Short answer

To be appointed as an estate administrator (called a “personal representative” in Colorado) you must file a probate petition in the county where the decedent lived, provide the court with the decedent’s death certificate and any will, give required notice to heirs and interested parties, meet the court’s qualifications (age, capacity, and not disqualified), post a bond if the court requires one, and obtain Letters of Administration or Letters Testamentary from the court. If you and another person want to serve together, you can ask the court to appoint both as co-personal representatives.

Detailed answer — step-by-step under Colorado law

1) Determine whether probate is needed and which role you seek

First, determine whether the decedent left a valid will. If there is a will, it usually names an executor (now called a personal representative) who has priority to serve. If there is no will, or the named personal representative is unable or unwilling to serve, Colorado law allows the court to appoint an administrator (a personal representative appointed without a will). Deciding whether to open probate depends on estate assets, title issues, and creditor concerns. The Colorado courts provide general probate information at the Colorado Judicial Branch website: https://www.courts.state.co.us/.

2) Check priority rules and who may be appointed

Colorado follows a statutory priority system for who may serve. Typically the nominated personal representative in a valid will has first priority. If no one is nominated, or the nominee cannot serve, the court prefers certain close relatives (surviving spouse, adult children, other heirs) or a person interested in and suitable to act. The court will also consider creditor or public fiduciaries if appropriate.

3) Prepare required documents and file the probate petition

To start probate you (or your attorney) file a Petition for Probate/Appointment of Personal Representative in the county probate court where the decedent resided. Typical filings include:

• Probate petition or application asking the court to appoint you as personal representative;
• Original will (if one exists);
• Certified or certified-copy death certificate;
• Oath or affidavit of the proposed personal representative (some courts provide a form);
• Information about heirs and beneficiaries; and
• Proposed form of Letters of Administration or Letters Testamentary.

Colorado probate forms and instructions are available through the Colorado Judicial Branch forms section: https://www.courts.state.co.us/Forms/.

4) Give notice to interested parties and creditors

The law requires notice to certain persons: heirs, beneficiaries named in the will, any nominated personal representative who is not the petitioner, and known creditors. The court will instruct you on how to publish notice to unknown creditors if needed. Proper notice gives interested parties an opportunity to contest the will or the appointment.

5) Qualifications, disqualifications, and bond

Colorado requires the personal representative to be an adult with legal capacity and not otherwise disqualified (for example certain felons or persons under court order may be disqualified). The court may require the personal representative to post a bond (insurance to protect the estate) unless the will waives bond or the court otherwise dispenses with it for good cause. If you request to serve with someone else, the court can appoint co-personal representatives (co-administrators) if it finds joint service appropriate.

6) Court hearing and issuance of letters

The court will set a hearing if there are contests or as required by local rule. If the petition is uncontested and all documents are in order, the court issues Letters Testamentary (if a will is admitted) or Letters of Administration (if no will). Those Letters give the personal representative legal authority to act for the estate: collect assets, pay bills and taxes, and distribute property under the will or Colorado law.

7) Serving jointly as co-administrators

If two or more people want to serve together, ask the court to appoint them jointly. Joint appointees must both qualify. The court will consider whether joint service is practical (for example to share workload or represent differing interests). The court may set terms about how co-personal representatives must cooperate or handle disagreements.

8) What if someone objects to your appointment?

Interested persons can file objections, commonly arguing a more-preferred person should serve, the will is invalid, or the petitioner is unfit. The court resolves objections at a hearing. If contested, it’s common to hire a probate attorney to represent your interests — contested hearings can involve witness testimony and legal argument.

9) Timeframe and costs

Uncontested small estates can proceed in weeks; larger or contested matters can take months. Court filing fees, publication costs, potential bond premium, and attorney fees (if retained) are typical costs. Some small or summary procedures may be available if the estate qualifies.

Relevant Colorado law and resources

Colorado’s probate and personal representative rules are found in Title 15 of the Colorado Revised Statutes (Probate, Guardianship, and Trust Code). You can review Title 15 and related statutes at the Colorado General Assembly site: https://leg.colorado.gov/sites/default/files/2023a_crs_title_15.pdf. For practical court forms and local procedures, see the Colorado Judicial Branch: https://www.courts.state.co.us/.

Important: This article summarizes common steps and resources. Specific statutes and local court rules apply to each case.

Helpful Hints

• Start by locating the original will and obtaining a certified death certificate before filing.
• Call the county probate clerk to ask about local filing requirements and fees; courts often have local rules and required forms.
• If a will names you as personal representative, file to admit the will and ask for Letters Testamentary — the nominated person generally has priority to serve.
• If no one was named or the nominee cannot serve, prepare a short list of relatives and interested parties to show the court you are a suitable candidate.
• Be prepared to post a bond unless the will waives bond or the court dispenses with it — bond amounts are often tied to the estate value.
• Provide full, accurate notice to heirs and known creditors to avoid later challenges.
• Consider hiring a probate attorney if the estate is large, if disputes exist, or if estate tax or complex property issues arise.
• If you plan to serve with someone else, file a joint petition or make the joint request clear in your petition to avoid surprise objections.
• Keep careful records of all estate receipts, payments, and distributions — courts require accounting and transparency.

When to get legal help

Hire an attorney if beneficiaries contest the will or appointment, the estate owns business or out-of-state property, there are suspected creditor or tax issues, or you are unfamiliar with fiduciary duties. An attorney helps prepare petitions, represent you at hearings, and reduce personal liability risk while acting as a fiduciary.

Disclaimer

This information is educational only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, contact a licensed Colorado attorney.