Guiding You Through The Estate Planning Process

At Albert V. Evans, Attorneys at Law, I, Albert V. Evans, work to ensure that the estate planning and probate process in Colorado does not have to be costly or time-consuming. Whether you are planning your estate or settling the financial affairs of a parent, my job as your lawyer is to help you reach your goals in the most efficient way possible.

Estate Planning Services In Centennial

Estate planning is about more than determining who should receive your property after you die. It’s also about protecting your family if you should become incapacitated. In addition to a will, the three most important documents to consider are the power of attorney for health and medical decisions, the power of attorney for financial decisions and the living will.

For five decades, I have helped generations of Centennial families protect their property and their loved ones using estate planning documents such as:

Last will and testament: Lets your family members and the probate court know how your assets should be distributed after you die. Wills can also be used to name a guardian for minor children.
Living will: Lets your family members and medical providers know what steps, if any, you want taken to prolong your life if you are in a terminal condition with no hope of recovery.
Contract to make will: An agreement that protects members of second marriage blended families in the event of one spouse’s death.
Medical durable power of attorney: Names a trusted family member or personal representative to make medical decisions for you if you are unable to communicate your own wishes.
Financial power of attorney: Names a trusted personal representative or family member to make financial decisions for you if you are incapacitated.

As your lawyer, I will assist you with the preparation of an estate plan that reflects your wishes, protects your assets and helps your family avoid complicated probate proceedings.

The Different Types Of Wills Available In Colorado

In Colorado, there are a number of different wills people can choose from, each with distinct features and legal considerations. Some of these options include:

Simple wills: Simple wills are straightforward documents that outline asset distribution and the appointment of a personal representative. Simple wills are typically suitable for uncomplicated estates and can address guardianship for minors.
Pour-over wills: Pour-over wills are often used in conjunction with a trust. These wills can ensure that any assets not already in the trust at the time of death “pour over” into the trust. That way, there can be unified management and distribution according to trust terms.
Holographic wills: Holographic wills are handwritten documents that are signed by the testator without witnesses. In Colorado, holographic wills are valid as long as the material portions are in the testator’s handwriting and reflect their intent for distribution.

Each type of will must meet specific legal requirements to be valid and enforceable in Colorado. Having these different will options can provide people with the flexibility they need to align their estate plans with their needs, wishes and goals for the future.

Colorado Specific Will Requirements

In Colorado, the legal requirements for creating a valid will include:

Age and capacity: The testator must be at least a legal adult and demonstrate strong mental capacity.
Written document: The will must be in writing, whether typed or handwritten.
Signature: The testator must sign the will, or another person can sign on their behalf in their presence and at their direction.
Witnesses: At least two witnesses must sign the will, attesting to the testator’s signature and capacity. These witnesses should be competent and generally disinterested parties.
Notarization: While not required for validity, notarizing a will can make it “self-proving,” simplifying the probate process by eliminating the need for witness testimony.

Colorado law allows for certain flexibility, such as recognizing holographic (handwritten) wills without witnesses if the material portions are in the testator’s handwriting and show intent.

When To Update Your Will In Colorado

There are several life events in which you may wish to update your will. Those events can include:

Marriage: Getting married can affect asset distribution and beneficiary designations, necessitating updates to include your spouse.
Divorce: A divorce may require removing or altering the provisions related to your former spouse and revising the distribution of assets.
Birth of children: The arrival of birth of a child, whether it is your first or next, should prompt updates to designate guardians and support for their financial futures.
Moving to Colorado: Relocating from another state may require adjustments to comply with Colorado’s specific legal requirements and ensure the estate is legally enforceable.
Significant changes in assets: Buying or selling off assets like real estate or businesses may require you to update your current estate.
Changes in relationships: Altered relationships with beneficiaries or personal representatives should be reflected in your will.

Even if you do not experience a significant life change, reviewing your estate plan with your attorney regularly can help you make sure that your estate still reflects your needs, goals and desires.

Frequently Asked Questions: Probate In Colorado

Understanding how probate works can help relieve your concerns as you prepare for the legal and financial steps that follow a loved one’s passing. The questions and answers below address common concerns and clarify issues concerning probate and how disputes over a will may arise.

Is probate required for every Colorado estate?

Not every estate must undergo the Colorado probate process. It typically depends on the type and value of the assets involved. Colorado offers a simplified process for small estates when the total value of probate assets falls below a statutory threshold and no real property is involved. In addition, probate may be unnecessary when assets transfer automatically by law or contract, such as through beneficiary designations or joint ownership.

Families often benefit from reviewing the estate’s structure early to determine which process applies and to prevent delays.

What assets are exempt from probate in Colorado?

Certain assets bypass probate entirely because they transfer directly to a named individual or co-owner. These non-probate assets can include:

Jointly owned property with rights of survivorship
Payable-on-death or transfer-on-death accounts
Life insurance proceeds
Retirement accounts with designated beneficiaries

Assets held in a properly funded trust also bypass probate because they are managed and distributed according to the trust’s terms rather than through the court.

While these assets are generally safe from probate, they still require careful administration to help ensure transfers occur correctly and in accordance with Colorado law. Reviewing account titles and beneficiary designations regularly can help maintain clarity and prevent unintended outcomes.

Can someone’s will be challenged in Colorado?

Yes, a will may be contested in Colorado, but only under specific legal grounds. Common reasons for challenging a will include:

Concerns about mental incapacity when the document was signed
Allegations of undue influence by another individual
Questions about whether the will was executed according to Colorado’s law

The process for challenging a will in Colorado typically occurs during probate proceedings and requires presenting strong evidence to the court.

Such disputes can be as emotionally difficult as they are complex, particularly when family members disagree about a loved one’s intentions. Because will challenges must follow strict timelines and procedural rules, those considering a will contest can benefit from seeking legal guidance early during the process.

Start Developing Your Estate Plan Today

Schedule a consultation with me, Albert V. Evans, Attorneys at Law, for help with all your estate planning needs.

Call 303-495-0080 today, or fill out my online contact form.