Probate (in Colorado anyway) isn’t as bad as you imagine

Probate is not the legal apocalypse people think it is — at least not in Colorado.

Yes, probate can become expensive and ugly when beneficiaries are fighting, records are a mess, or nobody planned ahead. In fact, I’d be willing to bet that the person who told you to avoid probate was dealing with one of these problems.

But most Colorado probate cases are not dramatic courtroom battles. They are administrative processes designed to pay debts, transfer assets, and wrap up a person’s affairs in an orderly way.

In fact, many estates in Colorado move through probate with very little court involvement and can be completed in as little as about 6 months. The court is there mostly to provide structure, authority, and oversight, should it ever be needed, i.e., when there is some sort of ambiguity or disagreement.

Your family, circumstances, and goals are unique. Sometimes probate should be avoided. Sometimes, the risk and effort of avoiding probate is not worth the “reward.” In fact, I have seen some very well-intentioned probate avoidance schemes deliver very unintended results, especially when joint tenancies are used.

There is nothing wrong with planning to avoid probate, especially if you have the money and determination to see it through. But to me, when probate proceedings are as “hands-off” as they are in Colorado, the better question is whether you left your loved ones with an organized, intentional plan of what to do. I’d love to discuss your specific situation with you.