Do assets go through court (probate) or pass directly to survivors?

Short answer: In Colorado, assets titled solely in a deceased person’s name with no named beneficiary or surviving joint owner generally must be administered through probate (court administration). Assets that have a surviving joint owner, a named beneficiary, or that are held in a trust generally pass directly to survivors outside probate.

Detailed answer — which assets go through probate and which pass directly to survivors

To decide what must go through the Colorado probate court, you need to identify how each asset is owned or titled and whether it carries a beneficiary designation or survivorship right. Below is a practical breakdown of common asset types and how Colorado law treats them.

Assets that typically pass directly to survivors (no probate required)

Jointly owned property with right of survivorship: Property (bank accounts, real estate, brokerage accounts) owned as joint tenants with right of survivorship or as tenants by the entireties (for married couples where applicable) passes automatically to the surviving joint owner on death.
Accounts with payable-on-death (POD) or transfer-on-death (TOD) designations: Bank accounts or securities that name a POD or TOD beneficiary transfer directly to the named beneficiary when the owner dies, without opening a probate estate.
Retirement plans and life insurance with named beneficiaries: IRAs, 401(k)s, pensions, annuities and life insurance proceeds payable to a named beneficiary pass to that beneficiary directly upon proof of death and proper claim — typically outside of probate.
Property held in a living trust: Assets titled in the name of a revocable trust avoid probate because the trust instrument controls who gets the property.
Beneficiary deed (real property): Colorado allows a recorded beneficiary (or “transfer-on-death”) deed for real property, which can transfer title to a named beneficiary at death without probate. (See Colorado laws on transfer-on-death/beneficiary deeds under Colorado real property statutes.)

Assets that commonly must go through probate (court administration)

Solely titled property with no beneficiary: Real estate, bank and brokerage accounts, and other assets titled only in the decedent’s name and without beneficiary designations generally must be administered through probate so a personal representative (executor/administrator) can transfer title or sell assets and pay debts.
Personal property with significant value: Furniture, collectibles, vehicles, jewelry and other tangible personal property owned only by the decedent frequently move through probate if ownership cannot be transferred by other means.
Business interests: Sole proprietorships or membership interests in LLCs and shares in privately held businesses that lack clear transfer provisions may need probate (or other formal transfer procedures) to change ownership.
Assets with unclear or contested ownership: If ownership is disputed, or if beneficiary designations are ambiguous, the probate court is the place to resolve claims and clear title.

Special Colorado rules and tools that can avoid probate

Colorado law provides tools and procedures that either avoid probate or simplify administration:

Beneficiary deeds for real estate: A recorded beneficiary deed can transfer real property on death without probate. See Colorado real property statutes and local instructions on preparing and recording a beneficiary deed. (See Colorado Revised Statutes, title on real property.)
Payable-on-death / Transfer-on-death accounts: Naming POD/TOD beneficiaries for accounts and securities is a simple way to avoid probate for those assets.
Living trusts: Funding a revocable living trust and retitling assets to the trust avoids probate for trust assets.
Small estate procedures and affidavits: Colorado permits simplified procedures in many situations where the estate’s value is small or when only certain types of personal property are involved. These procedures let certain assets transfer without full probate administration. Check the Colorado courts resources for thresholds and required forms.

How to determine if an asset must go through probate — practical steps

Gather the decedent’s documents: deeds, titles, bank and investment account statements, insurance policies, retirement plan statements, trust documents, and any beneficiary designations.
Check account titles and beneficiary designations closely: Look for joint ownership language (“joint tenants with right of survivorship”) or named beneficiaries (POD, TOD, life insurance, retirement plans).
Inspect real property records: See county recorder records to find existing beneficiary deeds or joint ownership.
Compare total assets to the state’s simplified-procedure guidance: If the estate is small or limited to certain personal property, a small-estate or affidavit procedure may apply.
If in doubt, contact the Colorado probate court clerk or a probate attorney to confirm whether you must open an administration case and what type (informal vs. formal proceedings).

Where Colorado law discusses these topics

Colorado’s probate and fiduciary laws are located in Colorado Revised Statutes, Title 15 (Probate, Trusts, and Fiduciaries). Colorado’s real property statutes cover beneficiary-deed rules. The Colorado Judicial Branch provides user-friendly forms and explanations for probate procedures and small estate processes. For the statutory text and official guidance, see:

When to consult an attorney

If assets are substantial, ownership is unclear, potential creditors exist, disputes among survivors are likely, or an estate may owe taxes, you should consult a Colorado probate attorney. An attorney can confirm which assets must be administered, explain simplified procedures that may apply, and help prepare and file the necessary court papers in the appropriate Colorado county probate court.

Disclaimer

This article provides general information about Colorado probate and asset transfer rules and is not legal advice. For advice about a specific situation, consult a licensed Colorado attorney.

Helpful Hints

Inventory titles and beneficiary designations as soon as possible after a death.
Look first for survivorship language or beneficiary names — many assets pass outside probate.
Recorded beneficiary deeds and POD/TOD designations are powerful tools to avoid probate; confirm proper recording and current beneficiary names.
Keep originals of wills, deeds, trust documents and beneficiary designations in a safe, known place and tell a trusted person where they are.
When in doubt about small‑estate thresholds, contested claims, or tax implications, get legal advice early — delays can increase costs and complexity.