Other
Probate with No Will
When you are dividing assets for someone without a will, you have 2 options to file:
File Informally
Apply to the Registrar
- The Registrar may appoint a Nominee as Personal Representative without prior notice to any Interested Persons if the Nominee has priority for appointment.
- The Applicant must provide the Registrar with proof of who legally should be appointed the Personal Representative. Such as:
- See statute §15-12-203, C.R.S.
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 were they owned property.
When do I File?
- It must be at least 120 hours since their death.
Who May File?
- Must be at least 21-years old.
- A creditor must wait for at least 45-days since the date of death to file an Application or Petition for Personal Representative.
What do I File?
- JDF 916 - Application
- 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
- JDF 917 - Order
- JDF 915 - Letters of Administration
- JDF 907 - Full Instructions
How Much Does it Cost?
- $199 - Filing Fee
- $20 - Certification of Orders & Letters
What Happens After I File?
- The Registrar will:
- Sign the Order and issue Letters of Administration.
- Appoint a Personal Representative.
What Do I Do as a Personal Representative?
- Administer the Estate:
- Collect Assets
- Value Assets
- Pay Claims
- Distribute Remaining Assets
- Complete Additional Forms:
- JDF 940 - Information of Appointment
- Must be sent to all heirs within 30 days of appointment.
- Must be filed with the Court.
- JDF 943 - Notice to Creditors by Publication
- Give form to a local newspaper for publication.
- Must be published once per week for three weeks.
- The newspaper will provide you a proof of publication.
- File the proof of publication with the Court.
- JDF 944 - Notice to Creditors by Mail/Delivery
- Send one to each known creditor.
- File with the Court.
- JDF 941 - Decedent's Estate Inventory
- Must be completed within 3-months of appointment.
- Send the form to Interested Persons.
- Send a copy to the Attorney General if:
- Heirs are unknown.
- Or, no one is qualified to receive the distribution.
- Do not file a copy with the court.
- Keep a copy for your records.
- JDF 942 - Interim/Final Accounting
- Send the completed form to Interested Persons who request it.
- Do not file a copy with the court.
- JDF 940 - Information of Appointment
How to Close the Estate
- Personal Representative may file to close the estate 6-months after appointment or 1-year from date of death of decedent (whichever occurs first).
- The estate must be fully administered (see above).
- File JDF 965 - Statement of Closing Administration
- Estate is closed one year after filing the Statement.
Note:
You must file a Probate case when there is EITHER:
- Real Estate/Property that is not titled in Joint Tenancy with the Right of Survivorship or titled with a Beneficiary Deed
AND/OR
- Non-real, personal property valued over $63,000
File Formally
Apply to the Court
- By Petition to the Court (Formal Proceeding). The Probate Judge, Magistrate, or Registrar may appoint a Personal Representative and determine Heirs after notice to all Interested Persons and after a hearing on any objections.
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 were they owned property.
When do I File?
- It must be at least 120 hours since their death.
Who May File?
- Must be at least 21-years old.
- A creditor must wait for at least 45-days since the date of death to file an Application or Petition for Personal Representative.
What do I File?
- JDF 922 - 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
- JDF 711 - Notice of Hearing
- JDF 923 - Order
- JDF 915 - Letters of Administration
- JDF 907 - Full Instructions
How Much Does it Cost?
- $199 - Filing Fee
- $20 - Certification of Orders & Letters
What Happens After I File?
- The Court will:
- Sign the Order and Letters of Administration.
- Appoint a Personal Representative.
What Do I Do as a Personal Representative?
- Administer the Estate:
- Collect Assets
- Value Assets
- Pay Claims
- Distribute Remaining Assets
- Complete Additional Forms:
- JDF 940 - Information of Appointment
- Must be sent to all heirs within 30 days of appointment.
- Must be filed with the Court.
- JDF 943 - Notice to Creditors by Publication
- Give form to a local newspaper for publication.
- Must be published once per week for three weeks.
- The newspaper will provide you a proof of publication.
- File the proof of publication with the Court.
- JDF 944 - Notice to Creditors by Mail/Delivery
- Send one to each known creditor.
- File with the Court.
- JDF 941 - Decedent's Estate Inventory
- Must be completed within 3-months of appointment.
- Send the form to Interested Persons.
- Send a copy to the Attorney General if:
- Heirs are unknown.
- Or, no one is qualified to receive the distribution.
- Must be filed with the court.
- Keep a copy for your records.
- JDF 942 - Interim/Final Accounting
- Send the completed form to Interested Persons who request it.
- Do not file a copy with the court.
- JDF 940 - Information of Appointment
How to Close the Estate
- The estate must be fully administered (see above).
- The Personal Representative or any interested person may petition for an order of complete settlement of the estate.
- The Personal Representative may file at any time.
- Other interested persons may petition after 1-year from the appointment of the original Personal Representative.
- No Petition may be filed until the time for presenting claims has expired.
- If less than 1-year from date of death, the newspaper's proof of publication of Notice to Creditors must be filed with the Court.
- File the forms below with the Court:
- There may or may not be a hearing.
- If there is a hearing:
- The Personal Representative and/or Petitioner must appear and should be prepared to present evidence as to why the estate should be closed.
- Obtain a signed copy of the Decree of Final Discharge from the Court (JDF 730).
- Contact the Clerk's Office for a certified copy.
- Estate is closed once the Decree is issued.
- File JDF 731 - Receipt and Release
- From each person identified in the Schedule of Distribution
- See JDF 960 - Petition for Final Settlement, Pg. 1.
- Or, file proof of distribution for each person.
- Example - canceled check.
- From each person identified in the Schedule of Distribution
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