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
Under Colorado law, a personal representative (often called an executor or administrator) must file periodic accountings with the probate court and serve copies on “interested persons.” Interested persons include heirs, devisees, beneficiaries, and certain creditors. The key statute is C.R.S. § 15-12-708, which requires the personal representative to:
- File an initial accounting or report within one year of appointment (unless the court sets a different deadline).
- Provide a copy of that accounting to all interested persons within fourteen days of filing it with the court.
- Continue filing annual accountings and serving them on interested persons until estate administration closes or the court approves a final accounting.
If you are an interested person and have not received the accounting:
- Review the court docket online or at the clerk’s office to confirm the accounting was filed.
- If filed but not served, send the personal representative a written request referencing C.R.S. § 15-12-708 and demanding service of the accounting.
- If the representative still fails, you may petition the court under C.R.S. § 15-12-801 to compel filing and service of the accounting.
In rare cases, interested persons may waive formal accountings by written consent. Absent such a waiver, the personal representative must comply, even if all parties informally agree to skip the process. Proper notice ensures transparency and protects estate assets.
Helpful Hints
- Identify yourself as an “interested person” (heir, beneficiary, or creditor) when requesting documents.
- Keep copies of all correspondence and court filings to establish a paper trail.
- Check the court’s online case management system for accounting filings before making requests.
- Consider sending requests via certified mail to confirm delivery.
- If deadlines pass without action, file a motion to compel under C.R.S. § 15-12-801 to avoid delays in estate administration.