Short answer

If you were not given notice of the probate accounting in Colorado, act quickly. First, confirm your status as an interested person and get copies of the case file and final accounting from the court. Then, depending on what you find, you can usually ask the court to set aside or reopen the accounting, object to the accounting, request a hearing, or seek other relief against the personal representative for failure to provide required notice or for breach of fiduciary duties. Because deadlines and remedies vary, consult a Colorado probate attorney right away.

Detailed answer — step-by-step under Colorado law

1. Confirm that you are an “interested person”

In Colorado probate matters, an “interested person” generally includes heirs, beneficiaries named in a will, creditors, and others with a legal or financial stake in the estate. If you are an heir or beneficiary (for example, a child of the decedent), you have the right to notice and to contest certain actions in the estate administration.

2. Get the court file and the final accounting

Ask the probate clerk for copies of the entire probate file, including the personal representative’s final accounting, any notices filed, orders entered, and the docket sheet. Many Colorado county clerks provide these records in person or by request. Reviewing the court file will show whether the personal representative filed a declaration of mailing or proof of service of notice and what the court actually approved.

3. Check whether required notices were given

Colorado probate law sets out who must receive notice of probate proceedings and of accountings. If you find no proof that the personal representative notified you (or other interested persons), that omission can be a strong basis to challenge the final accounting or the court’s approval. Look for any filed affidavit or certificate of mailing, service by publication, or signature accepting service.

4. Identify the remedies that may apply

Common remedies when notice was not given include:

• Filing objections to the accounting and asking the court for a hearing to review the accounting line-by-line.
• Filing a petition to reopen or set aside the final accounting or decree because you did not receive notice and therefore had no opportunity to object.
• Requesting relief against the personal representative for breach of fiduciary duty if the lack of notice resulted in improper distributions or concealment.
• Seeking surcharge (a money judgment) against the personal representative if mismanagement or wrongful distributions occurred.
• Asking the court to remove or replace the personal representative in extreme cases of misconduct.

5. Timing — act quickly

Probate matters can have strict time limits for filing objections, reopening a case, or seeking relief. If you only recently learned of the final accounting, do not delay. Even if a statutory deadline appears to have passed, courts sometimes grant relief to an interested person who did not receive notice. The sooner you act, the better your chance of relief.

6. Practical procedural steps to follow

1. Obtain certified copies of the probate docket, final accounting, and any filed notices or affidavits of service.
2. Prepare and file either (a) a written objection to the final accounting asking for a hearing, or (b) a petition to reopen or set aside the approval of the accounting, explaining that you did not receive notice and stating the relief you want.
3. Include factual support and any documentary evidence (for example, no proof of service, letters showing you were excluded, or evidence the personal representative distributed assets without notice).
4. Request a hearing date and ask the court for temporary relief if needed (for example, a freeze on distributions already made from estate assets).
5. Serve copies of your filings on the personal representative and their attorney, then appear at the hearing prepared to explain your position and present evidence.

7. Potential defenses and counter-arguments

The personal representative may argue that adequate notice was given (e.g., by publication or by mailing to the last known address) or that distribution decisions were authorized by the will or prior court order. The court will weigh those claims against your evidence that you did not receive notice and against whether you were prejudiced by the lack of notice.

8. Evidence that helps your challenge

Useful evidence includes proof of your relationship to the decedent, the absence of a mailed notice, affidavits stating you received no notice, records showing improper distributions, and any written communications from the personal representative. If someone else received the notice and failed to forward it, explain that to the court.

9. When to get legal help

Probate accounting disputes can be technical. Consider hiring a Colorado probate attorney if:

• The estate involves substantial assets.
• You suspect fraud, concealment, or intentional failure to notify.
• There are contested factual issues about accounting entries or distributions.
• Deadlines already passed and you need to seek equitable relief.

If you need help finding counsel, resources include the Colorado Bar Association at https://www.cobar.org/ and local legal aid programs. The Colorado Judicial Branch provides probate information and forms at the court forms page: https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=81.

10. Where the law is written

Rules governing probate, interested persons, and administration are in Colorado’s probate statutes (Title 15 of the Colorado Revised Statutes). For statutory language and official text, see the Colorado statutes pages: https://leg.colorado.gov/statutes/title-15-probate-decedents-estates-and-fiduciaries.

Helpful hints

• Do not rely on oral statements. Get everything in writing and get certified copies from the court file.
• Keep a timeline of communications, filings, and when you learned about the accounting.
• Ask the probate clerk for a simple explanation of what was filed and what approvals the court signed.
• If you can’t afford an attorney, check local legal aid, law school clinics, or the Colorado Bar Association lawyer referral service.
• Be prepared for settlement or mediation; many probate disputes resolve without a trial.
• Gather bank statements, copies of the will, and any correspondence with the personal representative as soon as possible.
• If assets were already distributed, ask the court about the possibility of surcharge or recovery from beneficiaries who received improper distributions.
• File promptly — courts are more receptive to reopening a file when an interested person acted quickly after learning of the accounting.