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Lastly, after service is performed by your chosen process server, you need to make sure that they fill out a form called a Return of Service or Affidavit of Service. This form must be signed in front of a notary unless the process server is a peace officer.
A Living Trust A will distributes your assets upon your death. But, a living trust places your property into a trust that is managed in a way that best benefits your heirs. Because your assets are already distributed, your estate avoids the probate process.
Letters of administration are court documents giving someone permission or authority to administer the estate of someone who died without a will or without naming a proper executor of their estate.
In Colorado there are three types of probates for both wills and intestate estatesone for small estates (under $50,000 and no real property), one for uncontested estates (informal), and one for contested estates and invalid or questionable wills (formal).
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.
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The court may require that the personal representative get approval for every transaction or may allow the personal representative to administer the estate unsupervised. Both informal and formal probates must be open with the court for at least six months, but full administration of the estate may take much longer.
Simply fill out the response form, telling the court why you disagree with the other partys position. When you file the response, you will be asked to pay a filing fee. You do not need to prove your case in the response; you simply need to tell the court what you believe to be true.
If you are curious about your role as PR or need to obtain Letters Testamentary, call (720) 513-2299 to set up a flat-rate* legal 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.