How to review and fix missing or incorrect probate filings in Colorado

Short answer: Locate the probate case record at the county court, review the docket and filings, request missing documents or an accounting from the personal representative, and—if informal resolution fails—file a motion or petition in the probate case asking the court to compel production, correct clerical errors, or reopen/proceed with remedial relief. Colorado’s probate statutes and court rules govern timing, required steps, and the available remedies.

Detailed answer — step-by-step under Colorado law

1) Confirm where the probate case was opened and get the case file

Probate cases are handled by the county court (or probate court, if applicable) where the decedent lived. Start by identifying the county and the case number. If you don’t have the number, contact the clerk at the county court where your father lived and ask them to search by decedent name.

Once you have the case, ask the clerk for the court file, case docket, and copies of any recorded documents (petitions, orders, inventories, accountings, letters testamentary/administration). Many Colorado courts provide online access or will give printed/certified copies for a fee.

Useful official resources: Colorado Revised Statutes, Title 15 (probate) — leg.colorado.gov/content/title-15-probate. Colorado judicial forms and probate filing information — courts.state.co.us (Probate Forms). General probate self-help — courts.state.co.us (Probate Self-Help).

2) Identify what is missing or incorrect

Compare the court file to what you expect to see. Common missing or incorrect items include:

Failure to file an inventory of estate assets.
Missing or incomplete accountings showing receipts and distributions.
Incorrect beneficiaries, wrong mailing addresses, or misfiled notices.
Clerical errors in petitions, orders, or entries on the docket.

Take detailed notes. Photocopy or download relevant pages and flag the precise filings or entries that appear wrong or absent.

3) Ask the personal representative (executor/administrator) and their attorney to correct the record

Start informally. Contact the personal representative in writing, identify the missing/incorrect items, and ask them to provide the requested documents or to file corrective pleadings. Courts often allow parties to resolve clerical mistakes or to supply omitted accountings without court intervention.

4) If the representative won’t cooperate, request the court’s help

If informal requests fail, you may need to file a written request or motion in the probate case. Typical requests include:

Motion or request for production of the estate accounting or inventory.
Motion to compel the personal representative to file required reports or to provide information to interested persons.
Motion to correct clerical errors (a narrow remedy when papers contain scrivener’s mistakes).
Petition to reopen the estate or to remove and replace the personal representative if they breached duties or acted improperly.

Colorado court clerks or the probate self-help pages can identify the proper form or local procedure for filing these motions. If you file a motion, the court will schedule a hearing and give notice to the personal representative and other interested persons.

5) Specific remedies and what to expect

Compel an accounting: Courts can order a personal representative to file an accounting showing assets, debts, expenses, and proposed distributions. This lets interested persons verify estate administration.
Correct clerical errors: If a document contains a clear mistake (typo, wrong date, wrong name spelled), the court can usually enter an order correcting the record.
Reopen the estate: If property or creditors surface after closing, or if required steps were missed, the court may reopen the estate to permit necessary filings and distributions.
Removal or surcharge: For serious misconduct, the court can remove a personal representative or surcharge (financially charge) them for losses caused by misconduct or negligence.

Which remedy applies depends on the facts and the seriousness of the omission or error. The court weighs the interests of heirs, creditors, and the public in ensuring correct asset distribution.

6) Timing and deadlines

Deadlines and statutory requirements appear throughout Colorado’s probate law (Title 15). Some remedies have time limits; others require prompt action to protect rights (for example, contesting distributions or requesting an accounting). Because timing matters, act as soon as you discover a problem.

Reference: Colorado Revised Statutes, Title 15 — leg.colorado.gov/content/title-15-probate.

7) Evidence you should gather

Copies of the will, petitions, inventories, accountings, and orders from the court file.
Bank statements, title documents, and account numbers that show assets or transfers.
Correspondence with the personal representative or their counsel.
A timeline showing when filings were due, when they were filed, and what is missing.

8) When to consult an attorney

If the personal representative refuses to cooperate, if significant assets are missing, if you suspect fraud, or if complex legal issues arise (tax concerns, creditor disputes, or interstate issues), consult a probate or estate litigation attorney. An attorney can draft motions, represent you at hearings, and advise on remedies under Colorado law.

Practical example (hypothetical)

Suppose you learn that your father’s filed estate inventory omits a bank account you know existed. First, get the court file and confirm the omission. Then send a written request to the personal representative asking for an explanation and copies of bank records. If you receive no response, file a motion asking the court to compel the representative to produce bank statements and to amend the inventory. If the court finds the omission was intentional, it could order surcharge or removal.

Disclaimer

This article explains general Colorado probate procedures and is for educational purposes only. It is not legal advice. For advice about your situation, consult a licensed Colorado attorney.

Helpful Hints

Start with the county court clerk — they can give you the case number, docket sheet, and copies of filed documents.
Keep communications in writing (email or certified mail) so there’s a record of your requests.
Be specific in your requests: cite the exact filing or entry you believe is missing or incorrect and attach evidence if you have it.
Use official forms when possible; many Colorado courts publish probate forms online: courts.state.co.us (Probate Forms).
If you can’t afford a lawyer, check for free or low-cost legal help through local legal aid programs or the Colorado Bar Association’s lawyer referral resources.
Act promptly — delays can limit what the court will do to fix errors or omissions.
Document everything and create a clear timeline of events; courts rely on records and evidence when deciding probate disputes.