Disclaimer: This is general information and not legal advice. I am not a lawyer. For guidance about your situation, consult a licensed Colorado attorney or your local probate court.
Detailed Answer — Documents required to apply for probate appointment and oath in Colorado
When a person dies in Colorado and an estate needs administration, someone (usually a nominated personal representative in a will or an interested person such as a surviving spouse or adult child) must file for appointment with the county probate court where the decedent lived. For an informal probate appointment and oath (the common and faster route when there are no contested issues), Colorado courts require a set of core documents. Below is a clear checklist and explanation of each item you will typically prepare and file.
Where to look for rules and forms
Colorado’s probate rules and the estate statutes are in Colorado Revised Statutes, Title 15. See the Colorado Revised Statutes index for Title 15: https://leg.colorado.gov/colorado-revised-statutes. Use the Colorado Judicial Branch probate forms and instructions page to find the exact local forms and filing instructions: https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=23.
Typical required documents (informal probate application)
- Application for Informal Probate Appointment and Oath (signed by the applicant)
— This is the court form that asks the court to appoint you as personal representative (executor/administrator) and records your oath to faithfully perform the duties. Use the official Colorado probate application form for your county (available from the Colorado Judicial Branch forms page above).
- Original Will (if one exists)
— If the decedent left a will, file the original will with the application. The court needs the original to examine validity. If you cannot find the original, you will need to explain the circumstances and the court may require an affidavit about the lost will.
- Death certificate (certified copy)
— A certified copy of the decedent’s death certificate is normally required. Counties typically will not accept just a photocopy. Obtain the certified copy from the Colorado Department of Public Health or the local vital records office.
- List of heirs and beneficiaries / Family information
— Provide a page listing the decedent’s surviving spouse, children, parents, and other heirs. If there is a will, list the named beneficiaries and their addresses. The court uses this to serve notices and verify who must be notified.
- Acceptance of Appointment and Oath (or Acceptance of Trust)
— Many courts require a signed statement from the proposed personal representative accepting appointment and taking the oath. The application form often contains the oath; if not, use the separate acceptance/oath form from the court’s forms list.
- Bond or Waiver of Bond
— Colorado law may require a surety bond for the personal representative unless the will waives bond or all interested persons consent to waiver. If a bond is required, include either a surety company bond form or a written waiver signed by all persons entitled to request bond. If the will waives bond explicitly, attach the will provision.
- Filing fee
— Courts charge a filing fee. Fee amounts vary by county and sometimes by estate value. Check your county court clerk’s fee schedule and include payment or be prepared to pay at filing.
- Affidavit of Heirs or Affidavit Regarding Small Estate (if applicable)
— Some estates qualify for simplified or small estate procedures. If you intend to use a small-estate affidavit or an affidavit of heirs, include the required affidavit form and supporting documentation.
- Inventory and Appraisal (later)
— Although not required at the initial appointment in some informal proceedings, the personal representative must later file an inventory and appraisal of estate assets per Colorado rules and statutes. Prepare to collect documentation for that step.
- Proof of Notice (after filing)
— After the court accepts the application, the applicant must serve or mail notices to heirs, beneficiaries, and known creditors and then file proof of that notice. The forms and timing are governed by Colorado probate procedure.
Special circumstances that change what you file
- If the original will is missing: file an affidavit explaining the search and circumstances and be prepared for possible additional proof or a hearing.
- If someone objects or there is a dispute over the will or appointment: the case may move from informal to formal probate and require petitions, formal notices, and an evidentiary hearing.
- If the proposed personal representative lives out of state: the court may require a resident agent or additional bond/security.
Where to file and follow-up steps
File in the county court in the county where the decedent was domiciled (lived) at the time of death. Each county clerk and probate division posts local procedures and may have county-specific forms. Use the Colorado courts forms page above and the county court locator to find filing addresses and local rules: https://www.courts.state.co.us/Courts/County/FindCourt.cfm.
Helpful Hints — Practical tips for a smoother probate appointment
- Use the Colorado Judicial Branch probate forms page to download current official forms — counties expect the exact forms.
- Bring the original will and several certified copies of the death certificate when you file.
- Confirm the filing fee with the specific county clerk before you go; many counties accept checks or credit cards.
- If the will waives bond, attach the will page that contains the waiver. If beneficiaries must sign a waiver of bond, get them to sign before filing.
- Prepare accurate contact information for all heirs and beneficiaries—mistakes delay service and appointment.
- If you think the estate might be contested, consider consulting a Colorado probate attorney before filing to understand formal vs. informal procedures.
- Keep copies of every document you file and any notices you mail or serve; the court will want proof of service.
- After appointment, the personal representative should open an estate bank account separate from their personal funds for estate receipts and payments.
For statutory guidance, review Colorado’s estate statutes in Title 15 of the Colorado Revised Statutes and the probate rules and forms on the Colorado Judicial Branch site: Colorado Revised Statutes and Colorado Judicial Branch – Probate Forms. If you are unsure which documents apply to your circumstances, consult a licensed Colorado attorney or the county probate clerk.