Northglenn, CO estate planning & probate attorney Jeff Althaus discusses why you need a will in Colorado. He often explains that one of the most common questions clients ask is why they need a will. His candid response is that, technically, they do not. While this may sound surprising coming from an attorney who drafts wills, he emphasizes that a will is often the least important document in an estate plan.

He clarifies a common misconception: having a will does not mean avoiding probate. A will is simply a legal document that states who should manage the court process and how assets should be distributed after death. If a will is being used, the estate is already in probate, as the court must oversee its execution.

That said, he stresses that everyone should still have a will because it provides clear instructions, identifies who should be in charge, and—most importantly—allows parents of minor children to designate guardians. These provisions reduce the likelihood of family conflict and provide a safety net.

He further explains that while wills serve as an important backup tool, the most effective estate plans include additional documents and strategies designed to avoid probate altogether. By combining a will with other planning methods, clients can save time, money, and stress for their families while ensuring that their wishes are honored.