Overview

This FAQ explains the steps to ask a Colorado probate court to appoint you as a limited personal representative (LPR) under the small estate procedures so you can run a notice to creditors and, if possible, sell real property. It summarizes the typical paperwork, court actions, and practical limits you should expect under Colorado law. This is educational information only and not legal advice.

Quick answer

Start by confirming the estate qualifies for Colorado’s small estate or summary administration process, prepare and file a petition with the county probate court asking for limited personal representative appointment, provide the court the required supporting documents (death certificate, asset list, heir/beneficiary information), follow the court’s directions for notice to creditors (publication and/or mailed notice), and obtain court authority before attempting to sell real property. If the estate includes real property you likely will need express court authorization or a full personal representative appointment rather than only a small-estate LPR.

Important statutory references

Colorado’s probate and small estate rules are in the Colorado Revised Statutes (Title 15). See the Colorado General Assembly statutes pages for the Probate Code and summary administration provisions: https://leg.colorado.gov/statutes. For court forms and local filing rules check the Colorado Judicial Branch probate forms and your county court’s probate instructions: https://www.courts.state.co.us/Forms/Index.cfm?Form_Type_ID=62. Always confirm the exact statute section and current dollar thresholds on the official site before filing.

Step-by-step: Appointment as a limited personal representative in a small estate

Confirm small estate eligibility. Colorado law limits summary or simplified procedures to estates that meet the statutory test for small estates. That test can depend on the type and total value of assets, whether probate real property is involved, and whether there are creditors. Check the current statutory thresholds and definitions in the Colorado Probate Code before proceeding. If the estate does not qualify, you must file a regular probate petition for full administration.
Decide whether a limited personal representative is appropriate. An LPR is appointed for specific, limited tasks set out by the court (for example, publishing notice to creditors, collecting certain assets, or closing specific claims). If your main goal is to run notice to creditors and collect or distribute only personal property, an LPR may suffice. If you need to sell real property, the court often requires broader authority or a full personal representative appointment. Ask the court clerk whether a limited appointment will allow the sale you intend.
Gather required documents. Typical filings include:
- Petition for appointment of a limited personal representative (or petition for summary administration that requests limited appointment).
- Certified copy of the decedent’s death certificate.
- Affidavit or schedule of the estate’s assets and approximate values (personal property and any real property).
- List of known heirs, beneficiaries, and known creditors (with addresses if known).
- Proposed order appointing the limited personal representative and describing the powers requested.
Local practice may require additional forms (inventory, verification, acceptance of appointment). Use the Colorado Judicial Branch probate forms and your county court’s form list as a starting point: Colorado probate forms.
File the petition in the decedent’s county probate court. File in the county where the decedent lived at death or where real property is located if applicable. Pay the required filing fee or request a fee waiver if eligible. The clerk will assign a case number and give you instructions about bond (the court may require or waive a fiduciary bond) and next steps.
Ask the court to authorize the tasks you need. In your petition and proposed order, clearly state you want authority to publish or mail notice to creditors under the probate code, and if you want authority to sell real property, say so and explain the reason. If you only request creditor-notice authority, the court may grant a narrow LPR role limited to publishing notice and collecting small assets. Courts vary in willingness to authorize real property sales under a small-estate LPR—most require specific findings and likely additional protections (appraisal, notice to heirs, or sale by court order).
Serve and publish notice to interested persons and creditors. Colorado law requires notice to heirs and publication for creditors in many probate proceedings. Follow the court’s instructions and statutory requirements for how long and where to publish. You may also be required to mail notice to known creditors. The Probate Code contains the rules governing claims against the estate; follow those timelines precisely so claims can be evaluated. (See the Colorado statutes on creditor claims and notice procedures at the official statutes site: https://leg.colorado.gov/statutes.)
Wait the statutory claim period and handle claims. After notice runs, known creditors must present claims within the statute’s deadlines. As the LPR you must evaluate claims, allow or reject them, and follow the code’s procedures for handling disputed claims. If assets suffice, pay allowed claims in order of priority specified by the Probate Code.
If selling real property, obtain explicit court authority and comply with sale rules. Selling real property commonly requires: (a) the court’s explicit authority in the appointment order or a separate motion and hearing; (b) sufficient notice to heirs/beneficiaries and interested parties; and (c) compliance with court-ordered sale processes (public auction, broker listing subject to court approval, or private sale approved by the court). The court may require appraisal, accounting, or a hearing before approving a sale and distribution of proceeds.
Close the limited administration. After claims are resolved and authorized tasks (including sale, if any) are completed, file a final accounting or report as required by the court and request discharge. The court will issue an order closing the limited appointment and discharging the LPR when appropriate.

Common pitfalls and how to avoid them

Don’t assume small-estate procedures allow real estate sales — ask the court or a probate attorney before attempting a sale.
Provide accurate asset values and a full list of heirs and creditors to avoid delays or disputes.
Follow publication and mailing rules exactly. Missing a required step can extend the process or expose you to liability.
Keep careful records and receipts; the court may require an accounting before discharge.

Timeline and costs (typical)

Timelines vary by county and complexity. Expect several weeks to several months for appointment, notice period, and claim resolution. Costs include filing fees, publication fees for creditor notice, appraisal or broker fees if selling real property, and possibly a bond or attorney fees. If issues or creditor disputes arise, the process can take longer and cost more.

When you need a full personal representative instead

If the estate includes significant real property that must be sold to pay debts or distribute proceeds, or if creditors or heirs contest the distribution, a full personal representative appointment and full probate administration will likely be necessary. A full appointment usually gives broader powers and court supervision appropriate for larger or contested estates.

Helpful links (official resources)

Colorado General Assembly — statutes (search Title 15 Probate/Trusts): https://leg.colorado.gov/statutes
Colorado Judicial Branch — probate forms and local court information: https://www.courts.state.co.us/Forms/Index.cfm?Form_Type_ID=62
Local county court / clerk’s office (search via Colorado Judicial Branch county court pages) for filing rules and fees.

Helpful Hints

Confirm the small-estate dollar thresholds and exact statute sections on the Colorado General Assembly site before you file.
Bring a certified copy of the death certificate when you go in to file; the court will generally require it.
Prepare a short inventory that separates personal property (bank accounts, vehicles, household goods) from real property — courts treat them differently.
If you want to sell real property, ask the clerk whether to request a full appointment or include an express sale authorization in your limited appointment petition.
Publish creditor notice in the county’s legal newspaper as the court directs and keep proof of publication for the court record.
Keep detailed written records of all notices sent, claims received, and distributions made; the court may require an accounting before discharge.
If the estate has creditors or potential disputes, consider consulting a probate attorney early — limited appointments can lead to personal liability if duties are mishandled.

Final note and disclaimer

This article explains general Colorado procedures and common practices. It is not legal advice, does not create an attorney-client relationship, and may not reflect recent statute changes or local county rules. For help tailored to your situation, contact the probate clerk in the county where the decedent lived or consult a licensed Colorado attorney.