If my ex-husband left a Will with my son named as the sole beneficiary and representative, what does he need to do to proceed?
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If my ex-husband left a Will with my son named as the sole beneficiary and representative, what does he need to do to proceed?
My son is named as the representative for my ex-husband’s estate in his Will. He
is also named as the sole beneficiary. Does he still need a probate? If so,
what is the process for acquiring one and what are the costs?
Asked on September 21, 2018 under Estate Planning, Colorado
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
I am so sorry for your loss. The answer to this question lies in how the assets are held. If they are in your ex husband's name (or someone other than your son's name) then yes, he has to file a Petition for Probate to be named as the executor of the estate and submit the Will for probate. He has to give notice to all potential heirs and creditors under the law. He has to marshall (gather) assets of his Father and value them for estate purposes. Once appointed he can execut all legal doculments needed to transfer assets as well. It can be overwhelming and he should seek some help. The cost can vary and he should call around to see and check with the local bar association for a name and for fees. Good luck.
http://www.denbar.org/Public/Public-Legal-Information/Probate-in-Colorado
https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=143
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