For more information about the author, click to view their website: Jolene L. DeVries, Attorney
PROBATE AHH!!!
Just the mention of the word sends chills down many Americans backs. But is it really that bad? We in Colorado are fortunate that our laws allow us to choose how to proceed into probate (which is the process of winding up the affairs of a decedent by paying creditors and distributing assets and property). The two choices are informal probate or formal probate.
Informal probate means that the estate is not court-supervised. Administration of the estate begins by filing a number of probate forms with the District Court, having the Court admit the estate into probate and appointing a personal representative (formally known as an executor or executrix) to begin the process of paying bills, taxes, selling property and/or distributing the decedents assets pursuant to the decedents Will or by the intestacy statutes if the person died without a Will. An informal probate can be wrapped up after six months, but most estate matters take up to a year or more.
Formal probate, sometimes referred to as supervised administration, occurs rarely, but is sometimes necessary when a dispute exists between those people interested in the decedents estate. In this case, the Court conducts hearings periodically regarding the distribution of the estate and other matters that arise during the administration process. A formal probate can last years and is often very costly.
The good news is that 90% of all estates in Colorado are not supervised, thus there are less costs and attorney fees associated with an informal probate. Because Colorado has adopted what is known as the Uniform Probate Code, probate matters have been greatly simplified, thus, reducing the fear of probate that many of us exhibit today.
So, does every estate need to go through the probate process? Not necessarily. For example, if an individual passes away with personal property and bank account assets (not real property) that are valued less than $66,000.00 a small estate affidavit can be used to transfer the property. Also, some property may just pass to another by operation of law, i.e. joint tenancy with right of survivorship, beneficiary designations on life insurance policies and IRAs, payable on death accounts (PODs), transferable on death accounts (TODs), and trusts. However, beware of transferring property or setting up a trust just to avoid probate. There could be significant tax implications and other unnecessary costs by transferring property without the advice of an attorney or accountant. Remember, probate should not be feared. Consult with your attorney on how probate can affect your estate.
Editors Note: This article was submitted by Jolene L. Devries, Elder Law Attorney. She can be reached at 719-275-4424
Planning for the future is one of the most important things we can do for our loved onesand ourselves. In the Western Slope of Colorado, estate planning is an essential step for seniors who want to ensure their wishes are respected, their assets are protected, and their families are supported.Whether you're just beginning to explore estate planning or looking to update an existing plan, this guide will help you understand the key components of estate planning and how to access helpful local resources in the Western Slope area. What Is Estate Planning?Estate planning is the process of arranging for the management and distribution of your assets and responsibilities in the event of your death or incapacitation. Its not just for those with large estatesestate planning is a smart and necessary step for anyone who wants to:Protect property and financial assetsEnsure their wishes are followedMinimize family disputesAppoint guardians for dependentsPlan for healthcare decisionsA well-crafted estate plan typically includes documents like a will, trust, durable power of attorney, and advance healthcare directive. Why Estate Planning Matters for SeniorsAs we age, the need for legal and financial clarity becomes increasingly important. Estate planning provides peace of mindnot only for the person making the plan but for their family members as well.In the Western Slope region, where many seniors value independence and community, estate planning is especially helpful in addressing:Long-term care considerationsAsset protection for loved onesTransferring property, land, or family businessesCharitable givingReducing estate taxesBy planning ahead, seniors can avoid unnecessary legal complications and protect the legacy they've worked hard to build. Estate Planning Resources in the Western Slope of ColoradoThe Western Slope encompasses a diverse and vibrant part of Colorado, with strong local support networks for seniors and their families. Estate planning services in this area range from elder law professionals to non-profit legal aid and senior resource centers.Start your search here: Explore Senior Resources in the Western Slope Browse Estate Planning Services in the Western SlopeBe sure to look for services that offer:Experience working with seniorsCompassionate, clear communicationTransparent pricing or sliding-scale feesEducational workshops or free consultations Key Components of a Strong Estate PlanIf you're working with a legal professional or starting a DIY plan, make sure to include these essential pieces:Will: Outlines how your property should be distributed and who will serve as guardian for any dependents.Trust: Helps manage and distribute assets while potentially avoiding probate.Durable Power of Attorney: Authorizes someone to manage your finances if you're unable to do so.Advance Healthcare Directive: Specifies your medical care preferences and names someone to make decisions on your behalf if necessary.Beneficiary Designations: Ensures your life insurance, retirement accounts, and other policies are up to date.Even small updateslike changing a beneficiary or updating an addresscan make a big difference when the time comes. Local Insight: Estate Planning in Rural and Mountain CommunitiesOne of the unique aspects of estate planning in the Western Slope is the variety of property types and lifestyles. Many residents own land, ranches, or vacation homes, which require special attention in estate documents. Its also common for families to live in multi-generational households or have long-standing ties to their community.Working with a professional who understands the local context and real estate laws in Colorado is important for ensuring your estate plan is legally sound and culturally sensitive. Final ThoughtsEstate planning isnt just about preparing for the endits about creating a legacy, protecting your loved ones, and maintaining control over the decisions that matter most to you. If youre ready to begin or revisit your estate planning journey, the Western Slope offers trusted professionals and community resources to support you along the way. Taking action now can ease the burden on your family and give you confidence about the future.
Planning for the future isnt always easybut for seniors in Utah, estate planning offers peace of mind, protects assets, and ensures your wishes are honored. Whether you live in Salt Lake City, St. George, or Provo, having a thoughtful estate plan is one of the most important steps you can take to safeguard your legacy.In this guide, well break down the essentials of estate planning in Utah, explain why its so critical for seniors, and share trusted local resources that can help. What Is Estate Planning?Estate planning is the process of legally documenting your wishes for how your assetssuch as property, investments, savings, and personal belongingswill be managed and distributed after your death or in the event you become incapacitated. A comprehensive estate plan may include:A willA revocable living trustPowers of attorney (medical and financial)An advance healthcare directiveGuardianship designations (if applicable)In Utah, estate planning can also help your family avoid probate court, reduce estate taxes, and prevent disputes that could arise without clear legal guidance. Why Estate Planning Matters for Seniors in UtahUtah is home to a growing senior population who value independence, family, and financial security. Heres why estate planning should be a priority:1. Protect Your Loved OnesWithout an estate plan, the courts will determine how your assets are divided. This often leads to confusion or conflict among family members. Having a plan in place ensures your intentions are followed.2. Avoid Probate DelaysProbate can be a lengthy and costly process in Utah. Tools like living trusts help avoid probate and allow for a faster, smoother transfer of assets to your beneficiaries.3. Plan for IncapacityAn estate plan isnt just about what happens after you passits also about who will make decisions for you if you're unable to. Assigning a trusted medical and financial power of attorney ensures your wishes are respected during a medical crisis.4. Support Charitable CausesMany Utah seniors wish to leave a legacy by supporting local causes. Through estate planning, you can designate charitable organizations to receive a portion of your estate, ensuring your values live on. Utah-Specific Considerations for Estate PlanningUtah estate law has unique aspects that seniors and families should understand:Spousal Elective Share: Utah law ensures that a surviving spouse receives a share of the estateeven if not explicitly mentioned in the will.Simplified Probate for Small Estates: Utah allows for a simplified probate process for estates valued under a certain threshold.Digital Assets: Utah law includes provisions for managing digital assets (like online accounts) as part of your estate.Its important to work with professionals familiar with Utah laws to ensure your estate plan is legally sound. Trusted Estate Planning Resources in UtahFinding the right professionals and support is essential for successful estate planning. SeniorsBlueBook.com offers a curated directory of trusted senior resources in Utah, including those who can assist with legal, financial, and end-of-life planning needs.You can also explore this specific category to find Estate Planning and Elder Law specialists in Utah who understand the unique needs of aging adults and their families. Start Your Estate Planning Journey TodayIts never too earlyor too lateto begin planning for your future. Whether youre updating an old will or creating a comprehensive estate plan from scratch, taking the first step ensures that your wishes are documented and your loved ones are supported. Remember, estate planning is more than a legal task. Its a gift to your family, a declaration of your values, and a way to take control of your future.
Securing Your Future and Peace of MindEstate planning is a crucial aspect of securing your financial legacy and ensuring that your wishes are respected. In Southwest Florida, where many retirees settle for their golden years, understanding estate planning options and resources is especially important. Whether you're planning for your future or assisting a loved one, estate planning can bring peace of mind and help prevent family disputes.This blog will walk you through the basics of estate planning, why its important, and how to navigate the process in Southwest Florida. What Is Estate Planning?Estate planning involves creating a set of legal documents that outline how your assets and responsibilities will be managed during your lifetime and after your passing. These documents ensure that your estate is handled according to your wishes, minimizing confusion, delays, and tax burdens for your loved ones.Key components of an estate plan include:Wills and Trusts Direct how your assets will be distributed after death.Powers of Attorney Appoint trusted individuals to make financial or healthcare decisions if youre unable.Living Wills Outline your medical wishes if you become incapacitated.Beneficiary Designations Specify who will receive assets like life insurance and retirement accounts. Why Estate Planning Is Important for Seniors in Southwest FloridaFor many seniors in Southwest Florida, estate planning is an essential part of ensuring a smooth transition for family members and loved ones. With its large retirement population, Southwest Florida presents unique estate planning needs due to:Aging Population: Many seniors in Southwest Florida may have complex health or financial needs that require careful planning for long-term care and end-of-life decisions.Assets and Property: Homeownership is common in Southwest Florida, and planning how your real estate and assets will be distributed can prevent legal complications.Tax Considerations: Florida has no state income tax, which can be a financial advantage. However, estate planning can still help minimize federal estate taxes and other liabilities. Steps to Create an Estate Plan Assess Your Assets and Liabilities: Make a list of your property, savings, investments, and any debts. This will help guide how your estate will be divided. Draft a Will or Trust: Decide whether you want a simple will or a more complex trust. A will is a good option for straightforward estates, while a trust can offer more flexibility and tax advantages. Choose Executors and Powers of Attorney: Appoint trusted individuals to manage your estate and make medical or financial decisions on your behalf if necessary. Review Beneficiaries: Double-check that all your beneficiary designations are up to date for accounts like life insurance, retirement plans, and bank accounts. Consult an Estate Planning Attorney: While its possible to do some of the planning on your own, consulting an estate planning attorney can help ensure that your plan is legally sound and covers all necessary details. Common Estate Planning Mistakes to AvoidWhile estate planning can seem like a daunting task, avoiding common mistakes can save your loved ones time, stress, and money:Not Updating Your Plan: Life changes like marriage, divorce, or the birth of a child should prompt an update to your estate plan.Overlooking Digital Assets: Dont forget to include digital assets like email accounts, social media, and cryptocurrency in your planning.Failing to Plan for Incapacity: In addition to a will, its essential to plan for situations where you may be unable to make decisions for yourself.Choosing the Wrong Executor: Your executor will be responsible for managing your estate after your death. Choose someone who is trustworthy, organized, and willing to take on this responsibility. Estate Planning Resources in Southwest FloridaSouthwest Florida offers various resources to help you with estate planning. Whether you're looking for legal advice, assistance with document creation, or just want to understand the process better, there are many professionals in the area who specialize in helping seniors navigate the complexities of estate planning.Start your search for trusted estate planning professionals in Southwest Florida today:Explore Estate Planning Resources in Southwest FloridaFind Estate Planning Services in Southwest Florida Final Thoughts: Secure Your Legacy TodayEstate planning is an essential part of ensuring your wishes are honored and that your loved ones are provided for after youre gone. In Southwest Florida, where many seniors choose to retire, starting the estate planning process as early as possible can prevent unnecessary complications down the road. By making informed decisions, seeking professional advice, and keeping your estate plan up to date, you can ensure that your futureand the future of your loved onesis secure.