Detailed answer

This FAQ explains what documentation a person typically needs to prove they are the next of kin and to qualify as the personal representative (administrator) when reopening a deceased person’s probate estate in Colorado. This is a general guide based on Colorado probate practice and the Colorado Revised Statutes governing estates (Title 15). It does not replace counsel from an attorney.

Short summary (what courts look for)

When you ask a Colorado probate court to appoint you as administrator of a reopened estate, the court wants clear proof of three things:

The decedent’s death (usually a certified death certificate).
Your identity and relationship to the decedent (documents showing kinship, marriage, adoption, or other legal relationship).
Your legal right to be appointed over other potential claimants (either by priority under statute, waivers from others, or a clear showing the prior administration is incomplete).

Where you file

File the reopening petition in the probate court of the county where the decedent was domiciled at death. Colorado probate procedure and forms are available from the Colorado Judicial Branch: Colorado probate forms and instructions. The substantive law governing probate and appointment of personal representatives is in Title 15 of the Colorado Revised Statutes: C.R.S. Title 15 — Estates, Trusts, and Fiduciary Relations.

Key documents you should assemble

Bring certified (or certified-copies) documents whenever possible. The court prefers original certified records for proof. Typical required and strongly recommended documents include:

Certified death certificate for the decedent (filed with the probate petition and used to open or reopen the estate).
Petition to reopen or to appoint personal representative — the court form or petition asking the court to reopen the estate and name a personal representative. Use the local county probate forms or the statewide forms from the Colorado Judicial Branch.
Certified proof of relationship (next-of-kin documentation) appropriate to the relationship you claim, for example:
- Birth certificate(s) showing parent-child relationship.
- Marriage certificate if you claim status as surviving spouse.
- Adoption decree if applicable.
- Court orders (e.g., paternity, name changes) or certified medical/legal records that show family connections.
Affidavit of Heirship or Family Tree — a signed affidavit describing the decedent’s family and the basis for your claim as an heir. Affidavits are often supported by other documents and by sworn statements from witnesses who can attest to family relationships.
Copy of any Will and existing probate papers — if the estate was previously opened, bring the prior file number, the original or certified copy of any letters testamentary or letters of administration previously issued, the inventory, accountings, and any distribution orders. If you are reopening because the prior administrator died, resigned, or failed to administer assets, show the court what remains to be done.
Renunciations, consents, or waivers from other intestate heirs (if available). If other people with a statutory priority sign written renunciations or waivers, it simplifies appointment and reduces bonding requirements.
Identification — government-issued photo ID (driver’s license, passport) to prove your identity when you file and appear in court.
Proof of residence or nexus to the county if relevant (some courts want to know you are readily available to serve as representative).
Bond information or waiver — in many cases the court requires a surety bond for a personal representative unless the will waives bond or all heirs consent to waive it. Be prepared to show request for bond or proof of any bond waiver. See the probate code on bond rules in Title 15.
Supporting documentation about assets remaining in the estate (bank statements, title to real estate, vehicle titles, life insurance policies payable to the estate) so the court and potential heirs can see why reopening is needed.

What you must show at the hearing

At the hearing to appoint an administrator or to reopen an estate the court typically requires:

Proper service or notice to interested parties (heirs, creditors, named beneficiaries). Courts require notice rules be followed; bring proof of service/notice.
Documentation proving your kinship or statutory priority (see list above).
Evidence why the estate needs reopening (for example, undistributed assets discovered later, errors in the original administration, missing heirs, or a prior representative who cannot complete administration).
Any written waivers or renunciations from other potential personal representatives or heirs.

Special situations and documents

No certified vital records available: If birth/marriage certificates are unavailable (e.g., older records), the court will accept secondary evidence: baptismal records, Social Security records, census records, hospital records, or sworn testimony from witnesses who knew the family relationship.
Small estate procedures: Colorado has simplified procedures that may apply when the estate’s value is below statutory thresholds (look up the small estate affidavit and summary process on the Colorado Courts site). These procedures require fewer documents but still need proof of kinship and a death certificate.
Reopening after prior distribution: If the estate was closed and assets later discovered, you will need to explain the discovery and provide records showing the asset was not previously administered. Bring documentation of asset ownership and valuation.

Relevant Colorado law and resources

The statutory framework for probate and appointment of personal representatives is in the Colorado Revised Statutes, Title 15 (Estates, Trusts, and Fiduciary Relations). Practical probate forms and filing instructions are available from the Colorado Judicial Branch probate forms page: Colorado Judicial Branch — Probate Forms. For statutory text see: C.R.S. Title 15 — Estates, Trusts, and Fiduciary Relations.

Practical steps to prepare

Obtain multiple certified copies of the decedent’s death certificate from the county or state vital records office.
Collect certified vital records proving your relationship (birth, marriage, adoption records). If unavailable, locate secondary documents and witness affidavits.
Request the prior probate file from the clerk of the court where the estate was opened; ask for copies of letters, inventory, accounting, and final order.
Prepare and file a petition to reopen the estate and to appoint you as personal representative. Follow local court filing and notice rules exactly.
Provide evidence of assets still in the estate and any reason the court should reopen administration.
Be ready to post bond unless waived or other heirs consent to waive bond.

When to get help

If relationships are contested, vital records are missing, heirs disagree, or the prior case is complex (tax issues, out-of-state assets, unknown creditors), consider consulting a probate attorney. An attorney can prepare petitions, help gather acceptable proof when records are unavailable, and represent you at hearings.

Disclaimer

This article provides general information about Colorado probate practice and is not legal advice. Laws change and individual cases vary. For advice about a particular situation, consult a licensed Colorado attorney or contact the probate clerk in the county where the estate will be reopened.

Helpful Hints

Start by ordering several certified death certificates — many institutions and the court will require originals.
Gather primary documents first (birth, marriage, adoption records). Secondary sources and sworn affidavits help when primary records are missing.
Obtain a copy of the prior probate file early — it will show what remains undone and what the court previously ordered.
Ask other family members to sign written renunciations or consents if they agree; that can speed appointment and reduce bonding costs.
Check the Colorado Judicial Branch probate forms page before filing so you use current court forms and follow local procedural rules: Probate forms.
Keep copies of everything you file with the court and get stamped/certified copies of any court orders or letters issued to you.
If you anticipate bond will be required, talk to a surety company early to learn estimated bond premiums and paperwork requirements.
Be ready to show the court how notice to heirs and interested parties was given — follow statute and local rule requirements for notice.