LETTER OF INTENT TO PERSONAL REPRESENTATIVE

State of Colorado

THIS DOCUMENT IS NOT A WILL OR CODICIL. It is intended as non-binding guidance to assist my Personal Representative in administering my estate under the Colorado Probate Code, C.R.S. Title 15, Article 12.

Date of Preparation: [__/__/____]

Date of Last Revision: [__/__/____]

SECTION 1: PERSONAL INFORMATION OF THE DECLARANT

SECTION 2: DESIGNATED PERSONAL REPRESENTATIVE

Under C.R.S. § 15-12-203, I have nominated the following individual(s) to serve as Personal Representative of my estate. This letter is addressed to the person(s) named below to provide guidance in carrying out the duties imposed by C.R.S. § 15-12-703.

Primary Personal Representative

Alternate Personal Representative

SECTION 3: FAMILY MEMBERS AND DEPENDENTS

Pursuant to C.R.S. § 15-12-705, the Personal Representative must inform persons who appear to have an interest in the estate of the appointment, including information about the estate and their rights. The following individuals should be notified:

Marital Status: ☐ Single ☐ Married ☐ Civil Union ☐ Divorced ☐ Widowed ☐ Domestic Partnership

Spouse/Partner Name (if applicable): [________________________________]

COLORADO PROPERTY NOTE: Colorado is NOT a community property state. Colorado follows equitable distribution principles. However, the surviving spouse has certain statutory rights under C.R.S. § 15-11-201 et seq. (elective share) and C.R.S. § 15-11-402 (exempt property). The Personal Representative should be aware of these spousal protections when administering the estate.

SECTION 4: LOCATION OF ESSENTIAL DOCUMENTS

The Personal Representative should locate the following documents promptly. Under C.R.S. § 15-12-701, duties and powers of a Personal Representative commence upon appointment and the authority relates back to the decedent's date of death.

Estate Planning Documents

☐ Last Will and Testament
- Location: [________________________________]
- Date Executed: [__/__/____]
- Attorney Who Prepared: [________________________________]

☐ Codicil(s) to Will
- Location: [________________________________]
- Date(s) Executed: [__/__/____]

☐ Revocable Living Trust
- Location: [________________________________]
- Date Executed: [__/__/____]
- Trustee(s): [________________________________]

☐ Irrevocable Trust(s)
- Location: [________________________________]
- Trust Name(s): [________________________________]

☐ Personal Property Memorandum (per C.R.S. § 15-11-513)
- Location: [________________________________]

☐ Durable Power of Attorney (per Colorado Uniform Power of Attorney Act, C.R.S. § 15-14-701 et seq.)
- Location: [________________________________]
- Agent Named: [________________________________]

☐ Medical Durable Power of Attorney / Advance Directive (per Colorado Medical Treatment Decision Act, C.R.S. § 15-18-101 et seq.)
- Location: [________________________________]
- Agent Named: [________________________________]

☐ CPR Directive (per C.R.S. § 15-18.6-101 et seq.)
- Location: [________________________________]

☐ Pre-Nuptial / Post-Nuptial Agreements
- Location: [________________________________]

Financial and Legal Records

☐ Tax returns (most recent 3 years): [________________________________]
☐ Deeds and real property titles: [________________________________]
☐ Vehicle titles and registrations: [________________________________]
☐ Business formation documents: [________________________________]
☐ Insurance policies: [________________________________]
☐ Loan and mortgage documents: [________________________________]
☐ Safe deposit box location: [________________________________]
- Bank Name: [________________________________]
- Box Number: [________________________________]
- Key Location: [________________________________]
- Authorized Signer(s): [________________________________]

SECTION 5: FINANCIAL ASSETS AND ACCOUNTS

Under C.R.S. § 15-12-706, the Personal Representative must prepare an inventory of probate assets within ninety (90) days of appointment and file it with the court. The following is intended to assist with that duty.

Bank and Deposit Accounts

Investment and Brokerage Accounts

Retirement Accounts

Life Insurance Policies

Other Financial Assets

SECTION 6: REAL PROPERTY

Location of Deeds: [________________________________]

Property Tax Records Location: [________________________________]

HOA Information: [________________________________]

Note: Colorado does not have a constitutional homestead exemption from probate, but the surviving spouse and minor children are entitled to a homestead allowance under C.R.S. § 15-11-401 ($46,000 as adjusted) and exempt property under C.R.S. § 15-11-402.

SECTION 7: DIGITAL ASSETS AND ONLINE ACCOUNTS

Under the Revised Uniform Fiduciary Access to Digital Assets Act (adopted in Colorado as C.R.S. § 15-1-1501 et seq.), the Personal Representative may access digital assets subject to certain conditions and the terms of service of each provider.

☐ Password Manager Used: [________________________________]
- Master Password Location: [________________________________]

☐ Digital Asset Inventory Location: [________________________________]

Two-Factor Authentication Device(s): [________________________________]

Instructions for Digital Accounts (close, memorialize, transfer):
[________________________________]

SECTION 8: DEBTS AND LIABILITIES

Under C.R.S. § 15-12-801, the Personal Representative must publish a notice to creditors. Known creditors must also receive direct notice. Creditors generally have four (4) months from the date of first publication to present claims.

Secured Debts

Unsecured Debts

Other Obligations

• Pending lawsuits or legal claims: [________________________________]
• Guarantees or co-signed obligations: [________________________________]
• Tax liabilities (federal, state, local): [________________________________]
• Alimony or child support obligations: [________________________________]

SECTION 9: FUNERAL AND MEMORIAL WISHES

Under C.R.S. § 15-19-106, an individual may designate an agent to control the disposition of the body. The Personal Representative should honor the following preferences:

Preferred Disposition:
☐ Traditional Burial ☐ Cremation ☐ Natural/Green Burial ☐ Donation to Science ☐ Natural Organic Reduction (Human Composting, legal in Colorado) ☐ Other: [________________________________]

Pre-Arranged Funeral Plan:
☐ Yes ☐ No
- Funeral Home: [________________________________]
- Address: [________________________________]
- Phone: [________________________________]
- Contract/Policy Number: [________________________________]
- Prepaid: ☐ Yes ☐ No — Amount: $[____________]

Burial / Interment Preferences:
- Cemetery: [________________________________]
- Plot Number/Location: [________________________________]
- Grave Marker Instructions: [________________________________]

Memorial Service Preferences:
- Type of Service: ☐ Religious ☐ Non-Religious ☐ Celebration of Life ☐ Private ☐ Other
- Location Preference: [________________________________]
- Officiant Preference: [________________________________]
- Music Selections: [________________________________]
- Readings or Poems: [________________________________]
- Flowers or Charitable Donations in Lieu: [________________________________]

Special Instructions:
[________________________________]

SECTION 10: SPECIFIC BEQUESTS AND PERSONAL PROPERTY DISTRIBUTION

Note: Colorado recognizes a separate writing identifying devises of certain types of tangible personal property under C.R.S. § 15-11-513. If a separate memorandum exists, it should be referenced here.

Separate Personal Property Memorandum Exists: ☐ Yes ☐ No
- Location: [________________________________]

Specific Items

Charitable Bequests

SECTION 11: BUSINESS INTERESTS

Buy-Sell Agreement Exists: ☐ Yes ☐ No — Location: [________________________________]

Operating Agreement / Partnership Agreement Location: [________________________________]

Business Succession Plan: [________________________________]

Key Business Contacts:
[________________________________]

SECTION 12: PET CARE INSTRUCTIONS

Preferred Caretaker: [________________________________]
Alternate Caretaker: [________________________________]
Pet Trust Established: ☐ Yes ☐ No — Location: [________________________________]
Monthly Care Budget: $[____________]
Special Instructions: [________________________________]

Note: Colorado recognizes pet trusts under C.R.S. § 15-11-730, which allows a trust for the care of an animal alive during the settlor's lifetime.

SECTION 13: IMPORTANT CONTACTS

Legal Professionals

Financial Professionals

Other Contacts

SECTION 14: MEDICAL INFORMATION

Chronic Conditions or Special Medical Notes:
[________________________________]

SECTION 15: PERSONAL MESSAGES AND VALUES

Message to My Personal Representative:
[________________________________]

Message to My Family:
[________________________________]

Values, Traditions, or Wishes I Want Preserved:
[________________________________]

Ethical or Philanthropic Priorities:
[________________________________]

SECTION 16: COLORADO-SPECIFIC PROBATE GUIDANCE

The following is a summary of key Colorado probate procedures for the Personal Representative's reference:

1. Filing the Will: Under C.R.S. § 15-12-301, a will must be filed with the court in the county where the decedent was domiciled. Colorado uses a district court with a probate division (not a separate probate court).

2. Types of Probate: Colorado offers informal probate (C.R.S. § 15-12-301), formal probate (C.R.S. § 15-12-401), and supervised administration (C.R.S. § 15-12-501).

3. Appointment: The Personal Representative may petition for informal appointment under C.R.S. § 15-12-301 or formal appointment under C.R.S. § 15-12-401.

4. Information to Heirs and Devisees: The Personal Representative must provide detailed information to interested persons, including the decedent's name, PR's name and appointment date, whether the estate is testate or intestate, and notice of their rights (C.R.S. § 15-12-705). A copy of this information must be filed with the court.

5. Inventory: Prepare and file an inventory within ninety (90) days of appointment (C.R.S. § 15-12-706).

6. Notice to Creditors: Publish notice under C.R.S. § 15-12-801. Creditors have four (4) months from the first publication date to present claims.

7. Small Estate Affidavit: If the estate value (less liens and encumbrances) does not exceed $80,000 and at least ten (10) days have elapsed since the date of death, collection by affidavit may be available under C.R.S. § 15-12-1201.

8. Spousal Protections: The surviving spouse is entitled to a homestead allowance (C.R.S. § 15-11-401), exempt property (C.R.S. § 15-11-402), family allowance (C.R.S. § 15-11-403), and an elective share (C.R.S. § 15-11-201).

9. Closing the Estate: File a closing statement under C.R.S. § 15-12-1001 (informal) or petition for a formal closing under C.R.S. § 15-12-1001.

SECTION 17: SIGNATURE AND ACKNOWLEDGMENT

I, [________________________________], being of sound mind, have prepared this Letter of Intent to assist my Personal Representative. I understand this document is not legally binding and does not replace my Last Will and Testament or any other estate planning instrument.

Signature: ________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Witness (optional but recommended):

Signature: ________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Sources and References

• Colorado Revised Statutes Title 15: https://law.justia.com/codes/colorado/title-15/
• C.R.S. § 15-12-705 (Duty to Inform Heirs): https://law.justia.com/codes/colorado/title-15/colorado-probate-code/article-12/part-7/section-15-12-705/
• Colorado Probate Rules: https://www.cobar.org/Portals/COBAR/Repository/Sections/TE/CRPP_090118.pdf
• C.R.S. § 15-11-513 (Separate Writing for Personal Property)
• C.R.S. § 15-1-1501 et seq. (Revised Uniform Fiduciary Access to Digital Assets Act)