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How Long Do You Have to File Probate in Colorado? According to the Colorado Revised Statutes Title 15 Chapter 12, probate must be filed within three years of the estate owners death.
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.
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.
For formal probate, you must complete and file: JDF 920 - Petition for Formal Probate of Will and Formal Appointment of Personal Representative. JDF 911 - Acceptance of Appointment. JDF 912 - Renunciation and/or Nomination of Personal Representative. JDF 721 - Irrevocable Power of Attorney. JDF 711 - Notice of Hearing.
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.
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There is no legal obligation for you to have an attorney for a probate action. The Colorado Judicial Branch offers all of the probate forms online for anyone who wishes to represent themselves. However, the probate court that you must file the probate action in cannot provide you with legal advice.
An estates administrator or executor may put off dealing with the estate because Virginia does not have a statutory deadline by which probate must be completed. Depending on the size and complexity of the estate, the probate process can drag on for several years.
An executor will never be legally forced to pay out to the beneficiaries of a will until one year has passed from the date of death: this is called the executors year.
*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.
* You can file your paperwork to close the estate informally 6 months after the date that the court named you as the Personal Representative, or one year after the decedent died, whichever date happens first.

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