Detailed answer
This article explains what you can do if the person proposed or appointed to serve as a personal representative (administrator) of an estate is not sharing information about estate assets or providing estate documents. It describes practical steps under Colorado probate practice and points you to official resources. This is educational information only and not legal advice.
Who has a right to information about the estate?
Under Colorado probate practice, an “interested person” generally includes heirs, beneficiaries, devisees, creditors, and sometimes other parties with a financial stake in the estate. Interested persons normally have the right to certain basic estate information: the identity of the personal representative, an inventory of estate assets, and periodic accountings of administration activity. If you are an heir or beneficiary, you can ask for and are often entitled to receive documents showing estate assets and transactions.
Short, practical steps to take right away
- Ask in writing. Send a clear, dated written request by email and certified mail asking the administrator to provide a list of assets, copies of bank statements, titles, deeds, accountings, and any probate filings. Keep a copy of your request and the delivery receipt.
- Check court filings. If probate has been opened, many documents are or should be filed in the county probate file. Contact the county probate court clerk (or use the court’s online docket) to obtain copies of petitions, inventories, and accountings. Colorado courts maintain probate forms and instructions here: Colorado Courts — Probate Forms.
- Request an accounting. If the administrator has been appointed, you can request a formal accounting of receipts, disbursements, and distributions. If the administrator refuses, you can ask the court to compel an accounting.
- Document everything. Keep copies of your correspondence, notes of phone calls, and any evidence you have that the administrator is hiding assets or failing to act.
When informal requests don’t work — court remedies
If the administrator refuses to cooperate, Colorado courts offer several remedies you can ask the court to order:
- Motion or petition to compel production or an accounting. File a petition asking the probate court to order the administrator to produce the inventory, records, and a formal accounting. The court can set deadlines and require production of specific documents.
- Petition for surcharge or removal. If the administrator is withholding assets, mismanaging property, or failing to perform duties, you can petition the court to surcharge (financially penalize) the administrator or remove them and appoint a successor or special administrator.
- Temporary relief. If you believe assets are at risk of being dissipated or hidden, you can ask the court for emergency or interim relief—such as impounding funds, freezing transfers, or appointing a special administrator—while the court resolves the dispute.
- Contempt proceedings. If the court orders production and the administrator willfully disobeys, the court may hold the administrator in contempt and impose sanctions.
Relevant Colorado authority and where to look
Colorado’s statutes and court rules govern probate administration, duties of personal representatives, and the rights of interested persons. Look to Title 15 of the Colorado Revised Statutes (Probate) and the local county probate procedures for specific filing rules. You can search and read Colorado statutes here: Colorado Revised Statutes — Statutes Search. For practical probate forms and procedural guidance, see the Colorado Judicial Branch probate forms page: Colorado Courts — Probate Forms.
Evidence the court will want to see
- Copies of your written requests and any responses (or proof of non-response).
- Proof of your status as an interested person (copy of will, family relationship, or creditor claim).
- Any documents you already have that suggest missing assets (bank notices, title documents, account statements).
- Affidavits or declarations from witnesses who can verify communications or suspicious conduct.
Possible outcomes
The court may order the administrator to provide a full inventory and accountings, impose monetary penalties for losses or deliberate concealment, remove the administrator and appoint a successor, or take interim steps (freeze assets, appoint a special administrator) to protect estate property. In some cases, the court may refer issues for criminal investigation if it appears fraud or theft has occurred.
When to talk to a lawyer
Getting legal help is often wise when an administrator resists sharing information, when large or unusual assets are at stake, or when you suspect fraud. A probate attorney can:
- Assess whether you are an “interested person” under Colorado law.
- Draft and file the proper petition or motion with the probate court.
- Seek emergency relief or negotiate a forensic accounting if needed.
If you cannot afford an attorney, contact the local legal aid office or the court clerk for self-help resources and forms.
Time limits and deadlines
Probate cases have procedural deadlines. For example, inventory or accountings are often required on a court schedule after appointments; failure to follow court deadlines can affect rights and remedies. Contact the probate clerk for timeline details in your county and act promptly if you suspect concealment.
Summary
Start by making a written request and checking the court record. If informal requests fail, file a petition with the probate court to compel production of an inventory and an accounting, seek removal or surcharge if there is wrongdoing, or ask for emergency measures to protect assets. Keep detailed records of all communications and consider hiring a probate attorney to protect your interests.
Official resources: Colorado statutes and probate forms — leg.colorado.gov and courts.state.co.us (Probate Forms).
Disclaimer: This is general information about Colorado probate practice and is not legal advice. For advice specific to your situation, consult a licensed Colorado attorney.
Helpful hints
- Always send formal requests in writing and keep proof of delivery.
- Start with the county probate clerk — many filings are public records you can inspect.
- Ask for a formal accounting if you are a beneficiary or other interested person.
- Preserve emails, text messages, and voicemail that show the administrator’s conduct.
- Act quickly if you suspect assets are being hidden or dissipated—ask the court for emergency relief.
- Consider requesting a forensic accounting when the records are incomplete or suspicious.
- If the administrator is in another state, you may still use Colorado court remedies if the probate case is in Colorado.
- If cost is an obstacle, ask the court about fee waivers, or contact local legal aid or a bar association lawyer referral service.