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Good afternoon. That is not correct. Under Colorado law, if the entire estate
is small enough (under $63,000 in 2013), the full probate
process can be avoided with the spouse providing a Small Estate Affidavit rather than Letters Testamentary. But, if the account is an individual account rather than a joint account and there is no beneficiary listed on the account, the decedent's interest in the account becomes an estate assets and the surviving spouse is going to need to provide either Letters Testamentary or a Small Estate Affidavit upon which you can rely to release the funds in the account.
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