Detailed answer — step-by-step under Colorado law

This explains the standard steps and legal points you need to know to open probate in Colorado for a sibling’s estate when you live outside Colorado. This is a general guide only; courts and county procedures vary.

1. Decide whether Colorado is the right place to open probate

• If the sibling was domiciled (their primary home) in a Colorado county when they died, open probate in that county’s district court (probate docket).
• If the sibling lived out of state but owned real estate or certain titled property in Colorado, you may need to open an ancillary administration in the Colorado county where the property is located to transfer or liquidate that property.
• If all property is out-of-state and no Colorado property exists, Colorado probate is typically unnecessary.

2. Gather key documents and information

Before you file, collect the following if possible: the original will (if one exists), certified copy of the death certificate, a list of known heirs and beneficiaries with current addresses, a list of assets (bank accounts, real estate, personal property) and their locations, and any creditor statements or bills. If you cannot get originals, obtain certified copies or explain the reason to the court.

3. Choose which probate process applies

Colorado has full probate administration and simplified procedures for smaller or uncontested estates. Which process applies depends on the estate size and whether the will is contested. For specific forms and local rules, consult the Colorado Judicial Branch probate forms and instructions: Colorado probate forms (courts.state.co.us). Also review the Colorado Revised Statutes governing estates (Title 15): Colorado Revised Statutes (Title 15).

4. File the petition in the correct county and court

File a Petition for Probate/Appointment of Personal Representative in the district court (probate division) for the county where the decedent was domiciled or where the Colorado property is located. Attach the original will (if there is one) and the certified death certificate. The court will set a hearing and require service or notice to heirs and interested parties.

5. Appointment as personal representative (PR)

If the will names an executor, the court typically honors that person’s appointment unless good cause exists. If no will exists, or if the named executor cannot or will not serve, Colorado law provides a priority list for who may be appointed (surviving spouse, children, parents, siblings, etc.). A sibling can be appointed if the higher-priority persons are absent, unwilling, or not suitable. The court will evaluate petitions and may require a bond unless waived by the will or the court.

6. Nonresident petitioners and out-of-state personal representatives

Colorado courts commonly appoint nonresident personal representatives. You do not generally have to be a Colorado resident. However, practical issues often arise: you must be available for service of process or appoint a registered agent or an attorney to accept service, comply with local filing and reporting requirements, post bond if required, and attend hearings (sometimes by phone if the court allows). Many out-of-state PRs hire a Colorado probate attorney or appoint a local co-representative to handle estate administration.

7. Notices, inventories, creditor claims, and administration

After appointment, the PR must give notice to heirs and publish notice to creditors if required. The PR must inventory estate assets, manage or secure property, pay reasonable debts and taxes, and ultimately distribute assets according to the will or Colorado intestacy rules. Colorado’s probate statutes and court rules govern deadlines and reporting requirements—review Title 15 of the Colorado Revised Statutes and local court instructions: Colorado Revised Statutes (Title 15) and Colorado Judicial Branch — Probate Unit.

8. Ancillary probate (if sibling was domiciled outside Colorado but owned Colorado property)

If the sibling was domiciled in another state but left real property or certain assets in Colorado, you will usually open an ancillary estate here to transfer or sell that Colorado property. Ancillary proceedings are narrower in scope and focus on assets located in Colorado.

9. Timing and costs

Timeframes vary. Uncontested, small, or simplified cases can close in a few months. Full administrations often take a year or more depending on asset complexity and creditor claims. Court filing fees and bond costs vary by county. Expect costs for filing, publication, attorney fees (if you hire counsel), appraisal, and bond premiums if a bond is required.

10. Practical recommendation

If you live out of state, strongly consider hiring a Colorado probate attorney or at minimum a local attorney to advise you and file paperwork. An attorney can help with venue decisions, filing the correct forms, handling hearings, serving notices, and dealing with banks and title companies. If you prefer not to hire counsel, contact the county probate clerk for filing instructions and ask about remote appearances or e-filing options.

Helpful official resources

• Colorado Revised Statutes (Title 15 — Estates, Trusts, and Protective Proceedings): leg.colorado.gov
• Colorado Judicial Branch — Probate forms and instructions: courts.state.co.us — Probate forms
• Colorado Judicial Branch — Probate Unit information: courts.state.co.us — Probate Unit

Helpful Hints

• Get multiple certified death certificates right away — you’ll need them for banks and agencies.
• Search for an original will before filing. Courts prefer the original will; if you cannot produce it, explain why and follow local rules for lost wills.
• Contact the probate clerk in the county where you intend to file to confirm local filing fees, required forms, and whether hearings allow remote attendance.
• If the estate holds Colorado real property, expect an ancillary proceeding if the decedent was domiciled elsewhere; consult a Colorado attorney experienced in ancillary probate.
• Keep meticulous records of all estate transactions, communications, and receipts — the court will review accountings and distributions.
• If you are appointed personal representative and must post a bond, shop for bond quotes early; some wills waive bond for the named executor which can simplify matters.
• If you cannot serve as PR because of distance or time constraints, you can ask the court to appoint a local co-PR or nominate a Colorado-based PR.
• Find trustworthy local help: a Colorado probate attorney, title company (for real property transfers), and possibly a CPA for tax issues.

Next practical steps for you right now:

1. Confirm whether your sibling was domiciled in Colorado or simply owned Colorado property.
2. Locate the original will and obtain several certified death certificates.
3. Contact the probate clerk in the appropriate county and ask about required forms and remote hearings.
4. Consider hiring a Colorado probate attorney to file the petition and represent you in court.