Northglenn, CO estate planning & probate attorney Andrew St. Pierre discusses the difference between Letters of Administration and Letters Testamentary in CO. He explains that, much like many other areas in 2023, estate planning is surrounded by a significant amount of misinformation. While reliable information exists, it is often difficult for individuals to separate credible guidance from the many misconceptions circulating in the community and online.

One common misconception he frequently encounters is the belief that spouses automatically serve as each other’s Powers of Attorney. This is not the case, and he regularly sees situations where that assumption creates challenges when legal authority is actually required.

Another widespread misunderstanding involves the role of a will. Many people assume that having a will means they can avoid court proceedings, disputes, or probate. In reality, a will functions only as an instruction sheet for the probate court, governing solely the assets that pass through the probate process. Since probate is often time-consuming and complex, his firm places strong emphasis on helping clients structure their estate plans to minimize or avoid probate altogether.

In Colorado, a will designates a “personal representative” (previously referred to as an executor) to manage the estate. However, this representative has no legal authority until formally appointed by the court during probate. When his firm assists with probate cases, one of the first steps is filing the will with the court, followed by an application requesting the official appointment of the personal representative. Once approved, the court issues a formal order known as “letters,” which grant legal authority to act on behalf of the estate.

These letters come in two forms: Letters Testamentary (when there is a will) and Letters of Administration (when there is no will and the estate is intestate). While the titles differ, both documents carry the same legal authority unless otherwise restricted by the court, which is uncommon. With these letters, the representative can handle estate matters such as accessing funds from banks or selling property.

Ultimately, his objective is to structure estate plans in a way that prevents the need for a personal representative to be appointed at all—thereby avoiding probate. While every individual should have a will in place, the greater goal is to ensure assets transfer outside of the probate process, saving families time, cost, and unnecessary complications.