Detailed Answer
Under Colorado law, the probate court follows a strict priority list when appointing an administrator. The list starts with the surviving spouse, then children, parents, siblings, and so on. See C.R.S. § 15-12-201 (priority list).
If a higher-priority heir exists but cannot serve, the court may appoint the next eligible person. The court will consider if the higher-priority heir:
- Renounces or declines the appointment in writing.
- Is disqualified due to age, incapacity, felony conviction, or conflict of interest.
- Fails to post bond or qualify within the time set by the court.
Step 1: File a Petition for Appointment
File a verified petition under C.R.S. § 15-12-203 (petition requirements). Include:
- Your qualifications and relationship to the decedent.
- Evidence of the higher-priority heir’s renunciation or ineligibility.
- A proposed bond or request for a bond waiver.
Step 2: Obtain Waivers or Renunciations
Secure written waivers from any higher-priority heirs who decline to serve. The court requires these under C.R.S. § 15-12-203(3).
Step 3: Provide Evidence of Ineligibility
If you allege that a higher-priority heir is incapacitated or disqualified, submit supporting documentation, such as a medical certificate or criminal record.
Step 4: Attend the Probate Hearing
Attend the hearing and present your petition, waivers, and evidence. The judge will confirm your eligibility and may grant letters of administration. Upon appointment, comply with bond and inventory requirements under C.R.S. § 15-12-208 (bond and qualification).
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Review the full priority list in C.R.S. § 15-12-201 to confirm the order of preference.
- Obtain written declinations early to prevent delays.
- Prepare to post bond unless you qualify for a waiver.
- Gather medical or legal documents if alleging incapacity or disqualification.
- Consult with an attorney to ensure compliance with all procedural rules and deadlines.