Legal Question in Wills and Trusts in Colorado

Colorado- joint tenant house- Co owner died with no will- does it have to go into probate if it's uncontested- spouse and one adult daughter still living.

Asked on 2/08/22, 7:49 pm

1 Answer from Attorneys

Robert Murillo Pivotal Legal Ltd.

An attorney would need to review the deed to provide legal advice. If the attorney determined that the joint is held as joint tenants with right of survivorship and the other tenant died, then the property belongs to the remaining tenant. A JTWRS property is a non-probate asset so probate would not be required for that property. However, unless all of the decedent's property was JTWRS or otherwise non-probate, probate may need to be opened. Please schedule a consultation with a probate attorney to determine what must be done.

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Answered on 2/09/22, 7:08 am

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