Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
In Colorado, the personal representative (formerly called executor or administrator) manages an estate after someone passes away. You must follow Colorado’s probate code, primarily found in Title 15 of the Colorado Revised Statutes (C.R.S.). Below is a step-by-step guide and an approximate timeline for an uncontested, informal probate.
1. File a Petition for Appointment
Under C.R.S. § 15-12-202, you start by filing a Petition for Informal Appointment of Personal Representative in the county where the decedent lived. You must attach the original death certificate, any original will (if one exists), and a list of heirs and devisees.
Link: C.R.S. § 15-12-202
2. Provide Notice to Heirs and Creditors
After filing, you must notify all heirs and devisees by mail within 14 days (C.R.S. § 15-12-801). You also publish a Notice to Creditors in a local newspaper once a week for three consecutive weeks. Creditors then have 35 days after the first publication to submit claims.
Link: C.R.S. § 15-12-801
3. Court Review and Issuance of Letters
If no one contests the petition and notice periods expire, the court clerk issues Letters of Administration (or Letters Testamentary if there’s a will) without a formal hearing, under C.R.S. § 15-12-301. These letters grant you authority to collect assets, pay debts, and distribute property.
Link: C.R.S. § 15-12-301
4. Timeline Overview
- Day 0: File petition, death certificate, will (if any).
- Days 1–14: Mail notices to heirs.
- Days 1–21: Newspaper publication (three weekly insertions).
- Day 35 (approx.): Creditor claim period ends.
- Day 35–45: Clerk issues Letters if no objections.
Total informal process: roughly 6–8 weeks barring issues.
Helpful Hints
- Gather essential documents first: death certificate, original will, asset lists.
- Double-check notice addresses: errors can delay issuance of Letters.
- Consider a surety bond if required by the court or will.
- Keep a detailed calendar of publication and mailing deadlines.
- If anyone contests or if the estate is complex, prepare for a formal probate process that involves a hearing.
- Consult a probate attorney early to avoid procedural missteps.