Detailed Answer
When a loved one’s estate enters probate in Colorado, the personal representative must notify creditors—including medical debt collectors—so they can present claims. Colorado’s probate code outlines two primary notice methods: publication in a newspaper and direct mailing to known creditors. These procedures set the timeline (the bar date) for submitting claims and protect the estate from unexpected liabilities after distribution.
1. Publication Requirement
Under C.R.S. 15-12-801, the personal representative must publish a “Notice to Creditors” once a week for four consecutive weeks in a newspaper of general circulation in the county where probate is pending. This publication must include:
- Decedent’s full legal name and date of death
- Case number and name of the probate court
- Name and address of the personal representative
- Deadline (bar date) to file claims (generally two months from first publication)
2. Direct Mailing to Known Creditors
The representative must also mail or deliver a copy of the notice within two months of appointment to each creditor whose identity and address are reasonably ascertainable (C.R.S. 15-12-801). “Known creditors” include anyone with a valid claim, such as medical providers or debt collectors who have sent invoices before the representative’s appointment.
3. Deadline for Filing Claims
Creditors must present their claims in duplicate to the probate court within the later of:
- Two months after the first publication of notice; or
- Thirty days after service by mail or delivery.
Claims filed after the bar date are barred (C.R.S. 15-12-804).
4. Special Considerations for Medical Debt Collectors
Medical debt collectors receive the same notice as other creditors. They must demonstrate they represent a valid debt arising before the decedent’s death. If a collector filed a lawsuit pre-death, it may have priority. All medical claims must comply with the same filing deadlines.
5. Filing Proof of Notice
After completing publication and mailings, the representative files affidavits of publication and mailing with the probate court. These proofs ensure no undisputed claims emerge later and allow for distribution of the estate’s assets (C.R.S. 15-12-803).
By following these notice rules, the personal representative limits future estate liabilities and ensures an orderly distribution of assets.
Helpful Hints
- Set reminders for publication dates to avoid missed notices.
- Compile a comprehensive list of potential creditors—including medical providers—early.
- Keep copies of all mailed notices and proof of receipt when possible.
- Consult court clerks for local newspaper options and publication deadlines.
- Review creditor claims promptly to decide on approval, rejection, or negotiation.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a licensed probate attorney in Colorado.