Colorado Will Packages and Basic Estate Planning
A situation appears frequently.
Someone owns a home, has savings, perhaps a retirement account, and children or other close family members. They intend that everything should pass in a straightforward way. They have discussed it informally. Everyone “knows” what is supposed to happen.
No written plan exists.
The assumption is that if something happens, family members will simply handle it. In practice, the opposite occurs. The legal system does not distribute property based on conversations or expectations. It distributes property based on documents, or if documents are absent, based on statutory default rules.
A will package exists to replace uncertainty with a clear legal instruction set.
What a Will Actually Does
A will is a written direction to the probate court.
After death, someone must have legal authority to act. Accounts must be accessed, debts addressed, property transferred, and title to real estate changed. No one automatically receives that authority. The probate court appoints a personal representative, and the will is the document that tells the court who should serve and how property should pass.
Without a will, the court follows Colorado intestacy statutes. Those rules distribute property according to a fixed hierarchy. They do not consider personal preferences, step-relationships, informal arrangements, or promises.
A will allows you to:
• name the person who administers your estate
• specify who receives property
• nominate guardians for minor children
• coordinate distributions among family members
• simplify court administration
The function is administrative clarity. The will provides instructions the court can follow.
What Is Included in a “Will Package”
A will rarely stands alone. A workable estate plan requires several supporting documents because many issues arise before death and outside probate.
A typical will package includes the following documents.
Last Will and Testament
This directs distribution of probate assets and names the personal representative who will manage the estate administration process.
Financial Power of Attorney
This authorizes a trusted person to handle financial matters if you are alive but unable to act — banking, insurance, contracts, property management, and related transactions. Without it, family members often must pursue a conservatorship proceeding to obtain authority.
Medical Durable Power of Attorney
This allows a chosen person to communicate with medical providers and make health-care decisions when you cannot.
Advance Directive / Living Will
This expresses treatment preferences regarding life-sustaining procedures. It reduces uncertainty for both family members and providers.
HIPAA Authorization
Medical providers are restricted in what information they may disclose, even to close family members. A HIPAA authorization permits the people you name to obtain medical information and speak with providers about your condition. Without it, family members and even agents under a medical power of attorney may encounter delays obtaining basic information needed to make decisions.
These documents address two different legal periods: incapacity during life and administration after death. A will alone does not address incapacity, which is why a package matters more than a single document.
Revocable Trusts and Pour-Over Wills
Some families prefer a revocable trust structure. In that arrangement, assets are owned by a revocable trust during life and administered by a successor trustee after death. The trust provides continuity of management and can simplify transfers, particularly when multiple assets must be administered.
A pour-over will is used alongside the trust. Its function is straightforward: if any asset remains outside the trust at death, the will directs that asset into the trust so administration stays centralized.
These arrangements are still considered basic planning. They do not involve advanced tax strategies or complex multi-generational structures. The purpose is coordination and administrative efficiency, not tax engineering.
Why Problems Occur Without Clear Documents
Estate disputes rarely begin as intentional conflicts. They begin with ambiguity.
Typical issues include:
• uncertainty about who is authorized to act
• disagreement over informal promises
• multiple family members attempting to manage property
• unpaid expenses and inaccessible accounts
• real estate that cannot be sold or refinanced
When no clear written instruction exists, the probate court must determine authority through proceedings that are slower and more expensive than ordinary administration.
Even when a will exists, problems arise if it is unclear, outdated, improperly executed, or inconsistent with how property is titled.
For example, a will may leave a house to one person, but title ownership or beneficiary designations may direct the asset elsewhere. The legal result follows the controlling document, not the expectation.
The Connection to Estate Disputes
Most will disputes are document disputes.
Courts evaluate whether a document is valid, whether it was properly executed, whether the person had capacity, and what the text actually means. The dispute often centers not on fairness but on interpretation.
Common contested issues include:
• competing wills
• amendments and handwritten changes
• allegations of undue influence
• interpretation of distribution language
• duties of the personal representative
These are record-based proceedings. The court reviews written instruments, witness testimony about execution, and the circumstances surrounding signing. Clear documents reduce the likelihood of litigation because they reduce uncertainty about intent and authority.
What Lawyers Actually Do in Basic Estate Planning
Basic planning is primarily a drafting and coordination process.
The work involves identifying assets, understanding how they are owned, and ensuring the documents match the ownership structure. A will cannot control assets that pass by beneficiary designation, and a trust cannot operate correctly unless assets are titled to it.
The objective is not to create complexity. The objective is to produce instructions that the probate court and financial institutions can follow without interpretation.
Execution also matters. Wills must be signed with specific formalities. Improper execution can invalidate the document entirely, regardless of the person’s intentions.
When a Will Package Makes Sense
A will package is appropriate whenever a person:
• owns real estate
• has minor children
• has multiple beneficiaries
• wants to designate who manages the estate
• wants to avoid court uncertainty
It is also appropriate when family members would otherwise need legal authority to act during incapacity.
Estate planning is less about asset size than about administration. Even modest estates require a legal mechanism for transferring ownership and authorizing decisions.
Flat Fee Pricing for Wills Packages
Basic will packages are handled on a flat-fee basis so the scope and cost are predictable. For most situations, the fee is $1,200 for an individual and $1,600 for a couple. The package includes the will, financial power of attorney, medical durable power of attorney, advance directive, HIPAA authorization, and a supervised execution meeting. Revocable trust planning, including a revocable trust with a pour-over will, is available where appropriate and is typically an additional $800–$1,500 depending on complexity and coordination required.
Closing
Basic estate planning provides a set of written instructions the court and family can rely on during incapacity and after death. Clear documents prevent administrative problems and reduce the likelihood of disputes over authority or interpretation. The firm prepares wills, revocable trusts, and related estate documents and also handles disputes involving wills and estate administration, including interpretation and validity issues, and can review your situation and documents to determine what structure fits the circumstances.