When a family member or loved one dies, dealing with the emotional fallout, while devastating, is only part of the process. Issues concerning the decedent's estate and transferring property will loom large during this time. In Colorado, the estate, property and assets within the estate, can be passed either through probate or non probate. A valid will allows the decedent to dictate who their property and estate goes to. Again, this is only true after a will has proven valid. If there is no will, Colorado intestate laws will govern. 
Therefore, it's very important for an individual who wants to make sure that certain persons receive portions of their estate, to write a will.
The estate includes everything that an individual owns. This would be real property such as land, homes, cars, furniture, bank accounts, stocks and the like. Life insurance as well as death and benefit pension plans are also considered part of the estate.
Every asset does not have to go through probate. Typically things such as life insurance, trusts or joint property do not have to be probated. That's because inherent within their structure is the proper succession of assets. When items must be probated, there are distributed based on the will or intestate laws when there is no will.
When individuals are married, just about all of their assets will be passed on to their living spouse because so many of the assets will be jointly owned, such as the house, bank accounts and the car. Therefore, these things may not have to be probated. However, this does not mean that an individual should not create a will. If both spouses die, there needs to be some direction as to who will represent the estate and who will be given what.
Probate is necessary when an individual is the sole owner of property, if they have any business dealings that need to be executed, if there is children and property involved.
In the state of Colorado when intestate laws are used, assets within the estate are only transferred to the spouse and blood relatives. Blood relatives do include adopted children. When a decedent is not married but they have children, the estate will be divided among the children equally. If there are no children or spouse, then the decedent's parents will take ownership of the estate.
All relationships between the decedent and their heirs must be proven. In Colorado, the spouse must receive a portion of the estate. They cannot be written out even in a will. The spouse has the legal right to take ownership of up to 50% of the estate. They are able to receive 5% of the estate per year that they were married to the decedent. A decedent also can not write a minor child out of the will.
Contacting a Colorado probate attorney is recommended to ensure that the process goes as smoothly as possible.
Inheritance Loans
There are number of lenders who specialize in providing probate loans for individuals who are stuck in probate. They can borrow the money that they need or want without having to wait for their money to be disbursement by the estate’s personal representative.
Probate Resources- Colorado
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