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If you do distribute an estate before the end of the 10 month period, you may be personally liable as the Executor for any loss incurred as a result.
If the court is satisfied that the will is valid, you have provided all necessary information and documentation, and the court deems that you are capable of assuming the personal representative role, they will then issue Letters Testamentary to you. You can then use the Letters to perform the duties required.
Length of time for probate to be completed varies in Colorado. The minimum time for formal and informal probate is six months by law. However, it can take much longer for an estate to be ready for distribution, depending on the size, complexity and any issues that may arise.
A petition has to be filed in the court for probate of a Will. The executor of the Will is the petitioner and files the original Will and petition in the court. The petition is filed before a competent court, usually the district court in the residence area of the deceased.
To apply for the letters of administration: download the correct paper form. fill in all sections that apply. print the form. sign and date the application. include a cheque with your application (see How to pay) send your completed form and supporting documents to:
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By Petition to the Court (Formal Proceeding). The Probate Judge, Magistrate or Registrar may appoint a Personal Representative and determine Heirs after notice to all Interested Persons and after hearing on any objections. If you need assistance with legal decisions, you should contact an attorney.
Youll usually get the grant of probate or letters of administration within 8 weeks of sending in your original documents. It can take longer if you need to provide additional information.
Your will doesnt have to be registered to be legal. However, registration ensures your will can be found in the National Will Register. This will make managing your estate easier after you have died. Probate can be delayed by lost wills, so it is wise to register your will.
If you are curious about your role as PR or need to obtain Letters Testamentary, call (720) 547-2319 to set up a free consult with a probate attorney. The probate court will then issue Letters of Administration if someone passes without a will or Letters Testamentary if someone passes with a will.
*Note: Colorado law requires that a decedents will be filed (lodged) with the District Court in which the decedent was domiciled within ten days of the decedents passing, even if no probate administration is expected.

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