Because family rights and state statutes can affect disinheritance, consult an attorney before taking such steps.
A self-proving will includes sworn affidavits from the witnesses, often signed before a notary. When a will is self-proved, the probate court can accept the will without calling witnesses to testify in person, which can speed up probate and reduce hassle for the estate.
A will can be contested by filing an action in the probate court on grounds such as lack of testamentary capacity, undue influence, fraud, forgery, or improper execution. Contesting a will is time-sensitive and often expensive, so parties considering a challenge should consult an experienced probate litigation attorney promptly to understand deadlines and required evidence.
If you die intestate, meaning without a valid will, Colorado’s intestacy laws determine how your property is distributed. Typically, property passes to a surviving spouse, children, parents, or other relatives based on statutory priority. Intestacy can produce results different from your wishes and can leave decisions about guardianship and distribution to the court.
Review your will whenever you have major life changes, such as marriage, divorce, birth or adoption of children, a beneficiary death, significant changes in assets, a move to another state, or changes in tax law. A routine review every three to five years is a common practice to ensure your documents still reflect your wishes and current law.
Helpful local and state resources to consult when dealing with wills and estate planning in Denver include:
- Colorado Judicial Branch and local Denver probate court for forms, local procedures, and court rules.
- Colorado Revised Statutes and state probate code for the governing law on wills, probate, and intestacy.
- Colorado Bar Association for lawyer referral services and information on finding qualified estate planning attorneys.
- Denver County Clerk or Recorder for recording documents related to property transfers.
- Colorado legal aid organizations and elder law clinics for low-income or senior residents needing assistance.
- Colorado Department of Revenue and federal tax authorities for estate tax information and filing requirements.
- Professional fiduciary associations and certified public accountants for tax and asset administration support.
If you need legal assistance with a will or estate plan in Denver, consider these practical steps:
- Gather important documents, including current wills, trusts, deeds, account statements, insurance policies, and a list of assets and liabilities.
- Identify people you trust to be executor, trustees, and guardians and discuss the roles with them in advance.
- Review beneficiary designations on retirement accounts, life insurance, and payable-on-death accounts to ensure they align with your wishes.
- Consult an experienced estate planning attorney if you have a complex situation, family concerns, out-of-state property, business interests, special-needs beneficiaries, or potential tax exposure.
- If you are acting as an executor or facing a probate issue, seek counsel early to comply with court requirements and deadlines.
- Keep your will in a safe but accessible place and tell trusted persons where it is kept. Review and update your plan periodically or after major life events.
Taking these steps will help protect your wishes and reduce the chance of disputes after your death. If you are unsure where to begin, start by contacting a licensed Denver or Colorado estate planning attorney for a consultation tailored to your circumstances.
