Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your situation.
Detailed Answer
When a co-heir refuses to cooperate in securing or freezing a decedent’s bank accounts in Colorado, an interested person can seek court intervention. Under Colorado’s Probate Code (Title 15 of the Colorado Revised Statutes), you have several tools to protect estate assets:
1. Obtain a Certified Death Certificate
Banks require a certified copy of the decedent’s death certificate. Request multiple certified copies from the county vital records office.
2. File a Small Estate Affidavit (If Eligible)
If the estate’s personal property (excluding real estate) totals no more than $70,000, you may use a small estate affidavit under C.R.S. § 15-12-1302 (small estate affidavit). Once filed with the clerk of court and presented to the bank, this document allows you to collect or freeze funds without formal probate.
3. Petition for Appointment of a Personal Representative
If the estate exceeds small estate limits or co-heirs stall, file a probate petition under C.R.S. § 15-12-201 (appointment of personal representative) in the county court. After notice and any hearing, the court issues Letters of Administration (if no will) or Letters Testamentary (if there is a will). Banks must honor these letters and freeze or transfer funds only at the personal representative’s direction.
4. Request an Emergency Personal Representative
If assets face imminent risk—such as account depletion or removal—seek an emergency appointment under C.R.S. § 15-12-803 (emergency personal representative). The court can issue short-term letters (up to 120 days) allowing you to secure or freeze accounts pending full probate.
5. Present Documents to the Bank
Once you have the death certificate and appropriate court letters or small estate affidavit, provide certified copies to the bank. The bank will typically place a hold on the decedent’s accounts until the estate representative authorizes disbursements.
Helpful Hints
- Check the estate’s total value first to see if you qualify for a small estate affidavit.
- Order multiple certified death certificates at once to avoid repeat fees.
- Provide banks with certified, rather than photocopied, documents.
- File your petition in the county where the decedent last lived.
- Keep detailed records of all communications with co-heirs and financial institutions.
- Consult key probate statutes: Title 15, Articles 12 and 13, Colorado Revised Statutes.