Legal Question in Wills and Trusts in Colorado

Re: Wills & Probate

A will has no effect until it is verified and determined to be the last instructions of the decedent. That is what probate is. The recognition of the will as the legally valid and binding instructions of the testator.

Property not listed in the will, either specifically or through a residuary clause passes through the laws of intestacy. Property identified with a specific beneficiary, i.e. deeds in JTWROS, TBE, or Community Property, life insurance, Payable on Death accounts, etc pass outside of the will and the laws of intestacy.

So, a will not probated is not worth the paper its printed on until the court says its valid.

Re: Wills & Probate

Property passing via the Will is subject to estate administration. What property would be probated then depends on how the deceased person owns each item of property. If owned in their own name with no named beneficiary, that property would pass through the Will and be subject to probate.

Estate administration varies from state to state. In Colorado for example, estate administration can be simple and informal.

Re: Wills & Probate

The simple answer to your question is that the Will has no effect until it is admitted to probate by the court. That is the simple definition of probate - a declaration that the Will is valid to pass the decedent's property to his beneficiaries.