What steps are required to open an estate proceeding in Colorado when no probate case exists? | Colorado Probate | FastCounsel
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What steps are required to open an estate proceeding in Colorado when no probate case exists?

Detailed Answer

When a decedent dies without any existing probate case in Colorado, a surviving family member or interested person must open a new estate proceeding to appoint someone to administer the estate. You start by determining whether formal probate is required or if you qualify for a simplified (small estate) administration.

1. Determine Whether You Need Formal Probate

Check if the decedent owned real property in their name alone, or if total estate value exceeds the small-estate threshold (currently $70,000). Estates under that amount may qualify for summary administration under Colorado’s small estate affidavit process (C.R.S. 15-12-1201: 15-12-1201).

2. Prepare and File a Probate Petition

For formal or informal administration, file a petition in the district court of the county where the decedent resided. The petition must:

  • Name the decedent and state their last residence.
  • List all heirs, beneficiaries, and creditors.
  • Nominate a personal representative (PR) or administrator.
  • State the estimated value and type of assets.

This petition process is governed by C.R.S. 15-12-301 (15-12-301).

3. Provide Notice and Publish

After filing, the court issues Letters Testamentary or Letters of Administration. The PR must:

  • Mail notice to all heirs and beneficiaries.
  • Publish a notice to creditors in a local newspaper.
  • Mail statutory notice to known creditors.

4. Qualify as Personal Representative

The nominated PR takes an oath, files a bond (if required), and receives official Letters from the court. These Letters grant authority to collect assets, pay debts, and distribute property.

5. Administer the Estate

The PR must:

  • Identify, collect, and secure assets.
  • File an inventory and schedule of assets with the court.
  • Pay valid debts and taxes.
  • Prepare final accounting.
  • Distribute assets according to the will or Colorado’s intestacy rules (C.R.S. 15-11-101 et seq.).

6. Close the Estate

After completing administration, file a closing statement. The court reviews and, if satisfied, issues an order discharging the PR and closing the case.

Disclaimer: This article is for educational purposes only. It does not constitute legal advice. You should consult a qualified attorney for guidance on your specific situation.

Helpful Hints

  • Check estate value carefully to see if you qualify for a small estate affidavit (C.R.S. 15-12-1201).
  • Gather death certificate copies early; courts usually require certified copies.
  • Keep detailed records of notices and publications for court proof.
  • Consider informal administration for lower court supervision and faster distribution.
  • Consult Colorado’s Probate Code (Title 15 of the Colorado Revised Statutes) for deadlines and format requirements.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.