Detailed Answer
When an adult dies in Colorado without a valid will ( intestate ), the court must appoint a personal representative (often called an administrator) to collect assets, pay debts, and distribute what remains to the heirs under Colorado law. The general process is filing a petition in the district court in the county where your mother lived and receiving court-issued authority (letters of administration) to act for the estate.
Step-by-step: How to apply to serve as the estate’s personal representative
- Confirm intestacy and determine whether probate is needed. If all assets pass outside probate (joint accounts, payable‑on‑death designations, trusts) and the remaining probate assets are small, you may be able to avoid full probate through a simplified procedure. For general probate rules, see Colorado’s probate statutes (Title 15): Colorado Revised Statutes, Title 15. For practical court forms and procedures see the Colorado Judicial Branch probate pages: Colorado probate forms and instructions.
- Identify the proper court and forms. File the petition for appointment of a personal representative in the district court in the county where your mother lived. The Colorado Judicial Branch provides probate forms (petition, notice, inventory, bond forms). Use the county court clerk’s instructions for filing, fees, and whether the court prefers electronic or in-person filing: Probate forms.
- Who may be appointed? When there is no will, Colorado gives priority to certain people. Typically a surviving spouse or an adult child has top priority, then other relatives if none of those apply. If several persons share the same priority, they may agree among themselves whom the court should appoint; otherwise the court decides. The court evaluates who is an “interested person” and who has priority under the statutes in Title 15: Title 15, Colorado Revised Statutes. (If multiple people file competing petitions, the court may hold a hearing.)
- Prepare required documents. The usual paperwork includes:
- Petition for appointment of personal representative.
- Certified copy of the death certificate (or filing the death certificate with the court).
- Heirship information (names and addresses of next of kin).
- Proposed bond (insurance/bond may be required unless waived by the court).
- Notice forms for heirs and creditors.
Use the court’s sample forms where possible to ensure compliance.
- File the petition and pay fees. Submit the petition to the district court clerk and pay the filing fee. The clerk will docket the petition and tell you whether a hearing or publication is required.
- Provide notice. Colorado law requires notice to interested persons and publication to notify unknown creditors in some cases. The court or local rules explain timing and acceptable methods of notice. You must serve statutory notice to heirs and file proof of service with the court.
- Court action: informal appointment vs. formal hearing. If there is no objection and the clerk finds the petition in order, the court can issue letters of administration (authority to act) without a formal adversary hearing (often called an informal appointment). If someone objects or there is a contest about who should serve, the court will schedule a hearing.
- Receive letters of administration and act as administrator. Once appointed, you will receive letters (documents verifying your authority). Your duties include locating and securing assets, inventorying estate property, notifying creditors, paying valid debts, filing tax returns, and distributing remaining assets to heirs according to intestacy rules. Keep detailed records and the court will require final accounting or petition to close the estate.
Hypothetical example
Suppose your mother, who lived in Denver, died intestate and owned a single checking account and a car in her name. You would check whether the account balance is low enough to use a simplified nonprobate transfer or small estate procedure. If not, you would file a petition in the Denver district court to be appointed personal representative, list yourself and the other heirs, provide a certified death certificate, serve the required notices, and—if the court approves—receive letters of administration to settle bills, sell the car if needed, and distribute the remaining money to the lawful heirs.
Timing, costs, and bond
Timelines vary. An uncontested informal appointment can be completed in a few weeks. Contested matters or complicated estates take months. Expect filing fees, possible publication costs, and fees for a surety bond if the court requires one. The court can sometimes waive a bond in whole or part if the heirs agree or state law permits.
Where to find Colorado statutes and court resources
- Colorado Revised Statutes, Title 15 (probate, trusts, and fiduciaries): leg.colorado.gov – Title 15.
- Colorado Judicial Branch probate forms and instructions: courts.state.co.us – Probate Forms.
- Local district court clerk’s office page (search by county) for filing details and fees: visit Colorado Judicial Branch and select your county.
Disclaimer: I am not a lawyer. This article explains general Colorado procedures and does not constitute legal advice. For help tailored to your situation, contact a licensed Colorado attorney or the local probate court clerk.
Helpful Hints
- Gather basic documents first: certified death certificate, account statements, titles, mortgage statements, and contact information for all potential heirs.
- Check whether any assets titled in your mother’s name have beneficiary designations or joint owners—those may avoid probate.
- Use the court’s recommended forms. Courts often reject improperly completed filings.
- Tell other heirs what you are doing. If they sign a written agreement giving you priority, the court may accept that and skip conflicts.
- Keep detailed financial records of every estate transaction. The court and heirs will expect clear accounting.
- Ask the clerk about small‑estate or summary procedures if the estate’s probate assets are limited; those procedures can save time and cost.
- If someone contests your appointment, consider consulting a Colorado probate attorney promptly—contests change procedure and timelines.