Can I contest a court-approved estate accounting in Colorado more than a year after approval?

Short answer: Possibly, but it depends on the facts, the reason for delay, and whether you can persuade the court to reopen or set aside the earlier approval. Colorado courts can reopen estate proceedings for certain grounds (fraud, mistake, lack of jurisdiction, newly discovered evidence, or other equitable reasons), but you must follow court procedures and meet applicable deadlines. Because timing and grounds matter a great deal, you should act promptly and consider getting a probate attorney.

Detailed answer — step‑by‑step under Colorado law

This section explains the typical process you would follow in Colorado if you want to challenge an estate accounting after the court already approved it and more than a year has passed. This is a general overview only and is not legal advice.

1. Read the court’s order and the approved accounting

Start by obtaining certified copies of the order or decree that approved the accounting and any related documents (the accounting, receipts, petitions, notices, and the final distribution order). The court’s order often identifies whether the account was “settled” and whether the personal representative received a discharge. Those details affect what relief the court can still grant.

2. Identify the legal basis to reopen or attack the settlement

Common legal bases to challenge an approved accounting after the fact include:

Fraud or deliberate concealment by the personal representative or others.
Fraudulently obtained releases or waivers by beneficiaries.
Newly discovered assets or evidence that could not reasonably have been found earlier.
Material mistake of fact or law that affected the court’s decision.
Lack of proper notice, jurisdictional defects, or improper service that prevented you from participating in the original proceeding.
Breaches of fiduciary duty (e.g., self-dealing, misappropriation) that were not disclosed.

Evidence matters. Courts are more willing to reopen an approved accounting when you bring clear, credible proof of fraud, concealment, or newly discovered facts.

3. Check for statutory deadlines and procedural rules

Colorado probate and civil rules impose deadlines that can affect your ability to act. For example, there are deadlines for presenting creditor claims, for objecting to petitions, and for seeking relief from a final order. If the estate was closed and the personal representative was discharged, the court still may have power to reopen the case in certain situations.

For the text of Colorado’s probate statutes (Title 15) and related rules, see the Colorado Revised Statutes: Colorado Revised Statutes, Title 15 (Probate, Trusts, and Protective Proceedings), and for forms and local probate practice information see the Colorado Judicial Branch probate forms page: Colorado Courts — Probate & Mental Health Forms.

4. Choose the correct procedural vehicle

Depending on the reason you seek relief, you would typically file one of the following in the probate court that handled the estate:

A petition to reopen the estate or to set aside the settlement or decree approving the accounting.
A motion for relief from the judgment or decree, often grounded in fraud, mistake, newly discovered evidence, or lack of jurisdiction.
An application to surcharge the personal representative or remove the personal representative for breaches of fiduciary duty and to recover misapplied assets.

Your petition should state the specific facts, cite the legal ground(s) for the relief, attach supporting evidence (affidavits, documents), and request specific remedies (reopening the accounting, an accounting of undisclosed assets, surcharge, removal, or restitution).

5. Serve and notify interested parties

Colorado law requires that all interested persons and creditors receive notice of probate petitions and hearings. If you file a petition to reopen or a motion for relief, you must properly serve all interested parties, including the personal representative and beneficiaries. The court will schedule a hearing at which parties can present evidence and arguments.

6. Prepare for the hearing and possible outcomes

At the hearing, be ready to:

Present evidence showing why the court should set aside the prior approval (for example, documents showing hidden assets or proof of fraud).
Address procedural defenses (e.g., laches, res judicata, or statute-of-limitations arguments) raised by other parties.

Possible outcomes include reopening the accounting, ordering a new or supplemental accounting, surcharging the personal representative, removing the personal representative, ordering restitution, or denying relief if the court finds the prior approval remains valid.

7. Remedies and enforcement

If the court grants relief, remedies may include:

Requiring the personal representative to file a corrected or supplemental account.
Surcharging the personal representative for losses, fees, or misapplied assets.
Ordering removal of the personal representative and appointment of a successor.
Ordering return of improperly distributed assets or money judgments against wrongdoers.

Practical considerations and timing

Even when more than a year has passed, courts will sometimes reopen probate files for compelling reasons. But the longer you wait, the harder it may be to succeed. Evidence can disappear and distributions may be harder to unwind. Courts balance finality for estates against fairness for people harmed by misconduct.

Helpful hints

Act quickly once you suspect a problem. Preserve documents, emails, financial records, bank statements, and communications with the personal representative.
Get certified copies of the probate docket entries, the approved accounting, and the judge’s order or decree approving the account.
Look for signs of concealment: undisclosed bank or brokerage accounts, transfers to insiders, missing inventory of assets, or unexplained distributions.
Talk to other beneficiaries or creditors to coordinate claims and share information.
Consider alternative dispute resolution (mediation) if the estate is already distributed but parties might agree to a settlement.
Ask the court clerk which local probate forms and procedures apply and whether the county has specific requirements for filing a petition to reopen an estate.
Because the rules and deadlines are technical, consult a Colorado probate attorney to evaluate your chances and to draft the necessary pleadings. A lawyer can help preserve claims and present convincing evidence to the court.

Where to read the statutes and get court forms

Colorado’s probate statutes are in Title 15 of the Colorado Revised Statutes. You can review the statutory text and find related probate rules here:

Colorado Revised Statutes, Title 15 (Probate, Trusts, and Protective Proceedings): https://leg.colorado.gov/sites/default/files/images/olls/crs_titles/title_15.pdf
Colorado Judicial Branch — Probate and mental health forms and local instructions: https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=44

Final notes and disclaimer

This article explains general principles under Colorado probate practice. It is educational only and is not legal advice. Laws and local court procedures change. For help specific to your situation — especially when more than a year has passed since approval — consult a licensed Colorado probate attorney as soon as possible.