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* 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.
Probate is the legal process of settling the estate of a deceased person, and it can take months, even years, for more complex estates. In Colorado, the average estate spends 9-24 months in probate.
The simple answer is no. The executor has the authority to hold the assets for a certain time for safe-keeping before distributing it. But he cannot withhold assets for any selfish benefit. In a few rare situations, the fee of an executor exceeds the value of the estate in which case he will have to take everything.
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.
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.
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Since every estate is different, the time it takes to settle the estate may also differ. Most times, an executor would take 8 to 12 months. But depending on the size and complexity of the estate, it may take up to 2 years or more to settle the estate.
Generally, the statute of limitations for the probate of a will or any action related thereto is three years after the death of the testator.
Executors must not unreasonably delay distributing the estate for their own gain or any other party. However, even after the executors year, the court will not order a distribution of the estate if the executors can show there is good reason to wait.
For informal probate, you must complete and file: JDF 912 - Renunciation and/or Nomination of Personal Representative. JDF 721 - Irrevocable Power of Attorney. JDF 913 - Order for Informal Probate of Will and Informal Appointment of Personal Representative.
This is because there is a six month time limit under the Inheritance (Provision for Family and Dependents) Act 1975, which runs from the date of the grant of probate. If a claim were to be brought, it would be far better that the beneficiaries have not received the money rather than being asked to repay the money.

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