Legal Question in Wills and Trusts in Colorado
Personal Representative
My mother passed away recently. She had a will in which she named me, her daughter, as her Personal Representative. Her estate is less than $50,000 and the only heirs are her children. She did not have any real property. Do I need to hire an attorney to file her will with the probate court and to be named her Personal Representative?
2 Answers from Attorneys
Re: Personal Representative
Perhaps not. You may be able to use the Small Estate Affidavit for the collection and distribution of her estate.
However, if there is any real estate (you say not) or if any of the accounts she owned will not recognize the Small Estate's Affidavit, then you may need to open her estate.
Your best approach is to seek the advice of a qualifed estate attorney in your area.
Re: Personal Representative
If the estate is less than $50,000 and no real estate is involved, you may be able to distribute the estate under a "small estate affidavit" rather than having to open a probate proceeding.