What is Probate?

Probate is a legal process that involves reviewing and distributing a deceased person's assets. It can be initiated when a person dies with or without a will.

What to do when someone dies - Senior Law Handbook

​​CBA Guide - Probate in Colorado 

CBA Guide - What to do when someone dies

CBA Guide - Elder/Probate Mediation 

CBA Guide - So Now You’re a Personal Representative 

CBA Guide - So Now You’re a Trustee 

Title 15 of the Colorado Code (Updated 2023)

 

Where do I get the court forms? 

Colorado Judicial Self-Help Resources 

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Videos

The Colorado Probate Process, 2024

The McKenzie Law Firm Video Library Online 

How long does the probate process take?

 

Transfer a title from a deceased owner

Please note: all title transfers must be completed at your county motor vehicle office(opens in new window)

• If the vehicle is in the deceased’s name only, you will need to bring the following to your county motor vehicle office

• (opens in new window)

  • a death certificate,

  • Letters of testamentary, letters of administration, or small estate proceedings showing the new beneficiary of the vehicle. The beneficiary could then sign the title as the new owner. 

• If the title lists two vehicle owners and the vehicle is in “joint tenancy with rights of survivorship,” the surviving owner must bring a copy of the death certificate. 

• However, if the two owners are in “tenants in common”, then Letters of Testamentary, Letters of Administration or Small Estates proceedings showing who the beneficiary is of that half of the vehicle is, along with the death certificate. The beneficiary and the other original owner could then sign.

• If there are two owners and one is deceased and the surviving owner is incapacitated (for instance, in a coma) and has a Power of Attorney, a court order such as Letters of Testamentary, Letters of Administration or Small Estates proceedings would be needed for the deceased owner and the Power of Attorney would be needed for the surviving owner to show who can sign the title.

Please note: A DR 2009 State of Colorado Transfer of Title Upon Death Designated Beneficiary Form (opens in new window) can be used instead of Letters of Testamentary, Administration, or Small Estates and was previously completed by the deceased owner.

 

Vocabulary 

Probate is a legal process that involves managing a deceased person's estate. Here are some terms associated with probate: 

• Beneficiary: A person or organization that receives property from a will

• Decedent: The deceased person

• Executor: A person named in the will to carry out the deceased person's wishes

• Heir: A person who inherits property when there is no will

• Intestate: When someone dies without a will

• Personal property: Items like cash, jewelry, clothing, and cars

• Real property: Buildings and land

• Testate: When someone dies with a will

• Trust: Property held by one person for the benefit of another

• Will: A written document that states how a person's property should be distributed after death

Other probate terms

• Conservatorship: A legal arrangement that can be for a person or an estate 

• Devise: A gift of property in a will 

• Devisee: A person who receives property through a will 

• Encumbrance: A claim or restriction on a property's title 

• Escheat: When assets are returned to the government if legal heirs cannot be found 

• Guardian ad litem: A person appointed by the court to protect the interests of a minor beneficiary 

• Heirship hearing: A legal proceeding to determine who is entitled to inherit property 

• Trustee: A person who holds property for the benefit of someone else