Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult an attorney about your specific situation.
Detailed Answer
1. Prepare and File the Probate Petition
Gather the decedent’s original will and a certified death certificate. Complete a Petition for Probate under Colorado law. File the petition with the district court in the county where the decedent lived. See C.R.S. § 15-10-301 for requirements (link).
2. Notify Heirs and Interested Parties
Within 14 days after filing the petition, personally serve a Notice of Appointment on all heirs, devisees and nominated personal representatives. File proof of service with the court. This step ensures that interested parties know about the probate proceeding. For details, see C.R.S. § 15-10-303 (link).
3. Publish Notice to Creditors
The personal representative must publish a Notice to Creditors once a week for three consecutive weeks in a newspaper of general circulation in the county where the estate is probated. The notice must state the date of appointment and instruct creditors to file claims within the statutory deadline. See C.R.S. § 15-12-805 (link).
4. File Proof of Publication
After completing the required publications, obtain an Affidavit of Publication from the newspaper. File this affidavit with the court to document compliance with creditor-notice requirements. This proof protects the estate against late claims.
5. Understand Creditor Deadlines
Creditors generally have four months from the date of first publication to present claims against the estate. Late claims may be barred. Refer to C.R.S. § 15-12-803 for claim deadlines (link).
Helpful Hints
- Review local court rules for filing fees, forms and timelines.
- Serve notices by certified mail when possible and keep return receipts.
- Verify that the newspaper you choose meets statutory circulation requirements.
- Keep copies of every filed document and proof of service/publication.
- Consider professional help for large or complex estates.