How to Open a Spouse’s Probate Estate in Colorado to Pursue a Camp Lejeune Claim

Detailed Answer

Short answer: Under Colorado law, you must open a probate estate in the county where your late spouse lived if the decedent owned property or legal claims (including personal-injury or exposure claims) that survive death. A court must appoint a personal representative (executor/administrator) with authority to collect assets, pay debts, and file any claim that belonged to the decedent. Once appointed, the personal representative can pursue a Camp Lejeune claim on behalf of the estate or authorize a settlement. Below are the practical steps, legal basics, and links to official Colorado resources you will need.

Step-by-step: How to open a probate estate in Colorado

1. Determine whether probate is needed. Probate is usually required when the deceased owned assets titled solely in their name (real estate, bank accounts, personal-injury claims) or when a creditor or claimant must be paid from the decedent’s assets. Small asset shortcuts may apply—see Colorado resources below.
2. Locate the original will (if any). If your spouse left a valid will, that document names the person the court should appoint to administer the estate. If there is no will (intestate), Colorado law sets who may serve as personal representative (often surviving spouse or next of kin).
3. Collect essential documents before filing. Typical documents to gather: certified death certificate, original will, marriage certificate, lists of assets and debts, account statements, vehicle titles, deed records, Social Security numbers, and any records related to the Camp Lejeune exposure (medical records, service records, VA documents). These help prepare the petition and prove the estate’s claims.
4. Choose where to file. File a petition for appointment of a personal representative in the county probate court where the decedent was domiciled at death. Colorado courts provide local probate forms and instructions: see Colorado Judicial Branch probate forms and information.
5. File the petition and supporting papers. The petition typically asks the court to admit the will (if there is one) and to appoint a personal representative. Attach the original will (if any) and a certified death certificate. Pay the court filing fee or ask about fee waivers if eligible.
6. Service and notice. Colorado procedure requires notice to heirs, beneficiaries, and certain creditors. The court or the personal representative must serve and publish notices per Colorado rules so interested parties have an opportunity to object.
7. Court appointment. If there are no timely objections, the court issues letters testamentary or letters of administration. These court-issued letters give the personal representative authority to act for the estate, including filing lawsuits or settling claims.
8. Inventory, administration, and creditor handling. The personal representative gathers assets, arranges preservation, notifies creditors, evaluates claims against the estate, and pays valid debts and expenses. The representative may need to file inventories or statements with the court depending on the case.
9. Bringing a Camp Lejeune claim. Once appointed, the personal representative can file a claim in the appropriate forum (federal court or as required by federal statute or administrative process). The representative sues on behalf of the estate if the claim belonged to the decedent at death. If the injury or claim first arose after death, consult counsel about who may bring the action under Colorado and federal law.
10. Settlement or distribution, then closing the estate. After paying creditors and expenses, and resolving claims including any Camp Lejeune claim, the personal representative distributes the remainder to beneficiaries and asks the court to close the estate.

Who can serve as personal representative in Colorado?

If the decedent named an executor in a valid will, the court will generally appoint that person. If there is no will, Colorado law provides a priority list (surviving spouse, adult children, other next of kin) that the court follows when appointing an administrator. If multiple people qualify, the court decides who is best suited. For official statute text and details, consult the Colorado Revised Statutes and your county probate court.

Timelines and practical considerations

• Timeline. The first court appearance and appointment often happen within a few weeks if paperwork is in order and no objections exist. Administration (inventory, creditor claims, litigation) can take months to years depending on complexity.
• Fees and bonds. Courts charge filing fees. The court may require a personal representative bond in some cases; a will can waive the bond in many situations.
• Creditors. Colorado has statutory rules for creditor notice and deadlines. The personal representative must follow these rules to protect the estate and beneficiaries.

Official Colorado resources and statute location

Colorado courts provide forms and guidance for probate filings: Colorado Judicial Branch — Probate Forms.

For statutory text and the probate code, see the Colorado Revised Statutes (Title 15 covers probate, trusts, and fiduciaries): Colorado Revised Statutes — Official site. Use Title 15 to read specific provisions on appointment, powers, and duties of personal representatives.

How probate interacts with a Camp Lejeune claim

If the decedent had a lawful claim related to Camp Lejeune exposure, that claim became an asset of the decedent’s estate at death. Only someone with legal authority (the personal representative) can assert or settle that claim on behalf of the estate. If you are the surviving spouse and the estate is opened and you are appointed, you (through your counsel) can pursue the claim for the benefit of the estate and its beneficiaries.

Camp Lejeune claims commonly involve federal statutes, federal administrative processes, or federal court litigation. A probate appointment under Colorado law does not change federal filing rules or deadlines. Coordinate with an attorney who understands both Colorado probate requirements and the federal claim process for Camp Lejeune matters.

When you may not need formal probate

Some assets pass outside probate (jointly titled property, beneficiary-designated accounts, some small-asset procedures). Colorado has simplified procedures for small estates and for transfers by affidavit in certain situations; check local rules and statutes to confirm whether you qualify for a non-probate transfer mechanism.

Disclaimer: This article provides general information about Colorado probate procedures and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, contact a licensed Colorado probate attorney or use the Colorado Bar Association’s lawyer referral resources.

Helpful Hints

• Start by getting several certified copies of the death certificate — courts and agencies will require them.
• Gather VA and military service records early if you plan to assert a Camp Lejeune claim; these records support exposure and service connection documentation. See the VA’s Camp Lejeune information: VA — Camp Lejeune water contamination.
• Use official Colorado probate forms from the Colorado Judicial Branch to avoid common filing errors: Probate Forms.
• When in doubt, contact a Colorado probate attorney. The Colorado Bar Association can help you find counsel: Find a Lawyer — CBA.
• Don’t delay filing if you must preserve a claim. Some statutes of limitations and administrative deadlines can run while probate is pending, so promptly seek appointment and legal advice.
• If the estate seems simple (no real estate, few or no debts, small personal property), ask the court clerk about expedited or small-estate procedures to save time and cost.