Detailed Answer
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a licensed attorney before taking legal action.
In Colorado, you obtain letters of administration by petitioning the probate court to appoint a personal representative when someone dies without a will (intestate). Colorado’s Probate Code (Title 15, Article 12) governs this process. Under C.R.S. § 15-12-104 (Application for Appointment of Personal Representative), you must submit several key documents to the court.
- Verified Petition for Appointment: A completed probate petition form listing the decedent’s full name, address at death, date and place of death, estimated estate value, and a statement that no will exists (if intestate). You sign this under oath before filing. See C.R.S. § 15-12-104(1): Justia – C.R.S. § 15-12-104.
- Certified Death Certificate: An official state-certified copy of the decedent’s death certificate. Attach one certified copy and file additional copies for creditors and tax authorities.
- List of Heirs and Next of Kin: A sworn schedule identifying each heir, their relationship to the decedent, and current mailing address. Colorado law requires notice to all heirs under C.R.S. § 15-12-201.
- Proof of Venue: Documentation showing why the chosen county has jurisdiction. Typically this is the decedent’s last residence in the county before death. See C.R.S. § 15-10-201.
- Bond Information: If heirs do not unanimously waive bond, the court requires a surety bond to protect the estate. Include a bond application or waiver form under C.R.S. § 15-12-108: Justia – C.R.S. § 15-12-108.
- Creditor Notice Plan: A proposed method for notifying creditors of the estate. Informal probate often uses publication in a local newspaper plus mailed notices to known creditors.
Once you file these documents and pay the court’s filing fee, the clerk issues letters of administration if no objections arise. The personal representative then has the legal authority to collect assets, pay debts, and distribute the estate according to Colorado intestacy rules (C.R.S. § 15-11-101 et seq.).
Helpful Hints
- Obtain all probate forms from your county court’s website before you begin.
- Gather certified death certificates early—delays can stall your petition.
- Use a spreadsheet to track heirs and their addresses for accurate notice.
- Check the Colorado Judicial Branch website for current filing fees and bond rates.
- Consider informal probate to avoid formal hearings unless asset claims require formal notice.