Petition for Final Settlement

PETITION FOR FORMAL APPOINTMENT OF SPECIAL ADMINISTRATOR

District Court Denver Probate Court

Court Address:

IN THE MATTER OF THE ESTATE OF:

COURT USE ONLY

Attorney or Party Without Attorney (Name and Address):

Phone Number: E-mail:

FAX Number: Atty. Reg. #:

Case Number: Division Courtroom

PETITION FOR FORMAL APPOINTMENT OF SPECIAL ADMINISTRATOR

1. Petitioner, (Name) , as (state nature of interest), is an interested person. (Section 15-10-201, C.R.S.)

2. The decedent died on the date of , at the age of years, domiciled in the County of , State of Colorado.

3. Venue for this proceeding is proper in this county because the decedent:

was a domiciliary of this county on the date of death.

was not a domiciliary of Colorado, but property of the decedent was located in this county on the date of death.

4. Petitioner:

has not received a demand for notice and is unaware of any demand for notice of any probate or appointment proceeding concerning the decedent that may have been filed in this state or elsewhere.

has received, or is aware of, a demand for notice. See attached demand or explanation.

5.

Except as may be disclosed on an attached explanation, petitioner is unaware of any unrevoked will relating to property located in this state.

The date of decedent’s last will is . The dates of all codicils are . The will and any codicils are referred to as the will.

was deposited with this Court before the decedent’s death. (Section 15-11-515, C.R.S.)

has been delivered to this Court since the decedent’s death. (Section 15-11-516, C.R.S.)

is filed with this petition.

has been probated in the State of . Authenticated copies of the will and of the statement probating it are filed with this petition. (Section 15-12-402, C.R.S.)

is lost, destroyed, or otherwise unavailable. (See attached explanation.) (Section 15-12-402, C.R.S.)

6.

No personal representative has been appointed in this state or elsewhere.

A personal representative has been appointed in this state or elsewhere as shown on the attached explanation. (Section 15-12-301, C.R.S.)

7. Petitioner requests appointment of a special administrator to preserve the estate or to secure its proper administration (Section 15-12-614 (1)(b), C.R.S.) for the following reasons:

8.

No more than 3 years have passed since the decedent’s death. (Section 15-12-108, C.R.S.)

More than 3 years have passed since the decedent’s death. A statutory time limitation would apply to the commencement of these proceedings except for the circumstances described in an attachment to this application.

9.

is 21 years of age or older, and has priority for appointment because of:

nomination by the will as personal representative.

statutory priority. (Sections 15-12-203 and 615, C.R.S.)

reasons stated in the attached explanation.

10. Listed below are the names and addresses of decedent’s spouse, children, heirs and devisees, and the names and addresses of guardians or conservators of incapacitated or protected persons. See instructions below:

PETITIONER REQUESTS the Court, after hearing, to appoint , as special administrator to serve without bond with bond in the amount of $

with notice

without notice because an emergency exists and appointment should be made forthwith. (Section 15-12-614, C.R.S.)

and that Letters of Special Administration be issued.

DATE:

INSTRUCTIONS FOR PARAGRAPH 10:

Include any statements of legal disability or other incapacity required by Rule 10, C.R.P.P.

List the names and dates of death of any deceased devisees. (See applicable antilapse statute, Sections 15-11-601 and 603, C.R.S.)

Where a listed person is an heir, detail the relationship to the decedent which creates heirship. Examples: son, daughter of pre-deceased son. (Sections 15-11-101-114, C.R.S.)

Attach additional sheets if necessary.