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Informal probate is used when no contest or other form of probate litigation is expected. Formal probate is a more hands-on probate process where the probate court pays closer attention to the probate case.
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.
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.
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.
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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.
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.
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.