If a person wants to establish their rules for the inheritance of property and rights after their death, they need to use a Last Will. In Colorado, using this form, a testator can appoint a certain person(s) to fulfill their will, divide movable and immovable property between them, and appoint a guardian for minor children. The local law also allows citizens to assign responsibility for a pet, if necessary (the period of care is up to 21 years).
In order for your last will and testament to be valid in the state of Colorado, it must meet the following requirements:
The document must be in writingThe document must be signed by the testator (the person who is making the will)The document must be signed by two witnesses (with them having signed the will within a reasonable time after they witnessed the testator’s signing of the document) or by a notary public or another individual authorized by law,
The witnesses (or a notary public) must also sign the documentIf you do not meet these requirements, your last will and testament will not be considered valid in the state of Colorado. Therefore, it is important to ensure that your document meets all of the requirements before you have it notarized.
Benefits of Having a Last Will and Testament in Colorado
The laws of Colorado strictly define the rules of inheritance of a person’s property after their death. The rights to the deceased’s property pass to the spouse, and if the spouse is not alive, the descendants get it. Meanwhile, the spouse must divide the property between the parents and the descendants of the deceased. The law may not coincide with the wishes of a person who wants to dispose of his property differently after death. That is what a Last Will is for.
When it comes to estate planning, a last will and testament is one of the most important documents you can have. This document allows you to specify how you would like your assets to be distributed after your death. Without a last will and testament, state intestacy laws will determine how your assets are distributed, which may not be in accordance with your wishes.
A last will and testament can also be used to name a guardian for your minor children. If you die without a last will and testament and you have minor children, the court will appoint a guardian for your children. The court may not appoint the person you would have chosen, so it is important to specify your wishes in a last will and testament.
Creating a last will and testament is generally a simple process and does not require the assistance of an attorney. However, it is important to make sure that your last will and testament is valid and meets all legal requirements. If your last will and testament is not valid, it may be challenged in court and could be overturned.
Some of the benefits of having a last will and testament include:
Allows you to choose how your assets will be distributed after your deathCan name a guardian for your minor childrenIs generally a simple and inexpensive processEnsures that your wishes will be carried out after your deathIf you don't have a last will and testament, it's important to create one as soon as possible.
Colorado Law Requirements for Filing a Last Will
In Colorado, the testator’s relatives or appointees must file a testament within ten days of the testator’s death. Then the court considers the will and makes a verdict on the distribution of the deceased’s property. Uncontested property passes through an informal will. In cases where the property is contested or executed under a controversial will, it goes through a formal procedure.
If the total value of the property does not exceed $ 50,000 and also does not contain real estate, the inheritors do not have to use a Last Will to assign rights to this property. In this case, an Affidavit for Collection of Personal Property can be used. One way or another, a court decision is necessary for the distribution of rights. After the person(s) appointed by the testator receives a court verdict, they can dispose of the property and pay the debts, if any.
Restriction on the Action of a Last Will
Even a Last Will dealing with contested property cannot completely override state laws. This is because the inheritance law intersects with other laws, such as IRA accruals, co-acquired property, and the general inheritance act.
In Colorado, the following restrictions apply to testaments:
The spouse of the deceased will receive the jointly acquired property if it has the status of the right of survivorship$ 26,000 goes to the spouse of the deceased; if they are not alive, the descendants distribute this amount among themselvesRetirement income passes to the beneficiaries regardless of how this point is defined in the testament.Changing and Revoking a Testament in Colorado
If a person wants to change their Last Will, they write an amendment to the original document, which specifies other terms for inheritance of property. To completely cancel the current will, there are two ways. First, a testator can create another document of the same type, which contains different conditions and cancels the previous one by its presence. Second, they can destroy the document themselves or ask another person to do it. Under the Colorado laws, both ways eliminate the current terms of property inheritance.