Q: If I am the next of Kin and there is not a Will in place, what are the next steps?

A: Hello ~ if a person dies in Colorado and there is no will found, that decedent will have died 'intestate'. An heir or interested person can still file for probate, but it will be with the distinction that there is no will under which to follow the distribution of estate assets. Instead, there are Colorado laws that provide the hierarchy for the distribution of estate assets to heirs. For example, if an unmarried person without children passes without a will, the decedent's parents will inherit, if they are living. If the same decedent has a surviving spouse and biological children, those family members will inherit.

It is entirely possible that no probate proceeding is necessary, especially if the decedent designated named beneficiaries to inherit certain assets such as bank and investment accounts and retirement assets. Those are considered 'non-probate transfers' under Colorado law, and you should check to see what types of assets the decedent owned at death and if he/she executed transfer on death beneficiary forms that name you or others.

If the decedent owned real estate in Colorado, a probate will need to be opened in order to sell the property or transfer title to a new owner. There are 'non-probate transfers' for Colorado real estate, but only if the decedent properly filed a beneficiary deed in the county in which the property is located. A title check will help uncover this information.

Again, if you, as Next of Kin, need help assessing the inventory and type of the estate assets, it would be advantageous to consult with an experienced attorney to learn how those assets will transfer to the decedent's heirs. Locating the assets, and determining if there is a beneficiary designation or not, is the first place to start. . Best wishes to you, and I am sorry for your loss.

A: Consider consulting with an estate planning attorney who can guide you through this process, as intestate cases can become complex depending on family dynamics and types of assets involved.