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If you have heard anything about probate, it's probably that you should avoid it. But probate is different from state to state and has changed substantially over the years. So what you have heard about probate may be based on a different time and different place.
Colorado has made substantial changes over the years to try to take the probate process much more manageable and less like a typical court process than it used to be. Many probates are completed without the Personal Representative ever going to court. The court wants to see certain notifications get sent out to heirs and creditors, and wants confirmation that an inventory and accounting have been made available to those parties. But the court relies on the interested parties to let it know if there is any reason to conduct hearings. Unless a party requests such a hearing, the court assumes everything is going fine and lets the estate's Personal Representative administer the estate as he or she sees fit (within the confines of state law and the decedent's will if there is one, of course).
Despite this simplified process, there are still several scenarios in which we recommend to our clients that they consider creating a plan that would avoid probate.
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