When you think of estate planning, the first document that comes to mind is usually a Last Will and Testament. A will is the cornerstone of any estate plan – the handy legal document that tells the Probate Court how to distribute your assets after you pass away (of course, only after any creditors get paid). In a will, you decide who inherits your property, from real estate down to sentimental family heirlooms. Without a will, your estate would be distributed according to Colorado’s intestacy laws, meaning the state decides who gets what – and no one wants that.

A proper will ensures your wishes are honored – for example, you can make sure your granddaughter receives that prized heirloom ring and your brother gets the coin collection you two built together, instead of leaving it up to a state formula.

What Happens If You Don’t Have a Will? 

Dying without a will (called “intestate”) triggers a legal process where Colorado law determines your heirs. This process can be time-consuming, costly, and may not reflect what you would have wanted. For instance, the law might split your assets among relatives in a way you would never have intended. If you have minor children and haven’t named a guardian in a will, a court will appoint a guardian for them – possibly someone you wouldn’t have chosen yourself. In short, without a will, you lose control over who will care for your children and who will inherit your assets. Creating a will puts you back in control, sparing your loved ones from unnecessary conflict or legal battles during an already difficult time.

Key Benefits of a Last Will and Testament

A will can address a variety of important matters in your estate plan. Here are some key things you can do with a will:

• Decide Who Inherits Your Assets: You get to choose your beneficiaries – whether they are family, friends, or charities. This ensures your money and property go exactly where you want, rather than following a one-size-fits-all state scheme.
• Name a Guardian for Minor Children: If you have children under 18, you can nominate a guardian to raise them in case something happens to you. This way, you – not the court – decide who will care for your kids. Without this in place, a judge may appoint a guardian that you might not have chosen yourself.
• Appoint an Executor (Personal Representative): You will designate a trusted person to serve as your executor. This person will manage your estate, pay any bills and taxes, and ensure your wishes in the will are carried out. It’s important to pick someone responsible and trustworthy for this role.
• Leave Specific Bequests: You can make special gifts of sentimental or valuable items. For example, you might leave a specific heirloom or collectible to a particular relative (as mentioned above), or set aside a sum of money for a grandchild’s education. These personal gifts can be clearly spelled out in your will.
• Provide Funeral/Final Wishes: Many people also include instructions or preferences for their funeral or memorial in their will. While not legally binding, stating your wishes can guide your family and relieve them of guesswork during a stressful time.

Together, these benefits show why a will is so vital. By creating a will, you protect your loved ones from uncertainty. You make things easier on them by providing clear directions and preventing the delays and expenses that can happen when there’s no guidance.

How Helland Law Can Help

Drafting a will involves more than just writing down who gets your stuff. It must meet specific legal formalities to be valid in Colorado – such as being signed and witnessed properly. At Helland Law, we specialize in preparing wills that stand up in court and truly reflect your wishes. Attorney Jason Helland will walk you through all the considerations, like choosing an executor and backup executor, naming guardians, and deciding on alternate beneficiaries in case someone predeceases you. We take the time to understand your family and your assets, ensuring nothing is overlooked, including often overlooked assets like your Facebook account. Our firm will craft a clear, customized Last Will and Testament for you, and guide you through signing it with the required formalities so that it’s legally effective.

We also advise on how to keep your will up to date. Life changes – such as marriages, divorces, new children or grandchildren, or significant shifts in assets – may mean your will needs revising. Our goal is to make sure your will always matches your current wishes and family situation.

Keep in mind, a will often works hand-in-hand with other estate planning tools. For example, even if you set up a trust (as discussed below), you should still have a “pour-over” will to catch any assets not titled in the trust. We’ll ensure your will and any trust or other documents are coordinated for maximum protection. A will is just one piece of a comprehensive estate plan.

Most importantly, having a professionally drafted will gives you peace of mind. You can live your life knowing that if anything happens, your loved ones are taken care of and your legacy will be handled the way you want. It’s truly an act of love and responsibility to create a will. (If you’re unsure how to start this conversation with an older family member, check out our blog post “How to Talk to Your Parents About Estate Planning” for some tips on approaching the topic with compassion and urgency.)

Ready to Draft your Will?

At Helland Law, we make the process of creating a will straightforward and even comforting. Don’t leave your legacy up to Colorado’s default laws – schedule a meeting with us today. Your family will thank you for taking this important step.