Do you need to open a probate in Colorado? This post will explain how to start an informal probate process. We’ll focus on Section 15-12-301 of the Colorado Probate Code. Don’t worry; we’ll keep it simple!

What is Informal Probate?

Informal probate is a way to recognize a person’s will after they pass away legally. It’s called “informal” because it doesn’t involve a court hearing. Instead, a registrar (a court official) handles it.

Starting the Informal Probate Process

You need to apply for informal probate or appointment to start the process. This application is directed to the registrar. You need to ensure all the information in the application is correct and complete.

What to Include in the Application

The application should include the following:

• An explanation of your interest in the estate for which you are trying to open the probate.
• The name and date of death of the person who passed away, their age, and where they lived at the time of death.
• The names and addresses of the spouse, children, heirs, and devisees, and the ages of any who are minors.
• If the person was not living in the state at their death, a statement explaining why the court to which you are applying is the correct venue.
• A statement identifying any personal representative of the decedent appointed in this state or elsewhere whose appointment has not been terminated.
• A statement indicating whether you have received a demand for notice or are aware of any demand for notice of any probate or appointment proceeding concerning the decedent that may have been filed in this state or elsewhere.
• A statement indicating that the time limit for informal probate or appointment provided in this article has not expired either because three years or less have passed since the decedent’s death or, if more than three years have passed since the decedent’s death because the circumstances described in section 15-12-108 authorizing tardy probate or appointment have occurred.

If you’re applying for informal probate of a will, you should also state that the original of the decedent’s last will is in the court's possession or accompanies the application or that an authenticated copy of a will probated in another jurisdiction accompanies the application.

Remember, this is just a summary. Consulting with a legal professional is always a good idea if you're dealing with probate matters. Stay tuned for more posts where we’ll continue to demystify the Colorado Probate Code!

Please note that this is a simplified explanation and does not cover all the nuances of the law. Always consult with a legal professional for advice about your specific situation.