Disclaimer: This article is for informational purposes only and does not constitute legal advice.
How to Appeal a Probate Court Decision Removing a Personal Representative in Colorado
Detailed Answer
Under Colorado law, you may appeal a court order removing a personal representative if the probate court finds misconduct, neglect, conflict of interest or failure to perform duties. Courts base removal on the Uniform Probate Code, specifically C.R.S. § 15-12-721. To protect your rights, follow these steps without delay:
- Identify the deadline. You generally have 14 days from the entry of the removal order to file a notice of appeal. Appeals from county court follow Colorado Rules of Civil Procedure Rule 74. Appeals from district court go under C.R.S. § 13-6-102.
- File a notice of appeal. Submit the notice to the clerk of the court that issued the order. The notice must specify the order you are challenging and the relief you seek.
- Serve all interested parties. Deliver a copy of the notice to beneficiaries, co-personal representatives and any other interested persons.
- Assemble the record. Request transcripts of the removal hearing and gather exhibits and pleadings from the probate file. The appellate court reviews this entire record.
- Submit appellate briefs. Under the Colorado Appellate Rules, file an opening brief outlining errors in the removal decision, a response brief and an optional reply brief. Focus on jurisdiction, standard of review and factual/legal arguments for reversing removal.
- Prepare for oral argument. If the appellate court grants argument, be ready to discuss critical issues such as statutory interpretation of C.R.S. § 15-12-721 and procedural compliance.
Key references:
- Removal of personal representative: C.R.S. § 15-12-721 (Title 15, Section 721).
- County court appeals: Colorado Rules of Civil Procedure Rule 74 (Colo. R. Civ. P. 74).
- County to district court appeals: C.R.S. § 13-6-102 (Title 13, Section 102).
Helpful Hints
- Mark your calendar: missing the 14-day deadline usually ends your right to appeal.
- Check the Colorado Judicial Department website for current filing fees and forms.
- Consider coordinating with beneficiaries or co-representatives to share briefing costs and resources.
- Keep proof of service for all filings to avoid procedural objections.
- Explore settlement or mediation before investing in a full appeal.