Detailed Answer
Under Colorado probate law, a personal representative (often called an administrator when no will exists) must settle debts, file an accounting, and distribute assets to beneficiaries according to the will or intestate succession rules. Key statutes include C.R.S. § 15-10-403 (duties and accounting) and C.R.S. § 15-10-405 (distribution requirements).
1. Verify Administration Milestones
Before beneficiaries receive distributions, the administrator must:
- Publish notice to creditors and allow four months for claims (C.R.S. § 15-12-801).
- File a final accounting and petition for distribution in probate court (C.R.S. § 15-10-403).
- Obtain court approval of the accounting or wait 30 days after filing if no objections arise (C.R.S. § 15-10-405).
2. File a Petition to Compel Distribution
If the administrator fails to distribute assets after these steps, file a “Petition for Order to Show Cause” in the county probate court. In your petition, identify your beneficiary status, reference the filed accounting, and request the court to compel distribution under C.R.S. § 15-12-1001.
3. Attend the Court Hearing
The court schedules a hearing on your petition. Present evidence that you are entitled to a share, and that distribution prerequisites are met. Cite the relevant Title 15 provisions.
4. Obtain and Enforce the Court Order
If the judge grants your petition, the court issues an order compelling the administrator to distribute your inheritance. If noncompliance persists, ask the court to hold the administrator in contempt or remove them for failure to perform under C.R.S. § 15-12-402.
Disclaimer: This article provides general information on Colorado probate law. It does not constitute legal advice. For guidance specific to your situation, consult a qualified probate attorney.
Helpful Hints
- Review the will (or intestacy rules) and all court filings.
- Keep copies of communications, filings, and notices.
- Track creditor deadlines and ensure no valid claims remain.
- Serve petition documents on all interested parties according to court rules.
- Consider informal resolution or mediation before formal court proceedings.
- Check your county probate court’s fee schedule and procedural requirements.