Understanding Appointment as Personal Representative in Colorado
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
Under Colorado law, the court appoints a personal representative (formerly called executor or administrator) according to a strict priority list. A mother-in-law—unless named in a valid will—does not automatically qualify. Below are key points:
1. Statutory Priority of Appointment
C.R.S. § 15-12-801 orders the court to appoint the decedent’s nominated representative first, then the surviving spouse, followed by lineal descendants, parents, siblings, grandparents, and so on. A mother-in-law, not being a blood relative or spouse, falls outside these categories and has no default priority. For full text see C.R.S. § 15-12-801.
2. When There Is a Will
If the decedent’s will nominates you as personal representative, you may petition the court for appointment. You must meet eligibility criteria under C.R.S. § 15-12-604, such as being at least 21 years old and not having a disqualifying criminal conviction. If no will nomination exists, the court follows the statutory list in § 15-12-801.
3. When There Is No Will (Intestate)
In intestate cases, the court first seeks a surviving spouse, then children, grandchildren, parents, siblings, grandparents, aunts/uncles, etc. (see C.R.S. § 15-11-101). A mother-in-law is not on this list. You cannot secure appointment unless all higher-priority individuals are unavailable, unwilling, or have court-approved waivers.
4. Petitioning the Court If No Eligible Family Member Steps Forward
If no one in the priority list petitions or all such persons decline or are disqualified, Colorado courts may consider other applicants. This is rare. You would file a petition under C.R.P.P. Rule 53.2 and demonstrate that appointing you serves the estate’s best interests.
Helpful Hints
- Review C.R.S. § 15-12-801 carefully to understand appointment order.
- If you are named in a will, gather the original will and prepare a petition to probate.
- Check eligibility requirements under C.R.S. § 15-12-604 before filing.
- Seek waivers from higher-priority relatives if they agree you should serve.
- Consider consulting a probate attorney to navigate court procedures and deadlines.