Formal Probate
Step 1: Start the Case
Here is how to start the formal process of dividing someone's assets after their death when they had a will.
1. Apply to the Court
Start the case by filing a Petition to the Court for formal proceedings.
The Probate Judge, Magistrate, or Registrar may appoint a Personal Representative and determine Heirs after notice to all Interested Persons and after hearing on any objections.
2. Where do I File?
File in the county where the decedent lived. (Resided or was domiciled).
If the decedent lived in another state, file in the Colorado County where they owned property.
3. When do I File?
It must be at least 120 hours (5 days) since their death.
4. What do I File?
The Original Will
- JDF 920 - Petition
- All heirs living on decedents date of death must be listed.
- Learn More: Determining Heirs.
- JDF 911 - Acceptance
- JDF 912 - Personal Representative Renunciation
- JDF 721 - Irrevocable Power of Attorney
- Use only if you live outside of Colorado.
- JDF 711 - Notice of Hearing
- JDF 921 - Order
- Only fill out the case caption of this form.
- JDF 915 - Letters Testamentary
5. How Much Does it Cost?
- $199 - Filing Fee
- $20 - Certification of Orders & Letters
6. What Happens Next?
The Court will:
- Hold a hearing to address any objections.
- Sign the Order and Letters Testamentary.
- Appoint a Personal Representative.