Legal Question in Wills and Trusts in Colorado

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?

Asked on 11/18/13, 12:02 pm

2 Answers from Attorneys

Dennis Valentine Law Office of Dennis Valentine

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.

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Answered on 11/18/13, 12:36 pm

Dave Rich Flatiron Legal Advisors, LLC

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.

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Answered on 11/18/13, 12:42 pm

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