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Wills Explained: Your Essential Guide for Colorado Families

A will might be all you need—here's how to know if it's the right choice for you

How Does a Will Work?

A will is a legal document that directs how your assets are distributed after you pass away. It goes through probate court, where a judge oversees the process and appoints your personal representative (the person you’ve chosen) to carry out your wishes.
Think of a will like a bucket. During your life, all your assets go in the bucket. When you pass away and “kick the bucket,” everything pours out onto your beneficiaries all at once through the probate process.
For many Colorado families, a will-based estate plan is the right choice—it’s straightforward, effective, and more affordable than a trust-based plan.

What Can a Will Do for You?

Directs who gets your assets after you pass away
Names guardians for minor children
Appoints your personal representative to handle your estate
Ensures your wishes are honored rather than letting state law decide
Avoids family conflict by making your intentions clear
Provides a safety net even if you have other planning in place

Is a Will Right for Your Family?

A will is essential if you:

Have minor children (standard place to name guardians)
Own any assets in your individual name
Want to control who inherits your belongings
Want to avoid having state law decide your affairs

A will-based plan (without a trust) makes sense if:

Your beneficiaries are responsible adults who can manage money
You only own property in Colorado
You’re comfortable with the probate process (which is relatively simple here)
Simplicity and lower upfront cost are priorities
You don’t have concerns about creditors, lawsuits, or divorces affecting your beneficiaries

You might want to consider a trust instead if:

You have beneficiaries under 35 who need time to mature
You own property in multiple states
You want to protect inheritances from beneficiaries’ creditors or divorces
You need immediate incapacity management

Everyone needs a will—even if you have a trust.

During your Design Meeting, we’ll discuss what makes the most sense for you.

The Three Main Functions of a Will

Directs Distribution of Your Assets

Your will tells the probate court:

Who gets what (specific items or percentages)
When they receive it (immediately after probate concludes)
Who serves as your personal representative to handle everything

Without a will, Colorado’s intestacy laws decide who inherits—which may not match your wishes at all.

Names Guardians for Minor Children

This is one of the most important reasons to have a will. Your will is where most people nominate guardians for their minor children.

If you don’t name guardians and something happens to you, the court will decide who raises your kids. This could lead to family disputes or your children ending up with someone you wouldn’t have chosen.

Appoints Your Personal Representative

Your personal representative (sometimes called an executor) is responsible for:

Filing your will with the probate court
Gathering and inventorying your assets
Paying debts and taxes
Distributing assets to beneficiaries
Closing out your estate

Choose someone organized, trustworthy, and willing to handle the administrative work. Many people choose an adult child, sibling, or close friend. If you don’t nominate a personal representative in your will, family members may fight over who’s in charge.

The Truth About Probate in Colorado

What Is Probate?

Probate is the court process that oversees the distribution of your assets after you pass away. Your personal representative files your will with the court, and the judge formally appoints them to handle your estate.

Clearing Up Probate Myths

“Probate is expensive in Colorado” Not true. In some states, probate fees are a percentage of the estate—which can be very expensive. Colorado doesn’t work that way. Probate costs here are reasonable: court filing fees, publication costs, and your attorney’s fees (if you hire one).

“Probate takes forever” Not really. Most Colorado probate cases conclude within 6-12 months. If it takes longer, it’s usually because of family disputes or complex assets—and those same issues would slow down trust administration too.

“I need to avoid probate at all costs” Not in Colorado. Our probate process is relatively streamlined and not particularly burdensome. The decision between a will and trust should be based on your specific needs—not fear of probate.

“Probate is completely public” True. Wills filed with the probate court become public record. Anyone can see who inherited what. If privacy is important to you, a trust keeps your affairs private.

When Probate Actually Makes Sense

For many Colorado families, probate is perfectly fine. A well-written will administered through probate is:

Straightforward and predictable
Overseen by a judge (which provides structure)
Often faster than trust administration (which can take years if distributions are staggered)
Less expensive upfront than creating a trust

Probate isn’t the enemy—it’s just one way to transfer assets. The right choice depends on your situation.

Comparing Your Options: Wills vs. Trusts

How They Work Differently

A will is like a bucket. During your life, all your assets go in the bucket. When you pass away and “kick the bucket,” everything pours out onto your beneficiaries all at once through the probate process.

A trust is like a watering can. You control the watering can during your life, sprinkling money on whatever you need. When you pass away or become incapacitated, your successor trustee picks up the watering can and continues following your instructions—distributing funds gradually as needed.

Will	Trust
Immediate distribution to beneficiaries	Controlled distribution over time
Limited protection from creditors	Protects assets from beneficiaries' creditors
Limited to Colorado property	Can hold out-of-state property
Goes through probate court	Avoids probate for trust assets
Becomes public record	Remains private

Do You Need Both?

If you have a trust, you still need a “pour-over will” to catch any assets not titled in your trust. The will directs those assets into your trust through probate.

Most people either have:

A will-based plan (will + powers of attorney + healthcare directives), OR
A trust-based plan (trust + pour-over will + powers of attorney + healthcare directives)

We’ll help you determine which approach makes sense for your family.

The Risks of Not Having a Will

Colorado’s Intestacy Laws Take Over

If you die without a will, Colorado law decides who inherits your assets. The distribution follows a rigid formula:

If married with children: Your spouse gets your share of marital property; separate property is divided between your spouse and children
If married without children: Everything to your spouse (usually)
If unmarried with children: Everything divided among your children
If unmarried without children: To your parents, then siblings, then more distant relatives

This might not match your wishes at all. You have no say in:

Who gets specific items
Whether anyone is excluded
Who manages the estate
Who raises your minor children (the court decides)

The Court Appoints Someone

Without a will naming your personal representative, the court appoints someone—usually your closest living relative. This might be the right person, or it might not.

Family members might fight over who should be appointed, creating conflict and delays.

It’s More Complicated and Expensive

Dying without a will often costs your family more in the long run because:

Multiple family members might need attorneys
The court process takes longer
Bonds may be required (insurance that protects the estate)
Uncertainty creates disputes

A will costs far less than the problems it prevents.

Selecting Your Personal Representative

What to Look For

Pick someone who is:

Reliable and trustworthy (this is non-negotiable)
Organized and detail-oriented (there’s paperwork and deadlines)
Available and willing (it’s real work for several months)
Good with people (may need to communicate with beneficiaries)
Financially responsible (they’ll be managing your assets temporarily)

Many people choose an adult child, sibling, or close friend. Always name backup options in case your first choice can’t serve.

Can You Name Co-Representatives?

Yes, but think carefully. Two people can serve together, but they must agree on every decision. This can cause delays or deadlocks if they disagree.

Professional Fiduciaries

If your estate is complex or you don’t have a suitable friend or family member, you can appoint a professional fiduciary (usually a bank or trust company) as your personal representative. They charge fees but bring expertise and impartiality.

Handling Out-of-State Property

The Multi-State Problem

Colorado probate courts can only handle property located in Colorado. If you own real estate or other property in another state and only have a will, your family would need to open a second probate case in that other state.

Nobody wants to probate an estate twice. It doubles the time, cost, and hassle.

Two Potential Solutions

A trust can hold property from any state. When you pass away, your successor trustee handles all trust property—regardless of location—according to your trust instructions. One trust. One administration. No duplicate court processes.

Some states authorize the use of a transfer-on-death deed (Colorado calls it a Beneficiary Deed). This allows property to transfer to someone you designate in the deed after you’ve passed away. Transfer-on-death deeds work well when you want to leave your home to one person, but when you make two, three, or more people joint owners of the property conflicts regularly arise that need to be settled by a court.

You absolutely should not use a quitclaim deed for estate planning purposes as this creates an immediate gift of your home. You lose control over the property and there are significant tax repercussions.

Your pet needs a plan, too

Without proper planning, your beloved pet’s future is uncertain. A pet trust lets you name a trusted caregiver, set aside money for food and vet care, and ensure your companion receives the love and attention they deserve. It’s the only way to guarantee your pet won’t become a burden or end up in the wrong hands.

You can name backup caregivers, specify care instructions, and appoint a trustee to manage the funds. Your pet gets lifetime care exactly as you’d want, and your family doesn’t have to guess or scramble to figure out what’s best.

Debunking Common Will Misconceptions

“I’m Too Young to Need a Will”

If you have minor children, own property, or care who inherits your belongings, you need a will—regardless of age. Unexpected things happen. Planning ahead protects your family.

“Everything Goes to My Spouse Automatically”

Not necessarily. While spouses do inherit much of your estate under Colorado law, it’s not always “everything”—especially if you have children from a previous relationship or own separate property. A will ensures your exact wishes are followed.

“My Beneficiary Designations Cover Everything”

Beneficiary designations (on life insurance, retirement accounts, bank accounts) only cover those specific accounts. Everything else—your home, car, personal belongings, investment accounts without beneficiaries—goes through your will or intestacy.

“I Can Just Write My Own Will”

While Colorado recognizes handwritten (holographic) wills, they’re risky. Unclear language, missing legal requirements, or ambiguous terms can lead to disputes and court challenges. A properly drafted will costs far less than the problems a DIY will can create.

“Once I Sign a Will, I Can’t Change It”

You can update your will anytime while you’re mentally capable. As your life changes—new children, marriages, divorces, asset changes—your will should change too. We recommend reviewing your estate plan every 3-5 years or after major life events.

Frequently asked questions

What is a will?

A will is a legal document that directs how your assets are distributed after you pass away. It goes through probate court, where a judge oversees the process and your personal representative carries out your wishes.

Do I need a trust or is a will enough?

Everyone needs a will—even if you have a trust. A will names guardians for minor children (which a trust cannot do) and catches any assets not in your trust. Most people have either a will-based plan or a trust-based plan (which includes a pour-over will).

What's the difference between a will and a trust?

A will is like a bucket that pours everything out at once through probate. A trust is like a watering can that sprinkles assets out gradually over time, avoiding probate and providing ongoing management.

What's the difference between a will and a trust?

What happens if I don't have a will?

Colorado’s intestacy laws decide who inherits your assets according to a rigid formula. You have no say in who gets what, who manages your estate, or who raises your children. It’s more expensive and complicated for your family.

What does probate cost in Colorado?

Probate in Colorado is relatively affordable—typically a few hundred dollars in court costs plus attorney fees if you hire one. Unlike some states, Colorado doesn’t charge a percentage of the estate value.

How long does probate take?

Most Colorado probate cases conclude within 6-12 months. Complex estates or family disputes can take longer, but the process is generally straightforward.

Who should be my personal representative?

Choose someone organized, trustworthy, available, and willing to handle administrative work for several months. Many people choose an adult child, sibling, or close friend. Always name backups.

Can I disinherit someone?

Generally yes, except for your spouse. Colorado law provides certain protections for spouses, but you can generally disinherit children or other relatives if you choose. Your will should state this explicitly. However, hurt feelings can lead to probate disputes, so talk to an attorney about minimizing that risk.

How often should I update my will?

Review your estate plan every 3-5 years or after major life events: marriages, divorces, births, deaths, significant asset changes, or moves to another state.

Is a handwritten will legal in Colorado?

Yes, Colorado recognizes holographic (handwritten) wills if they meet certain requirements. However, they’re risky—unclear language or missing elements can lead to disputes. A properly drafted will is worth the investment.

What's included in a complete will-based estate plan?

A complete plan includes your will, financial power of attorney, medical power of attorney, and advance directive (living will). These documents work together to cover both after-death and incapacity situations.

Will a trust save me money on taxes?

Not for most Coloradans. Estate taxes only apply to estates over $13.99 million (individuals) or $27.98 million (couples). While estate taxes aren’t an issue for most of us, if you have a taxable estate the a trust can help reduce tax liability.

Do I still need powers of attorney if I have a will?

Yes. A will only becomes effective after you’ve passed away. Powers of attorney allow your chosen decisionmaker to trust and medical decisions.

Why choose The Law Office of Clark Daniel Dray?

Straightforward Flat-Rate Fees

You'll know what your estate plan costs before we begin—no hourly billing, no surprise invoices. We provide a clear quote in your Design Meeting based on the plan we design together.

Tailored Solutions

No two families are alike. We create estate plans that align with your unique goals and values.

Compassionate Guidance

Estate planning is personal. We’re here to listen, guide, and ensure your peace of mind.

Colorado-Specific Expertise

With in-depth knowledge of Colorado estate laws, we craft plans that work within state regulations.

Schedule your free consultation today

During your consultation, we'll:

There’s no cost, no obligation — just honest guidance based on your wishes and goals.

What clients say about The Law Office of Clark Daniel Dray

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✓ Check Estate Planning off your to-do list

In three straightforward steps, you’ll create a legally enforceable estate plan and move forward with confidence.

Estate planning can feel overwhelming.
We'll guide you through it.

Managing Attorney Clark Dray has guided Colorado families through estate planning for 15+ years. He explains your options in plain language so you can build the plan that’s right for you.

"Early in my career I saw estate plans so complex it took years for families to receive inheritances. That’s why today I focus on creating clear, enforceable plans that protect my clients’ wishes and make things simple for the people they trust."

-Clark Dray

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The Law Office of Clark Daniel Dray

6343 W 120th Ave #211 Broomfield, CO 80020