Colorado: How to Revoke Letters of Administration and Get Appointed as the Sole Heir

Short answer: In Colorado you ask the probate court to revoke or suspend the existing letters of administration and to remove the administrator by filing a petition supported by evidence showing the administrator is unfit, has breached duties, is incapacitated, or was improperly appointed. If you are the sole heir, you can ask the court to appoint you as successor personal representative once the court finds cause to remove the current administrator.

Key legal background (how Colorado law treats administrators and removal)

The rules that control intestate administration, appointment of a personal representative, and duties of that representative are in Colorado’s probate laws (Title 15). The probate court has authority to supervise estates, require accountings, and remove a personal representative for cause. For general statutory text and definitions, see the Colorado Revised Statutes, Title 15 (Estates, Probate, and Trusts): leg.colorado.gov — Title 15. The Colorado Judicial Branch also publishes forms and guidance for probate filings and proceedings: courts.state.co.us — Probate forms and information.

Who may ask the court to act?

Interested persons — typically heirs, beneficiaries, creditors, and sometimes other parties with a property or financial interest in the estate — may file a petition asking the court to remove the administrator, demand an accounting, or seek other relief. As the sole heir, you are an interested person and have standing to file a petition with the probate court.

Grounds the court will consider for removal

• Failure to perform duties: not collecting or safeguarding assets, failing to pay valid debts, or not filing required inventory and accountings.
• Breach of fiduciary duty: self-dealing, unauthorized transfers, or conflicts of interest.
• Incapacity or incompetence that prevents proper administration.
• Fraud, concealment of assets, or material misrepresentations in the probate proceeding.
• Failure to post bond if required, or failure to qualify properly.

Practical steps to request reconsideration and removal

1. Gather documentation. Collect the decedent’s death certificate, the letters of administration (if issued), proof you are the sole heir (family records, certified genealogy if necessary), bank statements or asset records showing trouble, any communications with the administrator, and any evidence of misconduct (checks, transfers, receipts).
2. Request an accounting or information first. Many disputes begin by formally demanding an accounting and records from the administrator. If the administrator refuses or provides an inadequate accounting, that helps establish cause for court action.
3. File a petition in the county probate court. You must file a petition to remove the personal representative (and/or to revoke or suspend letters) and to appoint you as successor. The petition should identify the estate, the current administrator, the legal basis for removal, and the relief you want. The court will provide public notice and schedule a hearing. Use the local probate forms and filing procedures available from the Colorado Judicial Branch or the county clerk.
4. Provide legal and factual support. Attach exhibits (accounting requests, bank records, witness statements) and explain clearly how the administrator’s conduct meets Colorado’s standards for removal.
5. Request interim relief if assets are at risk. If the administrator is dissipating assets, ask the court for temporary suspension, a restraining order, or appointment of a temporary administrator to prevent loss pending the hearing.
6. Serve notice to interested persons. Colorado courts require notice to heirs, beneficiaries, and creditors. The clerk or the court rules will specify proper service and timelines.
7. Attend the hearing and present evidence. Be prepared to present documents and witnesses that support removal. The court will consider the evidence and the administrator’s response.
8. If you are successful, seek appointment as successor personal representative. Courts typically follow statutory priority for appointing a new personal representative. As the sole heir you have a strong claim to appointment, but the court will evaluate your fitness and whether you may need to post bond.

What evidence helps most

Clear financial records, written demands for accounting that were ignored, proof of improper transfers or self-dealing, testimony from banks or other institutions, and any court filings that show noncompliance with probate deadlines. A concise timeline of events and copies of communications are especially persuasive.

Possible court outcomes

• Removal of the administrator and appointment of you (or another qualified person) as the new personal representative.
• Suspension of administrator powers while an accounting is required or assets are preserved.
• Monetary remedies (surcharge, restitution) if the court finds misconduct.
• Dismissing the petition if the court finds insufficient cause.

Timing and cost

Timing varies by county and court caseload. Some matters resolve quickly; contested petitions with discovery and complex financial issues can take months. Expect court filing fees and possible attorney fees. If estate funds exist, the estate may ultimately pay reasonable attorney fees subject to court approval.

Where to file and local procedure

File in the probate division of the district court in the county where the decedent lived. Each Colorado county may use slightly different local forms or practices — check the county court website or the Colorado Judicial Branch probate forms page: courts.state.co.us — Probate forms and information.

When to consider legal help

Probate law is procedurally specific. If the administrator resists, has deep financial entanglements, or the estate is large or complex, consult a Colorado probate attorney for help drafting pleadings, proving misconduct, and protecting estate assets. If funds are limited, some attorneys accept estates as payment or handle contested matters on contingency in rare circumstances.

Important statutory reference

See Colorado’s statutes governing estates and probate (Title 15) for definitions, appointment rules, and court authority: Colo. Rev. Stat. Title 15 — Estates, Probate, and Trusts.