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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.
Letters testamentary are documents that a probate court delivers to the executor of the deceaseds estate to enforce the terms of the deceased persons will. A court can issue letters testamentary only to persons who are chosen as an executor in a will.
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.
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 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.
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All wills and intestate estates must be probated, but the degrees of court involvement and complexity range from simple and inexpensive to complicated and costly.In Colorado there are three types of probates.
Settling an Estate in Colorado Probate begins when a petition is filed with the court in the county where the deceased person resided. The court appoints a personal representative to handle the estate. They are supervised by the court but bear the responsibility of handling the various tasks.
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:
Starting from the date of death, the executors have 12 months before they have to start distributing the estate. This allows time to gather information on the estate and check for potential claims. The executors have no obligation to distribute the estate before the end of the year.
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.

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