Detailed Answer
When a decedent dies without any existing probate case in Colorado, a surviving family member or interested person must open a new estate proceeding to appoint someone to administer the estate. You start by determining whether formal probate is required or if you qualify for a simplified (small estate) administration.
1. Determine Whether You Need Formal Probate
Check if the decedent owned real property in their name alone, or if total estate value exceeds the small-estate threshold (currently $70,000). Estates under that amount may qualify for summary administration under Colorado’s small estate affidavit process (C.R.S. 15-12-1201: 15-12-1201).
2. Prepare and File a Probate Petition
For formal or informal administration, file a petition in the district court of the county where the decedent resided. The petition must:
- Name the decedent and state their last residence.
- List all heirs, beneficiaries, and creditors.
- Nominate a personal representative (PR) or administrator.
- State the estimated value and type of assets.
This petition process is governed by C.R.S. 15-12-301 (15-12-301).
3. Provide Notice and Publish
After filing, the court issues Letters Testamentary or Letters of Administration. The PR must:
- Mail notice to all heirs and beneficiaries.
- Publish a notice to creditors in a local newspaper.
- Mail statutory notice to known creditors.
4. Qualify as Personal Representative
The nominated PR takes an oath, files a bond (if required), and receives official Letters from the court. These Letters grant authority to collect assets, pay debts, and distribute property.
5. Administer the Estate
The PR must:
- Identify, collect, and secure assets.
- File an inventory and schedule of assets with the court.
- Pay valid debts and taxes.
- Prepare final accounting.
- Distribute assets according to the will or Colorado’s intestacy rules (C.R.S. 15-11-101 et seq.).
6. Close the Estate
After completing administration, file a closing statement. The court reviews and, if satisfied, issues an order discharging the PR and closing the case.
Disclaimer: This article is for educational purposes only. It does not constitute legal advice. You should consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Check estate value carefully to see if you qualify for a small estate affidavit (C.R.S. 15-12-1201).
- Gather death certificate copies early; courts usually require certified copies.
- Keep detailed records of notices and publications for court proof.
- Consider informal administration for lower court supervision and faster distribution.
- Consult Colorado’s Probate Code (Title 15 of the Colorado Revised Statutes) for deadlines and format requirements.