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November 15, 2025 Posted In Probate, Estate, & Trust Administration
by Colorado Estate Matters
Understanding your personal representative duties in Colorado becomes essential the moment a court appoints you to manage a loved one’s estate. Many Lakewood residents find themselves suddenly responsible for complex legal obligations they never anticipated handling.
The role carries significant responsibility, but breaking it into manageable steps makes the process less overwhelming. Knowing what Colorado law requires helps you fulfill your duties while protecting yourself from personal liability.
Your authority to act begins only after the court officially appoints you. Until then, you have no legal power to access accounts, sell property, or make decisions for the estate.
The Jefferson County District Court, Probate Division issues letters testamentary when a valid will exists. If the deceased died without a will, the court issues letters of administration instead.
These letters prove your authority to banks, title companies, and other institutions. Request multiple certified copies because most organizations require their own original for their files.
A fiduciary duty means you must prioritize the estate’s interests above your own. Colorado law requires you to act with the care a prudent person would use managing their own affairs.
This obligation affects every decision you make. Mixing personal funds with estate funds, making risky investments, or favoring certain beneficiaries over others may all constitute breaches of your fiduciary duty.
Personal representatives handle numerous tasks throughout the probate process. The following duties form the foundation of your role and require careful attention throughout administration.
Your first practical task involves identifying everything the deceased owned. This includes real estate, vehicles, bank accounts, investments, retirement accounts, and personal property.
Securing assets protects the estate from loss or theft during administration. Change locks if necessary, redirect mail, and notify financial institutions about the death promptly.
You must maintain estate assets responsibly during probate. The following actions typically fall within your management duties:
Proper management prevents asset deterioration and protects beneficiaries’ eventual inheritance.
Colorado law establishes a priority order for paying estate obligations. Funeral expenses, administration costs, and taxes take precedence over general creditor claims.
You must publish notice to creditors in a newspaper serving Jefferson County. Creditors generally have four months from the first publication of notice to file claims against the estate under C.R.S. § 15-12-801. Paying claims before this period expires may create personal liability if insufficient funds remain for higher-priority debts.
The Jefferson County District Court in Golden handles probate matters for Lakewood families. Understanding court expectations helps you stay compliant throughout administration.
Most Jefferson County estates proceed through informal probate, which involves less court oversight. A registrar reviews your application without a hearing, and you handle administration largely independently.
Formal probate requires court hearings and judicial supervision. Contested estates, unclear will provisions, or disputes among beneficiaries may necessitate formal proceedings.
Personal representatives must file certain documents with the court during administration. Missing deadlines or omitting required filings may delay the process or create problems with your administration.
Keep copies of everything you file and maintain organized records of all estate transactions.
Beneficiaries have rights to information about estate administration. Keeping them reasonably informed prevents misunderstandings and reduces the likelihood of disputes.
Colorado law requires you to provide beneficiaries with certain information upon request. This includes copies of the will, inventories of estate assets, and accountings of your administration.
Proactive communication often works better than waiting for requests. Regular updates about progress, anticipated timelines, and any significant decisions build trust with beneficiaries.
Family dynamics sometimes create tension during estate administration. Beneficiaries may disagree with your decisions or question your management of assets.
Document your reasoning for significant decisions. When conflicts arise, clear records demonstrate that you acted thoughtfully and in the estate’s best interests.
Personal representatives who breach their duties may face personal financial responsibility for resulting losses. Understanding common pitfalls helps you avoid mistakes that create liability.
Certain errors frequently lead to problems for personal representatives. The following actions may expose you to personal liability:
Careful attention to your fiduciary duties provides the best protection against liability claims.
Complex estates often benefit from professional guidance. Estates involving business interests, real estate in multiple states, tax complications, or family disputes may require attorney assistance.
An attorney with investigative experience proves particularly valuable when assets are difficult to locate or when you suspect previous financial irregularities.
The final phase of administration involves distributing remaining assets to beneficiaries and formally closing the probate case with the court.
You must prepare a final accounting showing all assets collected, debts paid, and distributions made. Beneficiaries receive this accounting and may object if they believe errors occurred.
Detailed records kept throughout administration make final accounting straightforward. Poor recordkeeping creates difficulties at this stage.
After the creditor period expires and all obligations are satisfied, you distribute the remaining assets according to the will or Colorado intestate law. Obtain receipts from beneficiaries acknowledging what they received.
Filing a closing statement with the Jefferson County District Court formally ends your responsibilities as personal representative.
Colorado law permits reasonable compensation for personal representatives. The amount must be reasonable given the estate’s size and complexity. Document your time and activities if you intend to claim compensation.
Out-of-state residents may serve as personal representatives in Colorado. However, you must still comply with all Colorado requirements, and while many tasks may be handled remotely, the court may require in-person or virtual participation for certain proceedings.
Colorado does not require personal representatives to have attorney representation. However, complex estates or those involving disputes may benefit from legal guidance to avoid costly mistakes.
Creditors who fail to file claims within four months of notice publication are generally barred from collecting from the estate under C.R.S. § 15-12-803, subject to limited statutory exceptions (for example, where proper notice was not given).
You may petition the court to resign if you cannot continue serving. The court must approve your resignation and appoint a successor before you are released from your duties.
Serving as a personal representative means honoring someone’s final wishes while navigating unfamiliar legal requirements. Colorado Estate Matters, Ltd. helps Jefferson County families understand their obligations and avoid common pitfalls.
Contact Colorado Estate Matters at (303) 713-9147 for a free consultation. A conversation about your specific situation may provide the direction you need to fulfill your duties with confidence.