Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
Under Colorado law, you can apply for Letters of Administration when someone dies without a valid will (C.R.S. §15-12-301). These letters authorize a personal representative to manage and distribute the decedent’s estate. Follow these steps:
1. Verify Eligibility
Identify the correct person to serve as personal representative. Priority follows Colorado’s intestacy rules (C.R.S. §15-11-101).
2. Gather Required Documents
- Certified copy of the decedent’s death certificate
- List of potential heirs and their addresses
- Estimated value of estate assets
3. Complete AOC Forms
Key forms available on the Colorado Judicial Branch website:
- AOC-E: Probate Cover Sheet
- AOC-100: Petition for Letters of Administration
- AOC-101: Order and Notice of Hearing
- AOC-102: Acceptance of Appointment and Oath
- AOC-103: Letters of Administration (if no will)
- AOC-103A: Letters of Administration with Will Annexed (if a will exists but someone else is executor)
- AOC-710: Inventory and Informational List (to list all estate assets)
4. File the Petition
File the completed forms and death certificate with the probate court in the county where the decedent lived. Pay the required filing fee (varies by county).
5. Notify Interested Parties
Serve notice of the hearing on heirs and creditors as ordered by the court (C.R.S. §15-12-307).
6. Attend the Hearing
The court reviews the petition, ensures notices were properly served, and confirms the petitioner’s qualifications. The court may also set bond requirements (C.R.S. §15-12-501).
7. Obtain Letters of Administration
Once the judge signs the order, the clerk issues the Letters of Administration (AOC-103 or AOC-103A), officially appointing the personal representative.
Helpful Hints
- Check your county court’s website for local filing procedures and fee schedules.
- Double-check all names and addresses to avoid service defects.
- Consider using the Probate Cover Sheet (AOC-E) to streamline court processing.
- Keep copies of all filed documents and proof of service.
- If estate assets are significant, consult an attorney to discuss bond waivers and estate management tasks.