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JDF 920 Petition for Formal Probate of Will and Formal Appointment of Personal Representative must be signed in front of a Notary Public or court clerk. You can find a Notary Public by looking in the Yellow Pages, on the internet, or by going to your local bank.
As part of the probate process, letters testamentary are issued by your states probate court. To obtain the document, you need a copy of the will and the death certificate, which are then filed with the probate court along with whatever letters testamentary forms the court requires as part of your application.
Informal probate simply involves filing certain probate forms with the probate court, usually in the county where the decedent lived at the time of their death. If the decedent did not have a will, Colorado probate law explains how the decedents assets will be inherited.
However, probate is usually unnecessary if the deceased person holds all their property jointly with their spouse. In this case, no probate proceeding will be necessary as the property can be transferred into the sole name of the surviving spouse, without the need to go through the probate process.
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.
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The purpose of a Motion for Clarification is to ask the Court to explain the provisions of a prior order of the Court that a party does not fully understand.
Once the creditors are notified of the probate, they can file their claims with the court or the executor. The executor must review each claim and determine whether to allow or disallow it. The executor may allow a claim in whole or in part or reject it entirely.
Generally, in Colorado, you have up to three years to file probate after death, but its best to start sooner. After this time, you may only file probate under very limited circumstances.