Detailed Answer
Short overview: In Colorado, a personal representative (often called an executor) owes fiduciary duties to the estate and the beneficiaries. If the personal representative is refusing or delaying distribution of a cash bequest, you have several legal options: request information and an accounting, use small-estate procedures if eligible, file formal requests in probate court to compel action or remove the personal representative, or sue for breach of fiduciary duty or conversion. Below are step-by-step actions you can take and the legal paths commonly used in Colorado.
1) Confirm your legal position
First, confirm that the will actually leaves you a cash bequest and whether the bequest is unconditional. Obtain a certified copy of the will and the death certificate. If the estate has been opened in probate court, get a copy of the probate case file (docket) to confirm the personal representative’s appointment. Colorado probate rules and the responsibilities of personal representatives are set out in Title 15 of the Colorado Revised Statutes; see Title 15 (Probate, Trusts, and Fiduciaries) for the governing law: Colorado Revised Statutes, Title 15 (Probate).
2) Make a written demand and keep records
Send a clear, polite written demand to the personal representative and the estate attorney (if there is one). State that you are a named beneficiary, quote the bequest, request a copy of the estate inventory/accounting, request payment or an estimated timeline for distribution, and provide a reasonable deadline (for example, 10–14 days). Keep copies of everything: the will, death certificate, all letters and emails, and any responses. These records are critical if you later file a court petition.
3) Check whether small-estate procedures apply
Colorado provides simplified procedures for smaller estates that may allow beneficiaries to collect certain assets without waiting for full administration. If the estate qualifies, you may use small-estate or expedited collection processes explained on the Colorado courts’ probate information pages: Colorado Judicial Branch — Probate and Estate Information. If eligible, these procedures can be faster and cheaper than a contested probate court action.
4) Ask the court to compel an accounting or payment
If the personal representative ignores your written requests, you can ask the probate court to compel them to provide an inventory, accounting, or to distribute assets. Typical court remedies include motions to compel production of the inventory/accounting and orders requiring the personal representative to explain delays. The probate court can enforce its orders, and a failure to comply can expose the personal representative to sanctions.
5) Seek removal or surcharge for breach of fiduciary duty
If the personal representative is mismanaging estate assets, intentionally withholding distributions, wasting estate funds, or otherwise breaching fiduciary duties, you can petition the court to remove them and/or to surcharge (financially charge) the personal representative for losses. Removal and surcharge petitions are serious remedies that require proof of misconduct, neglect, or inability to administer the estate properly. Guidance on fiduciary duties and remedies appears in the Colorado probate statutes in Title 15: Title 15 — Colorado Revised Statutes (Probate).
6) Consider a civil action against the personal representative
In some cases, especially where an executor has taken estate property for personal use or committed clear wrongful acts, beneficiaries may bring a civil suit for conversion or breach of fiduciary duty against the personal representative personally. Remedies can include recovery of the misappropriated funds, interest, and attorney fees depending on the facts and legal theory.
7) Work with an attorney experienced in Colorado probate
Probate and contested estate matters can become legally complex. An attorney can evaluate the strength of your claim, draft demands and court filings, represent you in hearings, and advise whether small-estate procedures or a full probate petition is best. If cost is a concern, ask about limited-scope representation or fee-shifting possibilities (in some situations the estate may be ordered to pay attorney fees).
What to expect: timing and costs
Timelines vary. Informal cooperation with the personal representative can take weeks. Formal court actions (petitions to compel, remove, or surcharge) can take months and may incur filing fees, service costs, and attorney fees. If you prevail in a contested petition, the court may order the estate or the personal representative to pay certain fees and costs, but recovery is not guaranteed.
Important resources: Colorado statutes governing probate are collected in Title 15 of the Colorado Revised Statutes: https://leg.colorado.gov/sites/default/files/images/olls/crs2019-title-15.pdf. Practical probate guidance and forms are available from the Colorado Judicial Branch: https://www.courts.state.co.us/Self_Help/Probate.cfm.
Helpful Hints
- Gather proof before you act: copy of the will, death certificate, probate docket number, written communications with the executor, and any bank statements or notices you’ve received.
- Always start with a written demand and keep careful records of dates and delivery (use certified mail or email read receipts if possible).
- Ask whether the estate is bondable: a personal representative’s bond can provide a source of recovery if funds are misapplied.
- Explore small-estate or expedited collection procedures on the Colorado courts website before initiating formal litigation; they can save time and money if you qualify.
- Be realistic about costs: weigh the likely value of the bequest against probable attorney fees and court costs when deciding whether to litigate.
- If you believe there is fraud or theft, preserve evidence and consider contacting law enforcement — criminal and civil remedies may both apply.
- Consider alternative dispute resolution such as mediation if the personal representative is willing; it can often produce faster results with lower costs.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. I am not a lawyer. Laws change and facts matter. For advice about your specific situation, consult a licensed Colorado attorney.