Application for Informal Appointment of Special Administrator Colorado
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People also ask
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What is the difference between formal and informal probate in Colorado?
The main difference is the amount of court oversight and whether the court makes a formal finding of the petitioned facts. When opening a formal case, the petitioner must send notice of their intent to be appointed as personal representative and allow a time period for potential objections before being appointed.
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How does informal probate work in Colorado?
During an informal probate process, the administrative staff will examine your application to ensure it is properly filled out. Afterward, a fiduciary will be appointed to monitor the personal representative's progress in the administration of the estate.
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How do I get a letter of administration in Colorado?
Once the probate registrar decides that all of your paperwork is complete and correct, he/she will name you as the Personal Representative of the estate and give you a signed and certified copy of JDF 915 Letters Testamentary/of Administration. This document proves that you are the person in charge of the estate.
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What is the order to show cause in Colorado?
Section 38-35-204 - Order to show cause (1) Any person whose real or personal property is affected by a recorded or filed lien or document that the person believes is a spurious lien or spurious document may petition the district court in the county or city and county in which the lien or document was recorded or filed ...
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How long does informal probate take in Colorado?
Both informal and formal probates must be open with the court for at least six months, but full administration of the estate may take much longer.
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Does a surviving spouse have to go through probate in Colorado?
Probate is usually needed whenever a person dies with property titled in their name that must be re-titled before being transferred to their heirs. However, probate is usually unnecessary if the deceased person holds all their property jointly with their spouse.
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What assets are exempt from probate in Colorado?
Assets that are owned in joint tenancy, such as real property or a bank account, or assets that have a beneficiary designation like a life insurance policy or IRA, pass to the beneficiaries by operation of a contract, and are not subject to the provisions in the will or the probate process.
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What is the best way to avoid probate in Colorado?
A common way to avoid probate is to create a trust, but the validity of trusts can be challenged in court. Also, trustees are subject to the same standards as personal representatives, and their actions can also be reviewed by a court.
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