Letters Testamentary in Colorado
How the Colorado probate court issues letters testamentary or letters of administration, and what you need to apply.
Short answer: To act, a personal representative must be appointed by order of the court or registrar, qualify, and be issued letters; administration begins when letters issue. C.R.S. §§ 15-12-103, 15-12-108; Colorado Judicial Branch, Open an Estate
| Letters testamentary | To act, a personal representative must be appointed by order of the court or registrar, qualify, and be issued letters; administration begins when letters issue. Filings go to the district court of the county where the decedent lived (Denver Probate Court in Denver), no sooner than 120 hours after death, and most proceedings must start within three years after death. Common Colorado Judicial Branch forms are the Application for Informal Probate (JDF 910) or Petition for Formal Probate (JDF 920), the Acceptance of Appointment (JDF 911), and Letters (JDF 915). Colorado uses "Letters Testamentary" when there is a will and "Letters of Administration" when there is not. A bond is generally not required in informal proceedings unless the will or court requires one. |
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| Who can be executor | Priority for appointment: the person named in the will, then a surviving spouse (or civil union partner) who inherits under the will, other will beneficiaries, the surviving spouse or partner, other heirs, and after 45 days any creditor. A personal representative must be at least 21 and not found unsuitable by the court. A personal representative who does not live in Colorado files an Irrevocable Power of Attorney (JDF 721). No bond is required in informal proceedings unless the will requires it or an interested person asks; in formal proceedings the court may require bond. |
More Colorado estate law
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- Quitclaim Deeds and Transferring Property in Colorado
- Who Inherits If You Die Without a Will in Colorado
- How to Make a Valid Will in Colorado
- How Probate Works in Colorado
- Living Wills and Advance Directives in Colorado
- Revocable Living Trusts in Colorado
- Executor Duties in Colorado
- Affidavit of Heirship in Colorado
- How to Avoid Probate in Colorado
- Transferring a Car After Someone Dies in Colorado
- All Colorado wills, probate and estate rules
FAQ
How do I get letters testamentary in Colorado?
To act, a personal representative must be appointed by order of the court or registrar, qualify, and be issued letters; administration begins when letters issue. Filings go to the district court of the county where the decedent lived (Denver Probate Court in Denver), no sooner than 120 hours after death, and most proceedings must start within three years after death. Common Colorado Judicial Branch forms are the Application for Informal Probate (JDF 910) or Petition for Formal Probate (JDF 920), the Acceptance of Appointment (JDF 911), and Letters (JDF 915). Colorado uses "Letters Testamentary" when there is a will and "Letters of Administration" when there is not. A bond is generally not required in informal proceedings unless the will or court requires one.
Who can be an executor in Colorado?
Priority for appointment: the person named in the will, then a surviving spouse (or civil union partner) who inherits under the will, other will beneficiaries, the surviving spouse or partner, other heirs, and after 45 days any creditor. A personal representative must be at least 21 and not found unsuitable by the court. A personal representative who does not live in Colorado files an Irrevocable Power of Attorney (JDF 721). No bond is required in informal proceedings unless the will requires it or an interested person asks; in formal proceedings the court may require bond.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.