On December 23, 2015

How to Open Colorado Probate with a Will

How to Open Colorado Probate with a Will

Following the passing of a loved one, informal or formal probate may be required to validate a will and pass the estate of a decedent onto his heirs. While informal probate may be an option when estates have minimal assets, for larger estates – or for situations when a will is being contested, formal probate may be necessary.

Before Getting Started: Important Information about Colorado Probate

Before filing paperwork to kickoff probate in Colorado, here are some important facts that personal representatives and heirs should know:

  • Probate must be opened in the same county in which the decedent lived if (s)he resided in Colorado. If (s)he resided in another state, probate can be filed in the same county in which the decedent owned property.
  • At least 120 hours have to have passed since a death before the court will act on a petition to open probate.
  • The personal representative overseeing the probate case has to be at least 21 years old.

Main Steps to Initiating Formal Probate in Colorado

In general, opening up probate in Colorado requires:

  1. Filling out the proper forms and making copies for your records – For formal probate in Colorado, the proper forms generally include some combination of the following:
    • JDF 920 – Petition for Formal Probate of Will and Formal Appointment of Personal Representative
    • JDF 911 – Acceptance of Appointment
    • DF 912 – Renunciation and/or Nomination of Personal Representative
    • JDF 721 – Irrevocable Power of Attorney
    • JDF 711 – Notice of Hearing
    • JDF 921 – Order Admitting Will to Formal Probate and Formal Appointment of Personal Representative
    • JDF 915 – Letters Testamentary
  2. Submit the forms to the court and pay the filing fees – Upon submitting the forms to the court, the original will and the filing fee (of $164) also have to be provided to the court.
  3. Await the appointment of the personal representative – Once someone has been appointed to this position, formal probate in Colorado can usually proceed with sending a notification to the heirs and other interested parties that the process has kicked off.

Contact a Denver Probate Attorney at JR Phillips & Associates, PC

For experienced representation in Colorado probate, you can turn to a Denver probate attorney at JR Phillips & Associates, PC. Our skilled legal team is known for providing a thoughtful, comprehensive approach to our clients’ estate planning, elder law and other legal needs, and we take pride in helping each of our clients and their families find the best solutions for them.

Let’s discuss your options during an initial consultation. To schedule this meeting, call us at (303) 741-2400 or email us using the contact form at the top of this page.

From our offices in Denver, we serve clients throughout the southwest and southeast Metro Area, including (but not limited to) people in Highlands Ranch, Littleton, Castle Rock, Parker, Aurora, Greenwood Village and Englewood.

Categories: Probate, Trustees, Executors & Fiduciaries