Twelve Common Misconceptions About The Colorado Probate Process

Our office routinely handles the same questions or misconceptions about the Colorado probate process. Twelve of the most common Colorado probate misconceptions are listed in this 12 part series.

Colorado probate misconception #1 (Part 1 of 12)

Colorado probate misconception #1: The surviving property owner automatically owns any jointly held real property (the house). This is perhaps the biggest misconception people have about the Colorado probate process. It is a misconception about how Colorado real property passes at death. The requirements for properly transferring jointly held Colorado real property range from legally documenting the transfer in the real property records to opening a probate estate to physically draft a deed of transfer. The requirements are not known until a full review of the jointly held Colorado real property is complete.