Detailed Answer — Can the court require an accounting in Colorado probate?

Yes. In Colorado probate, interested persons can ask the court to require a personal representative (sometimes called an executor or administrator) to produce an accounting of estate assets, receipts, disbursements, and transactions made during administration. Colorado law and court practice give beneficiaries, heirs, and other interested parties rights to information about estate administration and tools to enforce those rights.

Who is an “interested person” and who can ask?

An “interested person” typically includes beneficiaries named in the will, heirs under Colorado intestacy rules, creditors in some contexts, and others with a legal stake in the estate. If you are a beneficiary or an heir, you generally have standing to request or petition for an accounting.

What is an accounting?

An accounting is a formal, itemized report of the estate’s financial activity while in administration. It usually includes:

• Inventory of assets the decedent owned at death;
• Receipts (money received during administration, e.g., sale proceeds, dividends, rents, refunds);
• Disbursements (payments for debts, taxes, funeral expenses, administration expenses, distributions to beneficiaries);
• Transfers, sales, and other transactions affecting estate property;
• Outstanding claims or liabilities;
• Proposed distributions and the current balance remaining for distribution.

How do you ask the court for an accounting?

Common steps a person takes in Colorado:

1. Make an informal written request to the personal representative asking for an accounting or copies of estate records (account statements, receipts, inventory). Many issues resolve at this stage.
2. If the request is ignored or you need a formal remedy, file a petition or motion in the probate court handling the estate. The petition asks the court to order the personal representative to file a formal accounting or to produce documents for inspection.
3. Serve the petition on the personal representative and other necessary parties according to Colorado court rules and local probate practice.
4. The court schedules a hearing. At the hearing the judge can order the personal representative to file a complete accounting, produce documents, allow discovery, or take other corrective steps.

What can the court do if the personal representative won’t account?

The court has a range of powers. It can:

• Order the personal representative to file a detailed accounting under oath;
• Compel production of specific documents or records;
• Authorize discovery and depositions to examine transactions;
• Surcharge the personal representative for bad acts (award a money judgment against the PR for losses caused by improper handling);
• Remove and replace the personal representative for failure to perform fiduciary duties or for misconduct;
• Assess court costs or attorney fees where appropriate.

Timing: When can you demand an accounting?

You can request information at most points in administration. Some practical timing notes:

• Early informal requests can get quick disclosure of inventories or bank statements already prepared by the PR.
• If the estate is not yet closed, the court may order interim accountings at milestones (for example, after sale of major assets or if requested by beneficiaries).
• Before final distribution, beneficiaries commonly ask for a final accounting before the court approves closing and disbursement of estate property.

Evidence and what you’ll need to show

To get relief, explain to the court why you need the accounting: suspected missing assets, unexplained transactions, unanswered informal requests, or indications the PR is not acting properly. Provide any documents you have (communications, bank statements, receipts, or the will) and identify the questions you want answered.

Costs, attorneys, and practical realities

Filing a petition for an accounting can trigger contested litigation, discovery, and attorney fees. If you win, the court sometimes awards fees against the estate or against the personal representative if misconduct occurred, but that is never guaranteed. Consider informal resolution first—many accounts are produced voluntarily once a beneficiary asks and explains concerns.

Where Colorado law discusses fiduciary duties and court supervision

Probate in Colorado is governed by Title 15 of the Colorado Revised Statutes and related probate rules. Courts generally supervise fiduciaries and handle petitions related to accounting, inventory, and administration. See Colorado Revised Statutes, Title 15 (Probate, guardianship, and related subjects) for the statutory framework: https://leg.colorado.gov/colorado-revised-statutes/title-15-probate-guardianship-and-related-subjects. For practical probate forms and local procedures, see the Colorado Judicial Branch probate forms and information: https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=79.

When to talk to an attorney

Consider consulting a Colorado probate attorney if:

• Your informal requests are ignored;
• You suspect fraud, theft, or serious mismanagement;
• The estate is large or complex, or the PR resists cooperating;
• You need help drafting a petition, handling discovery, or preparing for court.

Helpful Hints — Practical steps to get an accounting

• Start by asking politely, in writing, for the inventory, ledgers, bank statements, and receipts. Keep copies of your requests.
• Check the court file. Many probate courts require PRs to file an inventory or initial report. Court records may already include helpful documents.
• Ask for a simple summary first: opening balance, major receipts, major disbursements, and proposed distributions. A short summary often answers basic concerns.
• If you file a petition, be specific: list missing items, questionable transactions, or unanswered requests and state what relief you want (an ordered accounting, document production, or removal).
• Keep deadlines in mind. Respond to court notices and hearings promptly. Missing a hearing can weaken your position.
• Preserve evidence. Save emails, letters, and statements related to the estate and communications with the PR.
• Consider mediation for disagreements over distributions or accounting items before costly litigation.
• Remember costs: litigation can be expensive. Weigh the value of the claim against the likely cost to pursue it.