It depends. That is the short answer because whether (or not) a will can help your loved ones avoid probate in the future will depend on a number of different factors, only some of which include:
To unpack this answer a bit more, the following explains how and when a will can (versus cannot) be used to avoid probate.
Please be aware that the information contained herein has been purposely generalized (in order to be as widely applicable as possible). When you are ready to receive answers specific to your situation and needs, please call a Denver estate planning attorney at Phillips & Blow, PC.
In general, a will can be used to help avoid probate if or when additional estate planning devices (like the following) have been put in place (either as part of the terms of the will or independently, outside of the will):
Here, it is important to note that you do not have to make special plans for jointly held property. That property will usually go to the surviving owner after you pass; if the other joint owner passes away before you do. This means you will be the sole owner, meaning that you will need to make special plans if you do not want that property to be probated later.
A will alone will NOT typically be effective for helping your loved ones avoid probate if or when:
To find out more about your best options for helping your loved ones avoid (or minimize their obligations related to) probate in Colorado, contact a trusted Denver probate attorney at Phillips & Blow, PC.
We are ready to help you devise the best estate planning solutions for you so you can be sure that your loved ones and legacy are protected in the future. Known for our experience, personal service and affordable rates, we provide both estate planning services and representation in Colorado probate.
We can discuss your estate planning needs and different options during our consultation. To schedule this meeting, call us at (303) 741-2400 or email us using the contact form at the top of this page.
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