Which Assets Must Go Through Probate? A Clear Guide for Colorado Families

Dan McKenzie • August 24, 2026

When a loved one passes away, families often face complex legal questions during an already difficult time. One of the most common questions we hear from Denver families is: Which assets must go through probate? When someone dies owning property solely in their individual name, that property does not transfer automatically. Instead, it enters legal limbo. Probate is the court-supervised legal process that appoints a representative, identifies assets, settles creditor claims, and distributes property to heirs.

Common Examples: Which Assets Must Go Through Probate?

So, which assets must go through probate when an estate is settled? The most typical examples include real estate titled in a single person's name without a transfer deed. Bank accounts without a payable-on-death designation or a joint owner also fall into this category. Similarly, investment and brokerage accounts that lack a transfer-on-death designation or named beneficiary require court authorization before funds can be released. Whether you spend your weekends hiking the Front Range or skiing in the Colorado mountains, taking time to review how your accounts are titled today can save your family unnecessary court delays tomorrow.

Why Having a Will Does Not Bypass Court

Many people assume that having a clear will allows their estate to skip court entirely. However, a will simply acts as an instruction manual for the judge; it does not avoid the court process itself. Even with a valid will, the probate court must supervise administration, verify claims, and enforce required creditor notice periods. If your goal is to streamline the transfer of your assets or keep your family affairs private, establishing a comprehensive estate plan with a living trust can help your estate transfer outside of court.

Protect Your Family’s Future Today

Understanding which assets must go through probate is an essential first step toward creating a secure legacy. The team at The McKenzie Law Firm, LLC is here to help you navigate Colorado estate planning with clarity and confidence. Schedule a consultation with The McKenzie Law Firm today or call us directly at 720-821-7604. We proudly serve clients throughout Centennial and the entire Denver metro area.

The McKenzie Law Firm, LLC practices law exclusively in Colorado. This post is for general informational purposes only and does not constitute legal advice. Please consult a qualified attorney regarding your specific situation.

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September 22, 2026

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What Happens to a Bank Account When Someone Dies in Colorado?

By Dan McKenzie • September 15, 2026

Losing a loved one is overwhelming, and many families are surprised to learn that financial matters can freeze instantly after a passing. When a person dies, their legal financial identity stops immediately. This means they can no longer hold property, sign agreements, or authorize payments. Even if you hold a power of attorney—a legal document allowing you to make decisions on someone’s behalf while they are alive—that authority ends the moment they pass away. Families across the Denver metro area are often caught off guard when trying to access funds to pay for immediate expenses.