Key Documents and Certificates to Begin Estate Administration in Colorado
Disclaimer: This article provides general information about Colorado estate administration. It is not legal advice.
Detailed Answer
To open probate and manage an estate in Colorado, the personal representative must gather essential documents and certificates. These items help the court verify the decedent’s death, identify assets and liabilities, and confirm heirs or beneficiaries. Below is an overview of the primary materials you’ll need:
1. Certified Death Certificates
Request multiple certified copies of the decedent’s death certificate from the Colorado Department of Public Health & Environment. You typically need at least one copy for the probate court and additional copies for banks, insurance companies, and government agencies.
2. Original Last Will and Testament (if one exists)
Locate the decedent’s original will. Under C.R.S. §15-12-801, you must file the original will with the probate court when you file your petition for probate (C.R.S. §15-12-801).
3. Probate Petition and Certificate of Service
Complete the probate petition and the certificate of service form required by Colorado Probate Rule 113. The certificate of service confirms that you have notified all interested parties of the probate proceedings.
4. Inventory of Assets and Liabilities
Prepare a detailed list of the decedent’s assets (bank accounts, real estate, stocks, retirement plans, life insurance policies) and liabilities (credit cards, mortgages, loans). Colorado law requires this inventory when you submit your initial account to the court (C.R.S. §15-12-801(3)).
5. Heirship or Beneficiary Information
Compile contact information for all beneficiaries named in the will or heirs under intestate succession. If no valid will exists, Colorado law distributes assets under the rules in C.R.S. §15-11-101 et seq. (C.R.S. §15-11-101).
6. Trust Documents (if applicable)
If the decedent established a revocable or irrevocable trust, locate the trust instrument and any amendments. Under Colorado’s simplified small estate procedures, certain trusts can bypass probate (C.R.S. §15-10-401).
7. Tax and Financial Records
Gather the decedent’s recent federal and state income tax returns, property tax records, and documentation of any outstanding tax liabilities. These records are crucial for filing final tax returns and for the court’s approval of the final accounting.
Helpful Hints
- Order at least 10 certified death certificates up front to avoid delays.
- Download Colorado probate forms and instructions from the Judicial Branch website: courts.state.co.us.
- Keep originals in a secure file and work with certified copies whenever possible.
- Maintain a dated log of every document you collect and file.
- Refer to the Colorado Revised Statutes online at leg.colorado.gov for detailed legal requirements.