Detailed Answer
Under Colorado law, probate is the court-supervised process that establishes authority to manage and distribute a decedent’s estate. An interested party may petition the district court in the county where the decedent last resided to open probate and appoint a personal representative (C.R.S. § 15-10-201). Follow these steps:
- Determine probate necessity. If the decedent held assets in joint tenancy with rights of survivorship or the estate qualifies as a small estate, probate may not be required.
- Select the correct court. File in the district court of the county where the decedent was domiciled at death (C.R.S. § 15-10-201).
- Prepare the petition. Draft a verified petition to appoint a personal representative. Include the decedent’s name, date of death, heirs’ names and addresses, and an estimate of estate assets. Attach the original will (if any) and a certified death certificate.
- File documents. Submit the petition, will, and death certificate to the court clerk. Pay the filing fee or request a fee waiver if you qualify.
- Serve notice. Serve all interested parties with notice of the hearing at least ten days before the court date (C.R.S. § 15-12-801).
- Attend the hearing. Present the petition and original will. The judge will review and, if everything is in order, appoint a personal representative and issue Letters Testamentary or Letters of Administration.
- Post bond, if required. The court may require a bond to secure estate assets. A will may waive bond under C.R.S. § 15-10-409.
- Administer the estate. Within four months of appointment, the personal representative must file an inventory and schedule of distribution. Pay valid debts and taxes, then file a final accounting and petition for discharge.
Key statutes:
– C.R.S. § 15-10-201 (Venue; residence of decedent): leg.colorado.gov
– C.R.S. § 15-12-801 (Notice to persons interested): leg.colorado.gov
– C.R.S. § 15-10-409 (Bond waiver): leg.colorado.gov
Helpful Hints
- Check small estate procedures under C.R.S. § 15-12-1201 for a faster process.
- Use Colorado Judicial Branch probate forms: courts.state.co.us.
- Keep organized copies of all filings and receipts.
- Consider mediation if heirs dispute estate matters.
- Consult a Colorado attorney for complex estates or conflicts.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a Colorado attorney for advice tailored to your situation.