Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
When a person dies, their estate may enter probate—a court-supervised process for distributing assets and paying debts. To determine whether a probate estate has been opened for a decedent in Colorado, follow these steps:
1. Identify the Decedent’s Domicile
Colorado law requires probate filings in the county where the decedent lived at the time of death. See C.R.S. § 15-10-201. Confirm the decedent’s last known residence to locate the correct county court.
2. Search the Colorado Judicial Branch Online Records
The Colorado Judicial Branch provides an online case lookup tool. Use the decedent’s full name and approximate date of death to search probate case dockets. Probate cases often include terms like “Estate of [Name].”
3. Visit or Contact the County Court Clerk
If the online search yields no results, visit or call the clerk’s office in the appropriate county courthouse. Provide the decedent’s name, date of death, and any known aliases. Clerks can confirm whether a probate petition has been filed under Colorado’s Probate Code.
4. Review Petition and Inventory Filings
Under C.R.S. § 15-12-201, anyone with an interest in the estate can file a petition for administration. If a petition exists, you will see documents such as:
- Petition for Appointment of Personal Representative
- Court order admitting the will (if one exists)
- Inventory of assets
5. Check Published Notice of Probate
Colorado law requires public notice of probate filings in a newspaper of general circulation in the decedent’s county (C.R.S. § 15-12-602). Search local newspaper archives or the clerk’s office for proof of publication.
Key Statutes
- C.R.S. § 15-10-201 (Jurisdiction and venue for probate)
- C.R.S. § 15-12-201 (Who may petition for administration)
Helpful Hints
- Gather the decedent’s full legal name, date of death, and last address before searching records.
- Ask whether the county court requires an appointment or accepts drop-in inquiries.
- Use the Colorado Judicial Branch’s glossary to understand probate terminology.
- If multiple individuals share the decedent’s name, narrow your search with date of birth or Social Security number (if permitted).
- Consider hiring a probate attorney if you encounter complex assets or potential disputes.