Notifying Heirs When Opening Probate in Colorado

Short answer: When you open probate in Colorado you must notify all “interested persons” (heirs, devisees, beneficiaries, named personal representatives) of the probate filing or appointment. Notice is usually given by mail or personal service when you know a person’s address; if you cannot locate an heir, the court may require notice by publication or other methods. Always file proof of service with the court. This article explains what to send, how to send it, and practical steps to make sure you have properly notified heirs under Colorado law.

Disclaimer

This is general information only and is not legal advice. It does not create an attorney–client relationship. For guidance specific to your situation, consult a Colorado probate attorney or the probate court where the estate will be opened.

Detailed Answer

1. Who needs notice?

Colorado law requires that all interested persons be given notice of probate filings and appointments. “Interested persons” generally include:

• The decedent’s heirs (people who would inherit under intestacy).
• Devisees and beneficiaries named in the decedent’s will.
• A person nominated as personal representative (executor) in the will.
• Other persons who have a present or potential interest in the estate (creditors in creditor-notice contexts, guardians of minors, etc.).

Identifying interested persons correctly is the first critical step. If a will names beneficiaries, use those names and addresses. If no will exists, identify heirs by relationship and the decedent’s last known domicile.

2. Which notices are commonly required when opening probate?

When you file a petition for probate or for appointment as personal representative you will typically provide:

1. Notice of the filing or petition to all interested persons—this informs heirs and beneficiaries of the petition and of any hearing dates.
2. Notice of appointment after the court issues letters (if someone requests formal documentation).
3. Proof of service filed with the court showing who received notice and how it was delivered.

Note: Separate rules govern notice to creditors (publication and mailed notice to known creditors). This article focuses on notifying heirs and other interested persons about the probate case opening and appointment.

3. How to serve notice to heirs: methods that courts accept

Court-accepted methods include:

• Personal service: A sheriff or process server personally delivers the notice. Use this when you must ensure actual receipt or when required by the court.
• Mail (first-class or certified): Often notice by regular first-class mail or certified mail with return receipt is acceptable for heirs and beneficiaries whose addresses you know. Keep copies of receipts and postal documentation.
• Publication: If an heir’s identity or address is unknown after reasonable efforts, the court may allow (or require) notice by publication in a newspaper of general circulation in the county where the decedent lived.
• Other court-ordered methods: The judge can order alternative notice (for example, posting or service by publication in additional counties) if appropriate.

4. Timing — when to send notice

Send the initial notice when you file the petition to open probate or within the time set by the court. If a hearing is scheduled, send notice with the date, time, and place of the hearing. Many courts expect mailed notice to go out immediately upon filing and require the petitioner to file proof of mailing or service before the hearing or appointment is finalized.

5. What must be filed with the court?

After sending notice you must file proof of service (an affidavit or certificate) listing:

• Names and addresses of recipients;
• Date and method of service (personal, mailed, published); and
• Attachments such as signed return receipts, process server proofs, or the publication affidavit from the newspaper.

File these documents promptly so the court can proceed with the appointment or hearing.

6. What if you can’t find an heir or an heir’s address?

If you do not know an heir’s location after reasonable search efforts, notify the court and request permission for substituted service (publication or other means). Document the efforts you took to locate the person (internet searches, mail forwarding, contacting relatives, checking social media, checking DMV or voter registration where available). Courts generally require a showing of reasonable diligence before allowing publication-only notice.

7. Consequences of failing to notify properly

Improper or incomplete notice can delay probate and may expose the personal representative to challenges. An heir who was not properly notified might later challenge distributions or appointments. Proper documentation of notice protects the estate and the representative.

8. Colorado statutes and resources

Colorado’s probate rules and notice requirements are found in Title 15 (Estates, Trusts, and Fiduciaries) of the Colorado Revised Statutes and the local county probate court procedures. For general statutory guidance see Colorado Revised Statutes, Title 15: Estates, Trusts, and Fiduciaries: https://leg.colorado.gov/content/estates-trusts-and-fiduciaries.

For practical court forms and county procedures, consult the Colorado Judicial Branch probate information and local county court clerk: https://www.courts.state.co.us/. If you plan to publish notice, the court clerk can tell you which local newspapers qualify for publication in your county.

Helpful Hints

• Make a comprehensive list of likely heirs before filing. Include full legal names, last known addresses, phone numbers, email addresses, and relationship to the decedent.
• Use certified mail with return receipt (or a reliable process server) for key notices and keep the receipts as proof.
• If you must use publication, ask the court clerk which newspaper and format satisfy local rules and get an affidavit of publication from the paper to file with the court.
• File proof of service as soon as possible after mailing/serving. Courts will often not proceed without that proof.
• Document your search efforts (calls, emails, online searches, contact with relatives). Judges expect evidence of reasonable diligence before allowing substituted service by publication.
• If an heir is a minor or legally incapacitated, the court may require appointment of a guardian ad litem—notify the guardian or conservator as applicable.
• Check local county probate court rules — counties may have specific forms or slightly different processes for notice and proof of service.
• When in doubt, consult a probate attorney. Proper notice protects you and the estate and can prevent later litigation.

Next steps

1. Identify all interested persons and gather addresses.
2. Prepare the notice required by the court (petition notice and any hearing notice).
3. Send notices by the appropriate method (personal service, mail, or publication) and collect proof.
4. File the proof of service with the probate court promptly.
5. If you cannot locate someone, document your search and ask the court for permission to use substituted service.

If you want, I can help you draft a checklist of names and the sample notice language commonly used in Colorado probate filings. If you need legal advice about a specific estate, consider contacting a Colorado probate attorney.