How to Avoid Probate Court


Whether we like it or not, death is an unavoidable part of life, and with it comes certain legal responsibilities. When one passes away, their estate often has to go through a process called “probate.” This is the court-supervised process of identifying and gathering the assets of a deceased person, paying their debts, and distributing the remaining assets to their heirs. While it is designed to ensure fairness and legality, probate can sometimes be a lengthy, costly, and emotionally draining process.

Probate and Its Disadvantages

Probate can be problematic for several reasons. It can be time-consuming, often taking anywhere from a few months to a few years to finalize. This delay can cause financial strain and stress to the bereaved family. It’s also public, meaning anyone can access your probate records. Lastly, probate can be costly, with legal fees, executor fees, and court costs potentially eroding the value of the estate.

When probate is necessary, understanding the types of probate proceedings is crucial. In Colorado, probate can be categorized into two main types: informal probate and formal probate.

Informal probate is a simplified process that is generally quicker, easier, and less costly than formal probate. It is typically used when the decedent’s estate is straightforward, with no disputes or issues that require a judge’s intervention. Meanwhile, formal probate is a more comprehensive process that is used when there are complications with the estate that requires judicial oversight.

Ways to Avoid Probate

Dealing with probate court proceedings is an overwhelming task, but it doesn’t have to be. Here are some ways you can avoid probate:

1. The Use of Living Trusts

One of the most effective ways to avoid probate court is by establishing a revocable living trust. This is a legal entity to which you transfer ownership of your property. While you are alive, you maintain control of the trust and can change it as you wish. Upon your death, the assets in the trust pass directly to your designated beneficiaries, without the need for probate.

2. Joint Ownership of Property

Another strategy is to hold your property jointly, with rights of survivorship. If one owner dies, their share of the property automatically transfers to the surviving owner(s), sidestepping probate. This approach works for real estate, vehicles, bank accounts, and other types of assets. However, it is essential to understand the legal implications and potential pitfalls of joint ownership, which our probate attorneys can help clarify.

3. Payable-on-Death and Transfer-on-Death Designations

You can also avoid probate by making payable-on-death (POD) designations for bank accounts and certificates of deposit, and transfer-on-death (TOD) designations for securities. These designations allow the assets to pass directly to your named beneficiary when you die.

By implementing these strategies, you can streamline the transition of your assets and eliminate the need for probate, saving your loved one’s time, money, and emotional strain.

Seek Legal Assistance from a Probate Attorney

At TNS Associates, our probate attorneys in Cherry Creek, Littleton, and Denver Colorado, are committed to simplifying this process for you. Our wealth of experience and understanding of Colorado probate laws ensure your peace of mind as we guide you through your estate planning journey.

Why wait for tomorrow when you can start securing your loved ones’ future today? Allow us to help you craft a plan that reflects your wishes and shields your family from unnecessary legal complications. Contact TNS Associates today and take your first step towards a worry-free future.