Colorado Petition for Probate

Introduction

Key Things to Know

1. 1

   Filing: informal Application for Informal Probate of Will and Informal Appointment of Personal Representative (JDF 910), directed to the registrar, or formal Petition for Formal Probate of Will and Formal Appointment of Personal Representative (JDF 920), filed in the district court of the county where the decedent lived, or the Probate Court of the City and County of Denver (C.R.S. §§15-12-201, 15-12-301). The court's form controls over any draft.

2. 2

   No one has authority over estate assets until the court appoints a personal representative and letters issue. Being named as executor in a will does not by itself allow anyone to collect assets, pay debts or transfer property. Do not distribute, pay heirs or sell estate property before appointment or before the creditor period has run.

3. 3

   No informal or formal probate or appointment proceeding may be commenced more than three years after the decedent's death, with exceptions (C.R.S. §15-12-108). Within ten days after the testator's death, or as soon after as the death becomes known, the custodian of the will must deliver it to the court in the county where the decedent lived (§15-11-516). A court clerk or attorney can advise on the exceptions.

4. 4

   Priority to serve runs from the person named in a probated will, then a surviving spouse who is a devisee, other devisees, the surviving spouse, other heirs, and a creditor 45 days after death, among others (C.R.S. §15-12-203(1)). Anyone under 21 or found unsuitable in formal proceedings cannot serve. Nonresidents may serve. The court decides, and appointment is not guaranteed.

5. 5

   Notice: informal proceedings need no prior notice except to a person who demanded it and to any existing personal representative. Within 30 days after appointment the representative sends information of the appointment (JDF 940) by ordinary mail to each heir and devisee whose address is reasonably available (C.R.S. §15-12-705). Formal proceedings give notice of hearing to interested persons (JDF 711).

6. 6

   Creditors: unless one year or more has passed since death, the representative publishes a notice to creditors at least three times, once in each of three successive calendar weeks, in a newspaper in the county (C.R.S. §15-12-801). The claims date is not earlier than four months from first publication or one year from death, whichever occurs first. Pre-death claims are barred one year after death in any event (§15-12-803).

7. 7

   Bond is not required in informal proceedings except for a special administrator, a will that expressly requires it, or a demand under §15-12-605 (C.R.S. §15-12-603). In formal proceedings the court may order bond at appointment. On petition, the court may excuse bond or change its amount (§15-12-604). Informal proceedings before the registrar are still probate. Some estates can skip probate through the collection-by-affidavit route covered on DocDraft's small-estate-affidavit page.

Colorado Requirements for Petition for Probate

• Informal or Formal Filing

  Colorado has an informal Application (JDF 910) directed to the registrar and a formal Petition (JDF 920) with notice and hearing (C.R.S. §§15-12-301, 15-12-201).

• District Court Where Decedent Lived

  The filing goes to the district court of the county where the decedent lived, or the Probate Court of the City and County of Denver (C.R.S. §15-12-201(1)(a)).

• Three-Year Limit

  No probate or appointment proceeding may be commenced more than three years after death, with exceptions (C.R.S. §15-12-108).

• Will Delivery Within Ten Days

  The custodian must deliver the will to the court within ten days after death or as soon after as the death becomes known (C.R.S. §15-11-516(1)).

• Priority and Qualification

  Priority starts with the person named in a probated will. A person under 21 or found unsuitable in formal proceedings cannot serve, and nonresidents may serve (C.R.S. §15-12-203).

• Information of Appointment

  Within 30 days after appointment the representative sends information of the appointment by ordinary mail to each heir and devisee with a reasonably available address (C.R.S. §15-12-705(1)).

• Creditor Notice by Publication

  The representative publishes notice to creditors once in each of three successive calendar weeks, unless one year or more has passed since death (C.R.S. §15-12-801).

• Bond Rules

  No bond is required in informal proceedings except in stated cases. The court may require bond in formal proceedings and, on petition, excuse it or change its amount (C.R.S. §§15-12-603, 15-12-604).

• Three-Year Statement

  The application must state that the three-year limit for opening a probate or appointment proceeding has not expired (C.R.S. §15-12-301(2)(f)).