Becoming the personal representative (informal probate)

Bottom line first. Most heirs who need to handle a house start by asking the court to name a personal representative. The informal route is a paper process with no hearing. You file forms with the probate registrar, and if everything is complete and you have priority, you are named and receive "letters." This lesson explains who may apply, in what order, which forms, and the time limits.

What a personal representative is

A personal representative is "a person at least 21, resident or non-resident of Colorado, who has been appointed to administer the estate of the decedent" (JDF 998 and JDF 907). The old word was executor. The law says nobody under 21 can serve, and nobody the court finds unsuitable in a formal proceeding (C.R.S. 15-12-203(6)). The person who died is the decedent.

Informal or formal?

The court explains two ways to open an estate (Open an Estate page). Informal takes "less time and paperwork because the court does not review what you are asking for or give approval." The probate registrar, a court official who checks the papers, reviews them and there is no hearing and no prior notice. But "anyone who has an interest in the estate can come forward later if they disagree with anything you have done." Formal takes more time and paperwork; the judge reviews everything and everyone with an interest can speak first. The court says you may prefer formal if you expect problems, and you must use formal if you only have a copy of the will and not the original. The court "cannot make this decision for you."

Who has priority

Not just anyone can be named. The law gives an order of priority, "whether the proceedings are formal or informal" (C.R.S. 15-12-203(1)). In order:

1. The person named in the will, or someone that person is allowed to nominate.
2. The surviving spouse, if the spouse is also a devisee in the will.
3. Other devisees (people who receive property under the will).
4. The surviving spouse (when not a devisee).
5. Other heirs.
6. Forty-five days after death, any creditor.

(The statute also lists a civil union partner and a person given priority in a designated beneficiary agreement; see C.R.S. 15-12-203(1).) A person with priority can nominate someone else to serve, and someone with the same or higher priority who does not want the job signs a renunciation, using form JDF 912 (C.R.S. 15-12-203(3); JDF 907). When people share a priority, those who do not renounce must agree on who applies.

Where and when to file

• Where: the District Court in the county where the decedent lived. If the decedent lived in another state, any Colorado county where they owned property. In Denver, the Denver Probate Court (Open an Estate page; C.R.S. 15-12-201).
• Earliest: 120 hours (5 days) after death. "The court cannot take any action before then" (Open an Estate page; C.R.S. 15-12-308(1)(h)).
• Creditors: must wait at least 45 days.
• Latest: an informal or formal probate or appointment proceeding generally cannot begin "more than three years after the decedent's death," with listed exceptions (C.R.S. 15-12-108(1)). A challenge to an informally probated will can be started within the later of twelve months from the informal probate or three years from death (15-12-108(1)(c)).

Forms from the court's list

If there is no will, the court's instructions (JDF 907) and Open an Estate page name these informal forms:

• JDF 916, Application for Informal Appointment of Personal Representative
• JDF 911, Acceptance of Appointment
• JDF 912, Renunciation and/or Nomination of Personal Representative (for others who have priority)
• JDF 917, Order for Informal Appointment (you fill in only the top caption)
• JDF 915, Letters (caption only)
• JDF 721, Irrevocable Power of Attorney, only if you live outside Colorado and signed before a notary

If there is a will, the informal forms are JDF 910 (Application for Informal Probate of Will and Informal Appointment), JDF 911, JDF 913 (the order), JDF 915 and, where needed, JDF 912 and JDF 721. You must hand the court the original will. The registrar will not allow informal appointment if it appears there may be an unrevoked will that has not been filed (C.R.S. 15-12-311).

The application must be sworn. It includes your interest, the decedent's details, the names and addresses of the spouse, children, heirs and devisees, and a statement that the time limit has not run out (C.R.S. 15-12-301(2)). JDF 907 also says to list all names the decedent used, because "assets cannot be released if the name on a deed, bank account, etc. is different from the name identified in the Letters."

Fees

JDF 907 says the filing fee is $229.00. If you cannot pay, file JDF 205 (Motion to Waive Fees) with a blank JDF 206 and the court decides. Certifying orders costs $20.00 and copies cost $0.25 per page.

Letters: your proof of authority

"Letters are evidence of the Personal Representative's appointment and proof of authority to act on behalf of the estate" (JDF 907). Banks, title companies and buyers will ask to see them. Order more than one certified copy: "Third parties may require Letters to have been certified within the past 60 days." Certifying costs $20.00 and $0.75 per copy. Once the registrar names you, your status "is fully established by informal appointment" (C.R.S. 15-12-307(2)).

About a bond (a promise backed by money that the representative will do the job honestly): the sources used for this course do not say whether a bond is required, so check with the court.

Your first deadlines

• 30 days: send JDF 940, Information of Appointment, to everyone with an interest, and file it with proof you sent it.
• 90 days: complete the inventory, JDF 941. JDF 907 says "three months." Do not file it unless asked; give it to people who request it.
• Creditor notices (JDF 943 by newspaper once a week for three weeks, JDF 944 to known creditors) are covered in lesson 4.

Example with real numbers

Their mother died on a Tuesday with no will, owning a house alone. Her two children, Jordan and Priya, are the only heirs. Jordan will serve.

1. Priority: both children are "other heirs" with equal priority (C.R.S. 15-12-203(1)(e)). Priya signs JDF 912 to nominate Jordan.
2. Jordan is over 21, so he qualifies (15-12-203(6)). The earliest filing is 120 hours (5 days) after the time of death.
3. Jordan files JDF 916, 911, 912, 917 and 915 in the county where the mother lived.
4. Costs: $229.00 fee + $20.00 to certify letters + 3 copies at $0.75 = $2.25. Total: $229.00 + $20.00 + $2.25 = $251.25 (reading the JDF 907 line as $20.00 once plus $0.75 per copy).
5. The registrar finds the papers complete and names Jordan on June 1.
6. JDF 940 is due within 30 days of June 1, so by July 1. The inventory is due within 90 days, so by August 30.
7. Time limit check: if the mother died January 10, the three-year limit runs to about January 10, three years later, so filing in June of the first year is well in time.

The court says it "cannot advise" you, so if anything is unclear, talk to a lawyer. This is general education, not legal or tax advice.