What To Do With the Will of Someone Who Has Passed Away in Colorado

Dan McKenzie • Dec 21, 2023

When a loved one passes away, handling their last will and testament is crucial in honoring their final wishes. In Colorado, the law is clear about the responsibilities of the person in possession of the will, known as the custodian. Here’s a simplified breakdown of what the law requires:


  • Prompt Delivery: The custodian must deliver the will to the appropriate probate court within ten days of the testator’s death or as soon as they become aware.

  • Correct Court: If the deceased was a Colorado resident, the will goes to the court in the county where they lived. If not, it should be sent to the court in the county where they owned property.

  • Unknown Details: When the custodian doesn’t know where the deceased lived or owned property, or if an out-of-state court refuses the will, it should be sent to the court in the county where the will was found.

  • Court’s Role: A court with the will must lodge it in its records upon learning of the death.

This process ensures that the will is recorded correctly and can be followed according to the testator’s intentions.


As specialists in probate and trust administration, we will guide you through these steps and ensure your loved one’s legacy is preserved. If you’re holding a will or are involved in the probate process, feel free to reach out for professional assistance. Remember, failing to comply with these duties can lead to legal consequences, so acting promptly and correctly is essential.


What next?

If you are trying to figure out how to handle the affairs of someone who has recently passed away, you can:


  1. Call us at 720-821-7604 to schedule an "Attorney Evaluation Session" to determine whether our firm would be a good fit for your needs. Or fill out our contact form to have us call you.
  2. Visit our estate administration page to learn about the steps that need to be taken, minimize hassle, lower the chance of family discord, and minimize or eliminate taxes.
  3. Learn more by reading our blog or watching our videos.


By Dan McKenzie 04 Apr, 2024
The most common questions we get about estate planning are when to start it and how often to update it. Learn more about how we advise our clients on these questions here.
By Dan McKenzie 29 Mar, 2024
Proper estate planning is not just about saying who gets what when you die. Done correctly, it can help you avoid court and maintain privacy.
By Dan McKenzie 28 Feb, 2024
If you have recently lost a loved one, you might find yourself participating in a probate process, either as the executor or a beneficiary. Learn more about what to expect from that process here.
By Dan McKenzie 04 Feb, 2024
One of the most common questions we receive is whether or not to share the details of an estate plan with adult children. This decision is personal and can have far-reaching implications for the individual and their family. The Benefits of Sharing Your Estate Plan Sharing your estate plan with your adult children can be beneficial. Doing so allows the family to discuss the plan's details, including what needs to be done in the event of incapacity or death. This open communication can help set expectations and facilitate a smooth estate administration process. A discrepancy between the plan and what the family expected is one of the most significant sources of tension and difficulty during the estate administration. It can be helpful to identify and resolve the discrepancy while the person who can change the plan can either still do so or explain why they designed the plan the way they did. Our firm generally recommends communication with fiduciaries and beneficiaries about the plan. However, communication does not necessarily mean sharing the complete draft of the estate plan. The Risks of Sharing Your Estate Plan While there are benefits to sharing your estate plan, there are also potential drawbacks. One of the main concerns is that sharing the estate plan can create difficulties if the plan is changed after it has been shared. This can be particularly problematic if any of the beneficiaries of a previous plan will receive less from the new plan. Another risk is the possibility of inconsistent plan drafts circulating after death. This can lead to confusion and potential disputes among beneficiaries. Suggestions for Communicating Your Estate Plan Given these considerations, here are some suggestions on how to best communicate the details of your estate plan: Maintain a Record : Record what has been shared, who it has been shared with, and when it was shared. This can help ensure everyone is on the same page and minimize potential misunderstandings. Share Digital Copies : Consider sharing digital copies of your estate plan, accompanied by a cover letter or mark reminding everyone that the plan can change. This can help mitigate the risk of outdated drafts circulating. Provide a Summary : Instead of sharing the entire plan, consider providing a summary. This can give your family a general idea of your intentions without divulging all the specifics. Again, include a disclaimer that the plan can change. Remember, every situation is unique, and what works for one family may not work for another. It’s essential to weigh the benefits and risks before sharing your estate plan. As always, we’re here to help guide you through this process. Please note that this blog post is intended for informational purposes only and does not constitute legal advice. Always consult a qualified estate planning attorney for advice on your situation.
By Dan McKenzie 29 Dec, 2023
If you are unhappy with the terms of a will, you may have the right to challenge it in court. However, contesting a will is not easy and requires certain legal grounds and procedures. This blog post explains the basics of how to contest a will in Colorado, including who can do it, what reasons are valid, and what steps are involved.
By Dan McKenzie 26 Dec, 2023
Explore the essential steps to take when a trustee is not fulfilling their duties effectively. This guide provides practical advice on identifying trustee shortcomings and the legal actions available to address them. Ensure your trust is managed properly with our expert insights on trustee responsibilities.
By Dan McKenzie 24 Dec, 2023
The blog post outlines the formal probate process in Colorado, detailing when it's necessary and the steps involved. It serves as a guide for individuals navigating the legalities of estate management after a loved one's passing. The content is informative and designed to assist users in understanding the complexities of probate law in Colorado.
By Dan McKenzie 24 Dec, 2023
Discover the straightforward steps to initiate an informal probate process in Colorado with our concise guide. Learn what information is required for the application, including personal details of the decedent and your connection to the estate. Understand the importance of meeting the time limits for filing and find out how to navigate the process without a court hearing, all explained in simple terms. Ensure a smooth probate journey with our expert insights on Section 15-12-301 of the Colorado Probate Code.
By Dan McKenzie 02 Dec, 2023
Although have a living trust often makes the administration of your estate easier, your successor trustee has many important tasks they might not know about. We offer seminars for successor trustees to help them learn what they need to do.
By Dan McKenzie 24 Nov, 2023
This blog post provides valuable advice for those tasked with administering an estate. It emphasizes the importance of establishing trust with beneficiaries, setting aside personal feelings, making conservative promises, and treating the estate like a business. The post offers practical tips and examples, making it a must-read for first-time executors and seasoned professionals alike.
More Posts
Share by: