Disclaimer: This article does not provide legal advice. It serves educational purposes only. Consult a qualified Colorado attorney for guidance on your specific situation.
Detailed Answer
When someone dies without a valid will in Colorado, the court opens an intestate probate case. The court then appoints an administrator to manage the estate. Colorado law ranks potential administrators by priority under Colo. Rev. Stat. § 15-12-202. A potential heir may serve as administrator if they meet the requirements and no higher-priority person applies or qualifies.
Here’s how a potential heir can secure an appointment:
- Determine eligibility: Under Colo. Rev. Stat. § 15-12-201, the court may only appoint someone who is at least 18, mentally competent and not under guardianship.
- Check the priority list: The court follows this priority when appointing an administrator (§ 15-12-202):
- Surviving spouse
- Adult children
- Parents
- Adult siblings
- Other heirs according to intestate succession (§ 15-11-101)
- Creditors and any suitable person
- File a petition: Win probate venue in the county where the decedent resided. Complete and file a Petition for Administration form. Attach a certified death certificate.
- Provide notice: Notify all interested parties (heirs, creditors, spouse). Publish a notice to creditors if required.
- Attend the hearing: The court holds a hearing on the petition. The petitioner should present proof of eligibility, kinship and bond (if required).
- Post bond and letters: The court may require a fiduciary bond. Once approved, the clerk issues Letters of Administration. The administrator gains legal authority to collect assets, pay debts and distribute property under Colo. Rev. Stat. § 15-12-301.
If no one in a higher priority class is available or qualified, the court can appoint a lower-priority heir or any suitable person. In rare cases, the court may appoint a professional fiduciary.
Helpful Hints
- Gather documents: death certificate, family tree, asset list.
- Check for conflicts: ensure no higher-priority relative objects.
- Consult local rules: probate procedures vary by county.
- Prepare for bond: verify whether the court waives bond for heirs.
- Keep accurate records: track receipts, disbursements and filings.
- Consider mediation: heirs may settle disputes without litigation.