My mother passed away. I am an only child. All of her brokerage holdings are payable on death to me, she has no car or real estate or tangible assets other than that. Her will names me as personal representative. Do I need to pursue filing of the will and obtaining letters testamentary?
2 Answers from Attorneys
I am sorry for your loss and understand this is a difficult time for you. You need to file (lodge) the will in the probate court in the Colorado county where she lived prior to her death regardless of her assets. There is no fee to do that. Based upon your description of her assets, that may be all you need to do. Based upon what you told me, the brokerage account will have to be used to pay her debts unless it is excluded by CRS 15-15-103 as a retirement account or something similar.
I am sorry for your loss. It does not sound like you would need to file for probate. Are there creditors that you know of? If so, you may need to pay them, but if there really are no assets, then you can just wait and see what the creditors do and then re-address the issue.
You are supposed to file the will in the county in which she resides within 10 days of death (or as soon as practical now), but that does not mean you are opening probate or have to open probate. You should look into collecting any personal property by affidavit if needed, but that may not even be needed at this point. I hope this helps.
Related Questions & Answers
I have a durable poa that was done before my parent was disabled and now the courts... Asked 11/10/13, 10:46 am in United States Colorado Probate, Trusts, Wills & Estates
If a settlement ageement was signed by both parties can it be apealed Asked 11/05/13, 8:41 am in United States Colorado Probate, Trusts, Wills & Estates
I have a family friend who is currently contesting an informal estate. They have... Asked 10/20/13, 8:20 am in United States Colorado Probate, Trusts, Wills & Estates
Could someone tell us what CO statutes refer to a beneficiary's rights to a family... Asked 10/11/13, 3:56 am in United States Colorado Probate, Trusts, Wills & Estates
In Colorado, when filling out the Donation of Anatomical Gift Act form, at the... Asked 9/30/13, 6:52 am in United States Colorado Probate, Trusts, Wills & Estates