Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.
Detailed Answer
In Colorado, two separate offices handle estate administration (probate) and unclaimed property claims:
1. Estate Administration (Probate)
When someone dies, their assets must pass through probate unless they held property in joint tenancy, a trust, or had beneficiary designations in place. Colorado’s Uniform Probate Code governs this process under Title 15 of the Colorado Revised Statutes. County courts have exclusive jurisdiction over probate matters. You must file a petition in the county court where the decedent was domiciled at the time of death. The court appoints a personal representative (formerly “executor”), oversees notice to heirs and creditors, and supervises asset distribution.
Key statute: C.R.S. § 15-10-101 (2019) (jurisdiction of county courts over probate).
2. Unclaimed Property Claims
Unclaimed property covers forgotten or abandoned assets such as bank accounts, stocks, safe deposit contents and insurance proceeds. Colorado’s Uniform Unclaimed Property Act, found in Title 38, Article 13, requires holders of unclaimed assets to remit them to the Colorado State Treasurer’s Office.
The Treasurer’s Division of Unclaimed Property maintains a searchable database of these assets. To recover property, you search by name and file a claim online. The office reviews your documentation—proof of identity and entitlement—then releases funds or property directly to you.
Key statute: C.R.S. § 38-13-101 (2019) (definitions and scope of unclaimed property).
Helpful Hints
- Locate the correct county court. Visit the Colorado Judicial Branch directory: County Courts in Colorado.
- Gather key documents before probate: death certificate, will (if available), asset and debt records, and heir information.
- Search for unclaimed property at the Colorado State Treasurer’s Unclaimed Property site: treasury.colorado.gov/unclaimed-property.
- Note claim deadlines. Unclaimed property claims generally must be filed within three years of escheat. See C.R.S. § 38-13-120.
- Use self-help resources for basic forms and instructions: Colorado Courts Self-Help Center.
- Consider consulting an attorney for complex estates, multi-state assets or contested claims.