Q: If my father didn't have a will, do I still have to go through the probate process to gain access to his assets?
A: It depends on the type and amount of the estate assets. If he owned real estate which was not held in joint tenancy with someone else or if he had personal property valued at more than $66,000.00, then a probate estate must be opened. If not, you may collect assets and distribute them by using the Small Estate Affidavit (JDF Form 998 available online from the Colorado Courts website).
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