Can I formally challenge a sibling’s application for appointment as personal representative in Colorado?

Short answer: Yes. Under Colorado law you can file a written objection and ask the probate court to deny or delay appointment of your sibling as personal representative (often called letters of administration or letters of appointment). To succeed you must follow Colorado probate procedure, meet filing and service requirements, and prove a legal ground for the court to reject or replace the proposed appointee.

Detailed answer — step-by-step guide under Colorado law

1. Understand what was filed and where to act

When someone petitions a Colorado probate court to be appointed as the decedent’s personal representative, the petition is filed in the county where the decedent lived at death. That petition starts the court’s administration of the estate and typically triggers notice to interested persons. Review the petition and the court’s notice carefully to learn filing deadlines, hearing dates, and the court file number.

2. Who may object — and on what legal basis

Colorado law allows any interested person to object to appointment. Interested persons commonly include heirs, beneficiaries named in a will, creditors, and the surviving spouse. Typical grounds to oppose appointment include:

The objector has priority for appointment (for example, surviving spouse or another person with superior priority under statute).
The proposed personal representative is disqualified or incapacitated (felony record that is relevant to fitness, conflict of interest, active litigation, or inability to serve).
Evidence of bad faith, fraud, or a conflict that would prevent proper administration.
Another interested person filed a valid will naming a different personal representative.

Colorado’s probate laws set the process for appointment and who has priority to serve. See Colorado Revised Statutes, Title 15 (probate law) for the statutory framework: C.R.S. Title 15 — Probate.

3. File a written objection or contest with the probate court

To formally challenge the application you generally must:

Prepare and file a written document with the probate court titled something like “Objection to Petition for Appointment of Personal Representative” or “Response and Contest to Petition for Letters.” Follow the local probate court’s required form or format if available.
State the facts that support your objection and the legal grounds for denial.
Ask the court for relief — for example, an order denying or postponing appointment, or appointing a different personal representative.
File the objection before the court issues final letters or by the deadline stated in the court notice. If a hearing date is set, attend the hearing.

Courts expect timely, properly served filings. The Colorado Judicial Branch has probate forms and local instructions you can review on the court website; many counties also post local probate rules and filing checklists. A starting resource is the Colorado Judicial Branch probate information pages: Colorado Judicial Branch.

4. Serve notice on required parties

After you file an objection, you must serve copies on the petitioner, the proposed personal representative, and other interested persons per the court’s rules. Service typically follows the methods and timelines set by the court rules. Keep proof of service — the court needs to know who received the objection and when.

5. Prepare for the hearing

If the court schedules a hearing, prepare to present evidence and witnesses to support your objection. Evidence may include documents (criminal records, medical records, communications showing conflict), witness testimony, or proof of your priority to serve. Organize a concise statement of relief you seek (e.g., deny appointment; appoint a different person; stay appointment pending further inquiry).

6. Possible outcomes

The court may deny the petition and refuse to issue letters.
The court may appoint the petitioner as personal representative but impose bonding or supervision conditions.
The court may appoint a different eligible person who has priority or is otherwise suitable.
The parties may reach a settlement — e.g., the petitioner withdraws, or the family agrees on a different appointee — and present that agreement to the court.

7. If you disagree with the court’s decision

If the judge appoints the sibling despite your objection, you typically have the right to appeal or seek other post-appointment remedies (for example, file a petition to remove the personal representative later if they breach duties or commit misconduct). Appeals are time-limited and require strict procedural compliance, so consult counsel quickly if you plan to appeal.

Evidence and documents to gather

Collect documents that support your challenge and show the court your standing and the problem with the sibling’s appointment. Helpful items include:

Death certificate and decedent’s last residence information.
Copy of the petition for appointment and any proposed bond.
Decedent’s will (if any) and related files.
Proof of your relationship and priority (marriage certificate, birth records).
Records that show the proposed personal representative’s incapacity or misconduct (criminal convictions, financial mismanagement, conflicts of interest).
Communications, bank statements, appraisals for estate assets, and witness statements.

Practical tips and costs

Act quickly. Probate timelines are short and courts often appoint a temporary representative promptly to protect assets.
Use the court clerk as a resource to confirm filing rules, local forms, and hearing dates.
Expect filing fees and possible bond requirements. Costs vary by county and estate size.
Consider requesting a bond or professional fiduciary oversight if you worry about theft or mismanagement.

When to hire an attorney

Challenging a probate appointment can involve complex procedural and substantive law. Hire a probate attorney if:

You need help drafting pleadings and meeting strict deadlines.
The dispute involves significant assets, allegations of misconduct, or competing priority claims.
You plan to seek removal of a personal representative after appointment.

An attorney experienced in Colorado probate can: (1) review the petition and local rules; (2) draft an effective objection; (3) gather and present evidence at hearing; and (4) advise on appeals or removal actions.

Helpful Hints

Start by locating the court file number and reading the original petition and any court notice — these control deadlines and hearing dates.
File a short, focused written objection that identifies your legal standing and the reasons you oppose appointment.
Keep copies of all filings and proof of service; missing a service requirement can jeopardize your challenge.
If the estate contains cash or bank accounts, ask the court to freeze distributions or to require bond until the dispute resolves.
If family members agree, sometimes a stipulated resolution (withdrawal of the petition or substitution of a different representative) is faster and cheaper than litigation.
If you suspect criminal conduct (theft, fraud), consider notifying law enforcement in addition to filing a probate objection.

Relevant Colorado legal resources

Colorado Revised Statutes — Title 15 (Probate): https://leg.colorado.gov/colorado-revised-statutes/title-15-probate
Colorado Judicial Branch (probate forms and local court information): https://www.courts.state.co.us/

Disclaimer: This article explains general Colorado probate procedure and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Colorado probate attorney promptly.