Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance regarding your situation.
Detailed Answer
When an institution refuses to release estate documents such as wills, trusts or account statements, you can use court procedures under Colorado law to secure these records. Below are key options:
1. Open Formal Probate
Filing a formal probate petition with the county probate court gives you letters testamentary or letters of administration. These letters serve as official proof of your authority to act on behalf of the estate. Once you have letters, you can demand documents from banks, brokerages and other custodians. See C.R.S. § 15-10-401 for probate requirements (link to Title 15: https://leg.colorado.gov/sites/default/files/2023a_15.pdf).
2. Petition to Compel Production in Probate
If an estate is already open but records are missing, file a petition in the same case asking the court to order the custodian to produce the documents. Colorado probate courts have authority to compel third parties to deliver records necessary for administration.
3. Issue a Subpoena Duces Tecum
Under the Colorado Rules of Civil Procedure Rule 45, you can subpoena documents from non-party custodians. First obtain a court order or letters testamentary, then issue the subpoena demanding specific records. For rule details see C.R.S. § 13-90-107 on the Colorado General Assembly site (https://leg.colorado.gov/sites/default/files/2022a_13.pdf).
4. File for a Lost Will Admission
If the will itself is missing, you can still seek its admission under C.R.S. § 15-11-501. You must prove the will existed and was not revoked. The court may admit a copy or draft, and then order the custodian to produce related documents.
5. Ancillary Probate for Out-of-State Assets
If property or accounts are located in another state, you can open ancillary probate in that jurisdiction. Then use that court’s process to compel local institutions to release records back to the Colorado estate administrator.
Helpful Hints
- Gather all available account numbers, mailing addresses and custodian contact information before filing.
- Prepare a clear list of documents needed and the time periods covered.
- Serve subpoenas and petitions according to court rules to avoid technical rejections.
- Consider hiring a local probate attorney familiar with court processes if obstacles persist.
- Keep detailed records of all requests and communications with custodians.