Q: I was told by family that since my mother is still alive that my father's will, will not go into Probate.Is that true?
I was told by my sister that since my Mom is still alive, the Will of my Father whom past away last Sunday that Mom is still alive so the will will not go into probate. Is that right? We all live in Colorado and Dad passed away in Colorado.
A: No, probate has NO relation to the living; probate relates to the deceased. If all assets were transferred into a trust or if the estate is of very low value (and no real property is included in the estate) it is possible to avoid probate. Other than that, probate is required under Colorado law--note a probate filing can occur (without exceptions) up to 3 years from death. I recommend that you contact a lawyer.
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