A will is a legal document that directs how your assets will be given away after your death. It allows you to give away some or all of what you own, including your real estate, cars, business holdings, money and personal property. Your property may be given to anyone you choose, with certain exceptions, after your estate debts are paid. You may name who you want to act as guardian for a minor or disabled adult child. You also can appoint a personal representative (formerly known as an executor) to handle your affairs after your death.

What happens if there is no will or if the will is invalid?

In Colorado, if a person leaves no valid will, the estate will be divided according to the laws of intestacy. Intestacy simply means that you died without leaving a will, and Colorado law then decides how your property will be distributed. This means that your immediate family (spouse and children) receives the estate. If you do not have a spouse or any children, then the law dictates that certain other blood relatives take the estate. This division can become complicated.

After your death, your property is managed by your personal representative. Generally, a personal representative handles your estate without court involvement. If you appoint a personal representative in your will, then that person will handle your estate. If you do not appoint a personal representative, or if you do not leave a will, then the court will appoint a personal representative to handle your estate.



What else does a will do besides distribute property?

Through a will, you can choose who will be the personal representative for your estate. A will can set up a trust for long-term management of assets and the protection and security of family members. Through a will, you can select the guardian for your minor children, although there are some restrictions.

Even if you intend to leave your estate to the same people who would receive it under the laws of intestacy, a will can simplify administration and allow for different distributions. A well drafted will can often reduce the time and expense of administering an estate.

What happens to my will if I get divorced or married?

Under Colorado law, if you get divorced after the will has been written, then the ex-spouse named in the will is automatically eliminated as a beneficiary when the divorce is final.

If you marry after you have written your will, then your spouse receives the same share he or she would have received without a will unless the will makes clear the omission was intentional or if your spouse was provided for outside the will. An intentional omission does not change the rights of your spouse to take a fixed share unless such rights have been relinquished in a marital agreement.

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