Colorado: How to Get Appointed Estate Administrator When a Spouse Dies Intestate

Short answer: In Colorado you can ask the county probate court to appoint you as the personal representative (administrator) of your deceased spouse’s estate even when other family members refuse to cooperate. The process depends on whether the case can be handled informally (no hearing) or must proceed formally (hearing or contested). If heirs object or create roadblocks, you will likely need to file a formal petition, give proper notice, and possibly attend a hearing. This article explains the steps you should expect, what documents to gather, how Colorado law prioritizes appointment, and options if immediate action is required.

Who has priority to be appointed?

Colorado’s probate law sets a priority list for who may be appointed as personal representative. The surviving spouse is near the top of that list and often has priority to serve, especially when the spouse is the decedent’s closest heir. When someone dies without a valid will (intestate), the court follows the intestate succession rules to determine heirs and then applies appointment rules to decide who should manage the estate.

Relevant Colorado statutes on intestate succession and appointment can be found in Colorado’s Revised Statutes, Title 15 (Probate, Trusts, and Fiduciaries). See the Colorado Revised Statutes main page: https://leg.colorado.gov/colorado-revised-statutes. For the statutory scheme that governs appointment and duties of the personal representative, see the probate articles in Title 15.

Step-by-step: How to seek appointment

1. Confirm the decedent’s residence and identify the proper county court. File in the probate court of the county where your spouse lived at death. Colorado courts provide probate forms and local procedures online: Colorado Judicial Branch — Probate Forms.
2. Decide informal vs formal appointment.
   • Informal appointment is common when heirs agree or no one objects. The court can appoint a personal representative without a hearing if the statutory requirements are met.
   • Formal appointment (a petition and hearing) is required when interested persons contest who should serve, when the court needs to resolve disputes, or when the facts are unclear.
3. Prepare and file the petition/application. The petition must identify the decedent, state that no will exists (intestate), list heirs and their addresses (or explain why you cannot find them), describe estate assets, and state why you should be appointed. Attach the death certificate. If you file informally, use the court’s form for informal appointment; for a contested situation file the formal petition for appointment.
4. Provide notice to interested persons. Colorado law requires notice to interested persons (heirs, creditors, and others with legal interest). If relatives won’t cooperate or won’t accept service, the court can require formal service or substituted service under Colorado rules. Keep careful records of attempts to notify them.
5. Request bond or ask for waiver. The court may require a bond to protect creditors and heirs. Spouses often get bond waived, but the court decides based on the case facts and any objections from other heirs.
6. If the family objects, prepare for a formal hearing. If family members oppose your appointment, the court will set a hearing. You must show you are legally qualified, willing and able to serve, and that appointment is in the estate’s best interest. Bring proof of marriage, identity, and documentation of estate assets.
7. If assets or bills are at immediate risk, ask for emergency relief. You can ask the court for a temporary or limited appointment or other emergency orders (e.g., to preserve property or access funds to pay urgent bills). These are often granted quickly when an estate faces imminent loss.
8. After appointment, follow administration duties. Once appointed, you must inventory assets, notify creditors, manage property, file tax returns, and distribute property according to intestate succession rules. The court may require periodic reports and a final accounting.

Key documents and evidence to gather

• Certified copy of death certificate.
• Proof of your marriage to the decedent (marriage certificate).
• Photo ID and contact information for you and known heirs.
• List of assets (bank accounts, real estate, vehicles, insurance policies) and approximate values.
• Any documents showing decedent’s intent (even if no valid will exists), beneficiary designations, or joint-account paperwork.
• Records of your attempts to contact noncooperating family members (letters, emails, certified mail receipts).

What to do if the decedent’s family refuses to cooperate

• File the petition anyway. Lack of cooperation by heirs does not prevent the court from appointing a personal representative. Courts are used to handling contested cases.
• Use formal service procedures. If family members refuse to accept a petition or ignore notices, the court can allow substituted service or service by publication after you show reasonable efforts to locate them.
• Keep disputes focused on legal issues. The court must decide appointment based on statutory priority, fitness to serve, and what best protects the estate. Personal arguments carry less legal weight than proof of statutory priority and reasoned evidence that you will protect estate assets.
• Consider a consent or waiver if you can negotiate one. If relatives will sign a waiver or consent to your appointment, you can often proceed informally and faster.
• Hire an attorney if contested. If relatives mount strong opposition or allege misconduct, an attorney experienced in Colorado probate can help present evidence and protect your rights.

Typical timeline and fees

Timelines vary by county and whether the appointment is informal or formal. Informal appointments can occur in a few weeks if no one objects and the paperwork is complete. Contested or formal cases can take months. Expect court filing fees, possible publication costs, and bond premiums if a bond is required. County clerk or court websites list current filing fees and forms: Colorado probate forms and fees.

When to get help from a lawyer

Consider hiring a probate attorney if:

• Family members are actively contesting appointment or making allegations against you.
• Significant assets or commercial property must be managed or sold quickly.
• There are complex creditor claims, tax issues, or potential litigation.
• You need help obtaining substituted service, emergency orders, or navigating bond issues.

Useful statutory references

Colorado’s probate and intestacy rules live in Title 15 of the Colorado Revised Statutes. For a starting point, review the Colorado Revised Statutes online at: https://leg.colorado.gov/colorado-revised-statutes. The articles most relevant to appointment and intestate succession are the probate articles in Title 15 (look for the articles on intestate succession and appointment and powers of personal representatives within Title 15).

Final notes

Even when family members refuse to cooperate, Colorado courts prioritize following the statutes and protecting the estate. If you are the surviving spouse, the law generally gives you a strong position to seek appointment. Follow the court’s filing and notice rules carefully, gather clear documentation, and be prepared to ask the court for formal relief if necessary.