Short answer
If a person in Colorado dies without a will (intestate), a probate court appoints a personal representative (often called an administrator) to collect assets, pay debts, and distribute property under Colorado intestacy rules. To be appointed, you generally must file a petition in the county probate court where your father lived, show you are qualified and suitable, notify interested persons, and — unless the court waives it — post a fiduciary bond. The court gives preference to close family members, but appointment is ultimately within the court’s authority.
Detailed answer — step-by-step under Colorado law
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Confirm intestacy and the proper court.
Verify there is no valid will. If no will exists, the estate is intestate and Colorado probate procedures apply. File the petition in the probate court of the county where your father was domiciled at death. Colorado probate statutes are found in Title 15 of the Colorado Revised Statutes (Probate, Trusts and Fiduciaries): Title 15, Colorado Revised Statutes (Probate). The Colorado Judicial Branch also provides practical probate information: Colorado Judicial Branch — Probate.
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Who may be appointed (priority and qualifications).
Colorado gives the court discretion but follows practical priorities. A surviving spouse is generally given priority, then other close relatives (children, parents, siblings). Any adult who is competent and not disqualified (for example, a convicted felon in certain circumstances or someone incapacitated) may petition. If multiple people with equal priority apply, the court will decide who is most suitable. If no family member accepts, a creditor or a public administrator may be appointed.
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Prepare and file the petition to open probate and appoint a personal representative.
Typical filings include: the Petition for Appointment of Personal Representative (or similar local form), the original or certified copy of the death certificate, a list of known heirs and their addresses (if known), and any required filing fee. The court’s probate clerk can provide local forms and fee amounts. The Colorado Judicial Branch forms page and local county court pages provide guidance on required forms: Colorado probate forms.
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Notice to interested persons and bond.
After filing, you must give notice to heirs and other interested parties so they can object if they believe you are not the proper person to serve. The court usually requires a fiduciary bond to protect estate creditors and beneficiaries; however, the court may waive or reduce the bond based on circumstances (for example, if all heirs sign a written waiver of bond). Ask the court clerk how to request waiver or reduction of bond in your county.
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Court hearing and issuance of letters.
The court will set a hearing date or may appoint the petitioner if there are no objections and the petition is in order. If the court approves your appointment, it issues letters testamentary or letters of administration (letters of appointment) that give you legal authority to act for the estate: collect assets, open estate bank accounts, pay debts and taxes, and distribute property according to Colorado intestacy rules.
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Administration duties and distribution under intestacy.
As administrator, you must identify and secure assets, notify creditors, file an inventory if required, pay valid debts and taxes, and then distribute the remaining assets to heirs according to Colorado intestate succession rules (see Title 15). The court supervises the process and typically requires periodic accounting or a final accounting before closing the estate.
Common issues that can affect appointment
- Contested appointments: other potential personal representatives or creditors can object.
- Conflicts among heirs: disagreements may lead the court to select a neutral third party or require mediation.
- Bond requirements: inability to post bond can prevent appointment unless heirs waive the bond.
- Out-of-state heirs or property: may require ancillary filings where property is located.
Timeline and costs (typical)
- Initial court filing and appointment: a few weeks to a few months, depending on court backlog and whether the appointment is contested.
- Administration length: can range from a few months (simple estates) to a year or more (complex estates, disputes, tax matters).
- Costs: court filing fees, bond premiums, publication costs (if required), attorney fees (if you hire counsel), and accounting or appraisal fees.
Practical checklist before you file
- Gather the certified death certificate and your ID.
- Identify likely heirs and collect contact information.
- Locate bank accounts, titles, deeds, insurance policies, and other asset records.
- Check for a safe-deposit box or digital accounts and any named beneficiaries on accounts (beneficiary designations often supersede probate).
- Contact the county probate court clerk for local forms, fee amounts, and bond information.
- Consider whether a small-estate procedure applies (some small or simple estates allow a simplified process).
Helpful hints
- Talk to the probate clerk early. Court staff can explain local filing procedures and provide the right forms.
- Get an inventory of assets before filing. It speeds administration and helps set bond amounts if required.
- If all heirs agree you should serve, get signed waivers of bond and written consent to present to the court; this often simplifies appointment and lowers bond costs.
- Keep thorough records and separate estate funds from personal funds—mixing funds can create liability.
- If the estate is small, ask whether Colorado’s simplified procedures or small‑estate affidavits apply; they can avoid formal probate in some cases.
- If you expect disputes or complicated assets (business interests, real estate in other states, tax trouble), consult a probate attorney early to avoid mistakes that are costly to correct.
Where to find the law and local help
Primary statutory law is in Title 15 of the Colorado Revised Statutes (probate and intestacy). You can review the statutes here: Title 15, Colorado Revised Statutes (Probate). The Colorado Judicial Branch has public-facing probate resources and forms: Colorado Judicial Branch — Probate. For county‑specific rules and local forms, visit the website of the district or county court where your father lived.
When you should consider getting legal help
Talk with a probate attorney if there are contested heirs, significant debt, business interests, out‑of‑state property, or potential tax issues. An attorney can prepare filings, represent you at hearings, and help meet fiduciary duties correctly.