Detailed Answer
In Colorado, you must have a court hearing before the court grants formal probate or appoints a personal representative. If you filed a petition and the court has not yet scheduled a hearing date, follow these steps:
1. Review Your Probate Petition
Confirm you filed a complete Petition for Probate under Colorado Revised Statutes (C.R.S.) § 15-12-303. The petition should name the decedent, list heirs, and state your request to appoint a personal representative. Incomplete petitions can delay scheduling.
Link: C.R.S. Title 15, Probate, Trusts, and Fiduciaries
2. File a Motion to Set Hearing
If the court clerk has not set a date within 14 days of filing, prepare and file a Motion to Set Hearing. In your motion, cite Colorado Rule of Probate Procedure 6 and request that the court assign a date and time. Use the local court’s approved motion form or format.
3. Serve Notice on Interested Parties
Once you obtain a hearing date from the clerk’s office, serve a Notice of Hearing as required by C.R.S. § 15-12-307. The notice must go to all beneficiaries, heirs, and creditors at least 14 days before the hearing. You can serve by certified mail or as allowed by court rule.
Link: C.R.S. § 15-12-307 – Notice of Hearing
4. Confirm with the Clerk
Contact the probate clerk’s office to confirm the hearing is on the docket and to verify any filing fees or additional documents needed (e.g., proof of notice). Keep a copy of the court’s schedule for your records.
5. Attend the Hearing
Arrive early with originals and copies of all probate documents. Be prepared to answer questions about the decedent’s assets, heirs, and the proposed personal representative’s qualifications. After the judge hears your petition, the court may grant letters testamentary or letters of administration.
Helpful Hints
- Check the local court’s website for specific motion forms and scheduling procedures.
- Use certified mail or a process server for proof of service.
- Keep detailed records of filing receipts and service affidavits.
- Reach out to the probate clerk’s office for available hearing dates before filing your motion.
- Consider consulting a probate attorney if the estate is complex or contested.
Disclaimer: This article provides general information about Colorado probate procedure. It does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.