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How is Colorado real estate transferred when an out-of-state owner dies?

When someone dies owning Colorado real estate, a probate administration is necessary to transfer the property, either to a buyer or to the estate beneficiaries.  If the property owner died while living out of state, the type of probate proceeding necessary to transfer the Colorado real estate depends on whether a probate administration has been … Continue Reading

What Happens When Someone Dies Without a Will?

A will is the roadmap that directs what happens to someone’s probate assets when they die.  The will also nominates a personal representative to administer the estate.  But what happens when someone dies “intestate,” or without a will?  In those situations, the Colorado Probate Code directs who inherits from the estate and who has priority … Continue Reading

What is a Personal Representative’s Deed?

When someone dies owning an interest in real estate, the legal instrument used to convey the property is a Personal Representative’s Deed.  In the deed, the Personal Representative (“PR”) of the estate transfers the deceased owner’s interest to either a third-party buyer or an estate beneficiary. Does a Personal Representative’s Deed Require a Probate Administration? … Continue Reading

Attorney Testimony in a Will Contest Proceeding

Co-Author:  Michael Smeenk, Esq. When Can an Attorney Testify in a Will Contest Proceeding? Many people have wills in place when they die to ensure there is a proper roadmap for distribution of their assets upon death, consistent with their intentions and wishes.  Sometimes a person (the “testator”) wishes to change their will in the … Continue Reading