How can a guardian or guardian ad litem be appointed to manage a minor’s interest in an estate in Colorado?

Disclaimer: This article provides general legal information only and does not constitute legal advice.

Detailed Answer

Under Colorado law, the probate court can appoint a guardian to manage a minor’s financial interests in an estate or a guardian ad litem to represent the minor’s legal interests in court. These appointments ensure a minor’s inheritance, trust distributions, or other assets receive proper oversight until the minor reaches the age of majority (18 years old). See C.R.S. § 13-22-101.

When a Guardian or Guardian ad Litem Is Needed

• If a minor stands to inherit property or distributions: File for a property guardian under C.R.S. § 15-14-301 et seq.
• If a dispute involves a minor’s right or property interest in litigation: Request a guardian ad litem under C.R.S. § 15-14-205.

Step-by-Step Appointment Process

1. Prepare and File a Petition: Submit a verified petition in the county probate court. Include the minor’s details, decedent’s death certificate, estate inventory, and a proposed guardian’s qualifications. See C.R.S. § 15-14-206.
2. Provide Notice: Serve notice on the minor’s parents, any existing guardian, personal representative, and interested parties at least 14 days before the hearing. See C.R.S. § 15-14-207.
3. Attend the Court Hearing: Present testimony on the minor’s needs and the proposed guardian’s suitability. The court evaluates the best interests of the minor before making any appointment.
4. Receive Letters of Guardianship: After appointment, the clerk issues letters that authorize the guardian to manage the minor’s assets. The guardian ad litem receives a court order confirming their advocacy role.
5. Fulfill Ongoing Duties: Guardians must manage assets prudently, file annual accountings, and seek court approval for major transactions. See C.R.S. § 15-14-309.

Termination and Modification

The court terminates a guardianship when the minor turns 18, the guardian resigns or can no longer serve, or on a petition showing changed circumstances. A guardian ad litem appointment ends when the underlying action resolves or the court orders otherwise.

Helpful Hints

• Consult a Colorado-licensed attorney to navigate probate forms and deadlines.
• Gather the minor’s birth certificate, estate documents, and proof of value for all assets.
• Verify bond requirements; courts often require a bond to protect the minor’s assets.
• Maintain clear financial records and file annual reports on time.
• Attend all hearings; missing a notice can delay appointment.
• Consider mediation if interested parties disagree before court intervention.
• Review C.R.S. Title 15, Article 14 for detailed statutory requirements.