How to Start Colorado Probate without a Will?

September 5, 2015 Posted In Creditors and Probate,Probate, Estate, & Trust Administration
by Colorado Estate Matters

When a loved one has passed away without leaving behind a will (or a valid will) and the decedent’s estate was valued over a certain amount, formal probate will generally need to be opened to settle the estate.

Although there can be a lot to do in probate, below, we will point out the fundamental steps that usually need to be taken to initiate formal probate in Colorado when there is no will for an estate.

4 Steps to Opening Colorado Probate without a Will

Step 1 – Complete the necessary court forms.

When you need to open up Colorado probate without a will, there are a few things that needs to be done. Our Denver probate attorney explains it below. Contact us if you want or need experienced help with Colorado probate.

In general, these forms will include some combination of the following:

• JDF 922 – Petition for Adjudication of Intestacy and Formal Appointment of Personal Representative
• JDF 911 – Acceptance of Appointment
• JDF 912 – Renunciation and/or Nomination of Personal Representative
• JDF 721 – Irrevocable Power of Attorney
• JDF 711 –   Notice of Hearing
• JDF 923 – Order of Intestacy, Determination of Heirs and Formal Appointment of Personal Representative
• JDF 915 – Letters of Administration

As you complete these forms (which are available here), be sure to:

• Read all available instructions first.
• Complete all necessary fields.
• Prepare any supporting documentation the court may also require (to prove, for instance, information noted in any of the above forms).

Failing to properly complete any necessary court forms for probate can complicate and delay a case, which can end up meaning that it takes that much longer for beneficiaries to get the assets they have inherited.

Step 2 – Submit the paperwork to the court and pay the court fees.

Prior to submitting the above forms and paperwork to the court, be sure to make at least two copies of all of these documents for your own records. Be prepared to pay the court fee for opening a formal probate case without a will, which is $164.00 (as of September 2015, prices may differ each year).

Step 3 – Prepare for the start of the Colorado probate process.

Once the above documents have been submitted to the court with the necessary fees, the court will typically appoint a personal representative to oversee the case. If you are the individual who has been appointed to this position, then you will need to gear up for the ensuing Colorado probate process.

It is important to point out that Colorado probate is complicated and personal representatives can be held personally liable for making mistakes during this process, it is strongly advised that they retain an experienced lawyer for help.

Contact a Denver Probate Attorney at Colorado Estate Matters, Ltd.

When you need experienced help or representation in Colorado probate, you can turn to a seasoned Denver probate attorney at Colorado Estate Matters, Ltd. Our lawyers provide a thoughtful, comprehensive approach to our clients’ estate planning and probate needs, and we take pride in helping our clients obtain the best outcomes from the probate process.

Contact Us

We can discuss your estate planning needs and different options during our consultation. To schedule this meeting, call us at (303) 713-9147 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, Englewood, Centennial, Wheat Ridge, Golden and Arvada.