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 #6 (Part 6 of 12)

Colorado probate misconception #6: A surviving spouse is liable for all debts of the deceased spouse. Not likely. A surviving spouse can be liable for all the debts of the deceased spouse. However, seldom is that the case. The most common way for a surviving to be liable for the separate debts of a deceased spouse is if the debt was incurred for a family purpose. Even then, the actual contractual obligation is not the basis of the liability – meaning that any contractual agreement made by the deceased to pay attorneys fees and costs is not applicable to the surviving spouse so long as the surviving spouse did not execute the contract, too. Without the attorneys fees clause, many creditors will not file a lawsuit. The creditor will probably choose the collection agency route.