Petition for Probate of Will and for Letters Testamentary - Colorado

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Colorado probate proceedings may require current Judicial Branch forms selected for
the exact will, proceeding, appointment, and court route. Obtain the current official
forms and instructions from the Colorado Judicial Branch, verify each form's title,
revision, and applicability, and transfer only counsel-approved content to the
accepted filing documents. Do not rely on a form number printed in this guide.
Do not file this document directly with the court.

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

IN THE DISTRICT COURT, [COUNTY] COUNTY, COLORADO

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner Information
3. Decedent Information
4. Basis for Jurisdiction and Venue
5. The Will Offered for Probate
6. Devisees Under the Will and Heirs at Law
7. Nomination, Priority, and Qualification of Personal Representative
8. Bond
9. Prayer for Relief
10. Verification
11. Certificate of Service / Notice
12. Attachments Checklist

1. CAPTION AND CASE INFORMATION

IN THE MATTER OF THE ESTATE OF:

[DECEDENT FULL LEGAL NAME], also known as [AKA, if any], Deceased.

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Colorado [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Relationship / Interest: [e.g., Personal Representative nominated in the Will; devisee; surviving spouse]

Petitioner is an "interested person" within the meaning of C.R.S. § 15-10-201(27) and is authorized to commence this proceeding under C.R.S. § 15-12-401.

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION AND VENUE

a. The Decedent died on [__/__/____].

b. Venue. Venue for this first proceeding is proper in this Court because the Decedent was domiciled in [COUNTY] County, Colorado at the time of death, as provided by C.R.S. § 15-12-201(1)(a). ☐ Alternatively, the Decedent was not domiciled in Colorado but owned property located in [COUNTY] County (C.R.S. § 15-12-201(1)(b)).

c. Testate. The Decedent died testate, leaving a Last Will and Testament dated [__/__/____] ☐ and the following codicil(s): [__/__/____], [__/__/____].

d. A will has no effect unless admitted to probate; an order of probate is necessary under C.R.S. § 15-12-102.

e. ☐ More than 120 hours have elapsed since the Decedent's death (C.R.S. § 15-12-307; informal appointment timing). ☐ This Petition is filed within the ultimate time limit of C.R.S. § 15-12-108 (generally three years after death).

f. ☐ No personal representative has been appointed in this or any other jurisdiction, or ☐ a personal representative was appointed as follows: [________________________________].

5. THE WILL OFFERED FOR PROBATE

a. The original Last Will and Testament dated [__/__/____] (the "Will") ☐ accompanies this Petition / ☐ has been lodged with the Court / ☐ is in the possession of the Court.

b. Execution. The Will was signed by the Decedent and witnessed by at least two individuals as required by C.R.S. § 15-11-502 (execution of wills).

c. Self-proved status.
☐ The Will is self-proved under C.R.S. § 15-11-504 (acknowledgment by the testator and affidavits of the witnesses before an officer authorized to administer oaths) and may be admitted without testimony of the attesting witnesses (C.R.S. § 15-12-303 (informal); § 15-12-405 (formal, uncontested)).
☐ The Will is not self-proved; proof of due execution will be supplied by ☐ the affidavit/testimony of an attesting witness or ☐ other evidence permitted by the Court.

d. Attesting witnesses (if applicable):

e. ☐ The Will is the Decedent's last will and has not been revoked; Petitioner is unaware of any later or competing will or instrument purporting to revoke the Will.

6. DEVISEES UNDER THE WILL AND HEIRS AT LAW

6.1 Devisees / Beneficiaries under the Will (persons taking under the Will, including nominated testamentary trustees):

6.2 Heirs at Law (persons who would take by intestate succession under C.R.S. § 15-11-101 et seq., entitled to notice as interested persons):

☐ The Decedent was survived by a spouse / civil union partner: [NAME].

7. NOMINATION, PRIORITY, AND QUALIFICATION OF PERSONAL REPRESENTATIVE

a. The Will nominates [NOMINATED EXECUTOR/PR NAME] as Executor / Personal Representative ☐ and [SUCCESSOR NAME] as successor.

b. Priority. Petitioner/Nominee has priority for appointment under C.R.S. § 15-12-203(1)(a) as "the person with priority as determined by a probated will, including a person nominated by a power conferred in a will."

c. ☐ Petitioner is the nominated Personal Representative. ☐ Petitioner is a person nominated by the person(s) holding priority, using the current court-accepted renunciation or nomination document, under C.R.S. § 15-12-203(3).

d. Qualification. The nominee is not disqualified: the nominee is 21 years of age or older and has not been found unsuitable by the Court in formal proceedings (C.R.S. § 15-12-203(6)).

e. The nominee accepts the appointment and submits to the jurisdiction of the Court under C.R.S. § 15-12-602.

f. Administration is necessary because the Decedent owned property requiring administration in Colorado, with an estimated value as follows: real property $[________________]; personal property $[________________]; total estimated estate $[________________].

8. BOND

a. General rule. Under C.R.S. § 15-12-603, no bond is required of a personal representative unless (i) the will expressly requires a bond, (ii) bond is demanded by an interested person under C.R.S. § 15-12-605, or (iii) the Court orders bond.

b. ☐ The Will expressly waives bond. Petitioner requests that the Personal Representative serve without bond as directed by the Will and as permitted by C.R.S. § 15-12-603.

c. ☐ The Will requires bond / bond is otherwise required. Petitioner will furnish bond in the amount of $[________________], fixed under C.R.S. § 15-12-604, with ☐ corporate surety ☐ personal surety.

d. ☐ Petitioner requests appointment with the powers of an unsupervised personal representative. ☐ Petitioner requests supervised administration under C.R.S. § 15-12-501.

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court:

a. ☐ (Formal) Set this Petition for hearing and order notice as required by C.R.S. § 15-12-403;

b. Find that the Decedent died testate, that venue is proper, and that the instrument dated [__/__/____] (and any codicil) is the Decedent's valid Last Will;

c. Admit the Will (and any codicil) to probate and enter an order of probate under C.R.S. § 15-12-102 and § 15-12-409;

d. Appoint Petitioner as Personal Representative of the Estate;

e. Direct the issuance of Letters Testamentary to the Personal Representative upon acceptance and qualification, evidencing authority under C.R.S. § 15-12-701 et seq.;

f. ☐ Order that the Personal Representative serve without bond as the Will directs, or ☐ fix bond in the amount of $[________________];

g. Grant such other and further relief as the Court deems just and proper.

10. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], declare and affirm under penalty of perjury under the laws of the State of Colorado (C.R.S. § 13-27-104 / § 24-12-102) that I have read the foregoing Petition, that I am an interested person authorized to file it, and that the statements herein are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [CITY], [STATE].

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

11. CERTIFICATE OF SERVICE / NOTICE

Notice of Hearing (Formal Proceeding). Notice of the time and place of hearing on this Petition was given to all interested persons (devisees and heirs) as required by C.R.S. § 15-12-403 and § 15-10-401:

☐ Delivered or mailed at least 14 days before the hearing (C.R.S. § 15-10-401(1));
☐ Published once a week for three consecutive weeks where required for persons whose addresses are unknown (C.R.S. § 15-10-401(1)(c));
☐ Mailed copy of the Petition and Will to each devisee and heir.

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Colorado Attorney Reg. No.: [________________] (if applicable)
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

12. ATTACHMENTS CHECKLIST

☐ Current court-accepted petition or application for the selected probate and appointment route
☐ Original Last Will and Testament (and any codicils)
☐ Certified copy of the Death Certificate
☐ Self-Proving Affidavit (or proof of execution by attesting witness) — C.R.S. § 15-11-504
☐ Current court-accepted renunciation or nomination document, if applicable
☐ Acceptance of Appointment (C.R.S. § 15-12-602)
☐ Current court-accepted proposed order, if required
☐ Current court-accepted proposed letters or issuance request, if required
☐ Bond or waiver of bond (C.R.S. § 15-12-603 / § 15-12-604), if applicable
☐ Proof of mailing/publication of Notice of Hearing (formal)
☐ Filing fee payment

SOURCES AND REFERENCES

• C.R.S. § 15-12-102 — Necessity of order of probate for will.
• C.R.S. § 15-12-201 — Venue for first and subsequent estate proceedings.
• C.R.S. § 15-12-203 — Priority among persons seeking appointment as personal representative.
• C.R.S. § 15-12-301 — Informal probate or appointment proceedings — application — contents.
• C.R.S. §§ 15-12-401, 15-12-402, 15-12-403, 15-12-405 — Formal testacy proceedings.
• C.R.S. § 15-11-502 / § 15-11-504 — Execution of wills; self-proved will.
• C.R.S. §§ 15-12-603, 15-12-604, 15-12-605 — Bond.
• Colorado Judicial Branch probate forms: https://www.coloradojudicial.gov/forms/probate-forms