Legal Question in Wills and Trusts in Colorado

Re: probate and will

I recommend that you "lodge" the Will for safekeeping with the Court. The correct Court is the District Court, Probate Division for the County your husband was living in when he died.

Second, you should consult with a qualified estate attorney. Probate of the Will may not be required if there is no property in your husband's estate. If all property passed to you via joint tenancy or beneficiary designation, the probate will not be necessary.

However, if there is property in your husband's name alone, it will be necessary to administer that property in his estate.

Re: probate and will

You should consult a probate lawyer immediately. Your local bar association will give you a list of those lawyers in your area who practice probate law.

The law requires that you file the will for probate within a reasonable time of death, usually 90 days. The will does not become invalid, but may become ineligible for probate after a period of time.

The NM will is valid in CO providing it was valid in NM and there is no other will executed after the NM will.

There is no reason for you to wait. You may have substantial rights at stake. Initial consultations and case evaluations are usually done at no cost - ask.

Re: probate and will

I agree with Mr. Aspenwall. Be sure to have the probate lawyer check deeds and other title documents to see how tile is held. It may be that you only need to follow a simple procedure to clear your husband's name off titles and real estate.