Disclaimer: This article provides general information and is not legal advice. Consult an attorney for guidance on your specific situation.
Detailed Answer
In Colorado probate, the personal representative (formerly called executor) must file a final accounting showing all estate transactions. The court typically sets the deadline in its order appointing the representative. If you need more time, you must ask the court to extend the filing deadline.
1. Review the Statutory and Court-Set Deadline
Colorado’s Probate Code requires an accounting at intervals the court directs. See C.R.S. § 15-12-1201(2) (link). Often courts require the first (or final) accounting within 18 months of issuing letters. Check your appointment order and any local probate rules.
2. Prepare a Motion for Extension of Time
- Title your motion properly: e.g., “Motion for Extension of Time to File Final Accounting.”
- State the current deadline: Reference the court’s appointment order or scheduling order.
- Explain good cause: Detail why you need more time (e.g., complex assets, delays in obtaining valuations).
- Propose a new deadline: Suggest a reasonable additional period.
- Attach supporting documents: Append any appraisal reports, creditor notices, or correspondence illustrating delays.
3. Serve Interested Parties
Serve the motion on beneficiaries, heirs, and known creditors as required by C.R.S. § 15-10-401 (link). Insert a Certificate of Service in your filing to prove notice.
4. File the Motion with the Probate Court
Submit your motion and pay any required filing fee. Check your district’s probate court website for the fee schedule and electronic filing rules.
5. Attend the Hearing (if scheduled)
The court may decide the motion on papers or set a hearing. Be prepared to explain why the extension is necessary and how long you need.
6. Obtain and Comply with the Court Order
If granted, the court will issue an order amending the deadline. File that order in the probate file and calendar the new accounting date. Missed deadlines without court approval may expose you to removal or surcharge.
Helpful Hints
- Start drafting your motion at least 30 days before the deadline.
- Gather valuations, invoices, and correspondence early.
- Check local probate rules for specific formatting and service requirements.
- Provide clear timelines to the court to show diligence.
- Consider informal updates to beneficiaries to reduce objections.
- Keep copies of all filed documents and certificates of service.