1437 Bannock St., Rm. 230, Denver, CO 80202
Phone 720-865-8310 Fax 720-865-8329
 

   

Frequently Asked Questions


Q. The Colorado Court of Appeals issued a mandate on my case. How do I get my appeal bond refunded?

A. E-file a Motion for Release of Appeal Bond with a Proposed Order. Once the Judge signs the Order, the staff assistant will be notified and a check will be issued for refund of the bond.

Q. I (attorney’s office) was charged an electronic filing fee in error. How do I get my money back?

A. Notify the clerk’s office and give details of the error (i.e. case name, number, date of filing and filing ID). A Refund Authorization will be prepared and a check cut to Courtlink, who will in turn refund or credit the attorney.


Q. What forms do I need to open a probate estate with a will?

A. You will need an Application CPC-11, an Acceptance of Appointment CPC-18, Letter CPC-17, Renunciation of Appointed Personal Representative (if applicable) CPC17-A, Irrevocable Power of Attorney (if Personal Representative is out of state) CPC-18A, Informal Appointment of Personal Representative CPC-12T. [Download individual forms] [Download packet ]

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Q. What forms do I need to close the estate?

A. For an INFORMAL closing (no notice) you will need to file a Verified Statement of Personal Representative Closing Administration, CPC-27. For a FORMAL closing (notice and hearing) you will need to file a final settlement and distribution CPC-24, 24-na, 25, 25-h, 24/25s, 26 and 54.
[Download forms here]

Q. Where do I open a probate estate? What county?

A. Venue for opening a probate estate after a decedent's death is:

  • In the county where the decedent had residence at the time of death,
  • If the decedent was not a resident of this state, in any county where property of the decedent was located at the time of death
  • If you are uncertain what county to file in, but know the city [click here] for a list of cities, counties, and Judicial districts.

Q. Do you have legal services available for Pro Se Parties?

A. Denver Probate Court is grateful to have a Pro Se Attorney office staffed by volunteers on Mondays and Wednesdays from 1:30 p.m. to 3:30 p.m. To see if you are eligible, click here.
[Download the file "Help with Denver Probate")

Q. What is notice?

A. Notice is a way to tell people that a hearing is going to be held or that the Court is going to order something to happen.

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Q. Do I have to “give notice”?

A. The law requires you to give notice to interested parties. If you do not show the Court proof of notice before hearing, your hearing will be cancelled. [Click here to read more about giving notice]

Q. What is the difference between a guardianship and a conservatorship?

A. A guardian is responsible for the "person," that is housing, food, medical decisions, the like; a conservator is responsible for the assets of the protected person only.

Q. Under what circumstances do I have to file my credit report and/or my criminal background report with the probate court?

A. See answer

Q. What do I need to do to have another adult take care of my child(ren)?

A. See answer

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Q. What is an Ancillary Proceeding?

A. An ancillary proceeding is one in which a personal representative appointed in another state (a foreign personal representative) wishes his/her letters recorded in Colorado so that business may be more readily conducted here. For example, a person appointed as personal representative in Kansas, may need to sell Colorado property belonging to the decedent’s estate.

  • Venue is proper in the county where property belonging to the estate is located.
  • Submit original certified copies of the out-of state letters to the court. (To be considered current, letters must have been certified within 60 days).
  • Download the Ancillary Proceeding forms [Download forms]

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Q. What are your hours?

A. We are open Monday - Friday 8:00am - 4:30pm., except on state holidays. [Click here to view our holiday schedule]

Q. What is an appropriate rate to charge for services as guardian and conservator?

A. An appropriate answer is usually something like "It depends on the circumstances."

Here are a few general guidelines:

Family members generally serve without a "fee" although a family member usually keeps a record of out-of-pocket costs and applies for reimbursement.

For persons who are appointed to these fiduciary positions who expect and are entitled to be paid a fee for services, the rate can range from $15.00 per hour to over a hundred dollars per hour depending on a number of factors, including: the complexity of the service provided, the amount of responsibility assumed, the outcome or result achieved, time lost from regular employment, rate earned at regular employment, and fees typically charged in the community by similarly skilled persons providing similar services. Conservators and guardians should not expect to charge a fee for time spent in the routine preparation of a fee invoice or a petition for approval of fees. These standards are set out in the Colorado Probate Code and are discussed in Colorado case law.

Professional persons (such as lawyers and accountants), appointed as conservator or guardian, may ordinarily charge their regular hourly rate only for services provided in their professional capacity. For example, an attorney may charge his or her regular billing rate for drafting legal documents but not for attending a care conference or balancing a checkbook. Keeping in mind the factors set forth above, the attorney would either reduce his or her regular billing rate to the "market rate" or, if appropriate, delegate the tasks to his or her clerical or bookkeeping staff or hire another person to provide the service at the "market rate."

The Court's primary interest in overseeing protective proceedings is to insure that the protected/incapacitated person receives appropriate care and protection over the balance of his or her life at reasonable, competitive market costs. The Court is not interested in spending the least amount possible, but is also not willing to allow a fiduciary to spend more than is realistically necessary on services that could be provided under the circumstances for a lesser amount.

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Q. If I am notifing creditors by publication do I also need to send out a letter by mail?

A. The Notice to Creditors by publication is sufficient to notice the creditors. You do not have to mail personal letters of notification to each one.
Make sure to file the proof of publication with the Court that the Newspaper sends you.

Q. Is on-line record search or record request available?

A. On-line record search is not available at this time. However, records search request is available on-line. [Click here] to learn more.

Q. I need information other than Probate. Where can I find information on criminal, civil, domestic or other?

A. The Colorado Judicial Branch website self-help center located at http://www.courts.state.co.us/chs/court/forms/selfhelpcenter.htm. This site is intended to assist you to learn about Colorado Rules & Laws, case filing requirements, available services in Colorado & general information to assist you in representing yourself in court matters.

The Denver County Courts have a website that can be used to search for cases in the Denver County or Municipal Courts. http://www.denvergov.org/court/courtselect.asp this site allows you to do a name or case number search.

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Q. What is Comman Law Marriage?

A. Colorado recognizes the legality of common law marriage. Whether or not a common law marriage exists depends upon the mutual intent and status of the parties. The following guidelines are used to determine if a common law marriage exits:

  • The man and women are free to enter into a marriage contract, neither is married to another person, an both parities are 18 or older.
  • The man and the woman mutually agree that their relationship constitutes a marriage.
  • The man and woman live in a marital relationship and consistently hold themselves out to the public, socially and legally, as married - such as sharing joint bank accounts, reporting their marital status on income tax returns or putting both names on property titles as husband and wife.

A common law marriage does not require a minimum period of cohabitation. Once established, the partners are entitled to all rights. privileges and responsibilities of a marriage relationship. The relationship mush be terminated by a court-ordered divorce decree.

New law on common law marriage, effective July 18, 2006 (but defines what marriages are impacted by the law within the language of the act).
Summary of the Act: Adds a new statute in Title 14 placing an age restriction on common law marriage. A party can enter into a common law marriage if he or she is 18 at the time the common law marriage is entered into.
Here is the link: http://www.leg.state.co.us/clics2006b/csl.nsf/fsbillcont3/779477607A1C00B8872571A2008175C0?Open&file=006_enr.pdf

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Q. Where can I find a list of attorneys that can help with Probate issues?

A. Denver Probate Court has created a "referral service," which lists pre-screened attorneys who specail in estate/trusts/protective proceedings/fiduciay law and who have agreed to provide the service on a fixed-fee basis. For a list of those attorneys, click here.

Q. What do I do with the will when someone dies?

A. When the original signed will is found, file it within ten days with the probate court in the county where the deceased lived.
15-11-516. Duty of custodian of will; lodging of will after death; transfer of lodged will; liability. (1) Within ten days after a testator's death or as soon thereafter as the death becomes known to the custodian of an instrument purporting to be the testator's will, the custodian shall deliver the will to the court having probate jurisdiction in the Colorado county where the decedent resided or was domiciled at death for lodging in the records of such court. If the decedent was not a Colorado resident or domiciliary, the custodian shall deliver the will to the court having probate jurisdiction where the decedent was a resident or domiciliary at death, if known to the custodian, but if such residence or domicile is not known, to the court having probate jurisdiction in any Colorado county where property of the decedent was located at death. If the domicile, residence, and location of property are unknown to the custodian, or if the court having probate jurisdiction outside of Colorado refuses to accept delivery of the will, the custodian shall deliver the will to the court having probate jurisdiction in the Colorado county where the will was located. Upon being informed of the testator's death, a court holding a deposited will shall lodge the will in its records.

(2) Upon the filing of a petition or application showing appropriate venue to be in another state or in another Colorado county, the court shall order the lodged will transferred to the court having probate jurisdiction in that state or county. Any person who willfully fails to deliver an instrument purporting to be a will is liable to any person aggrieved for the damages that may be sustained by the failure.

(3) Any person who willfully refuses or fails to deliver an instrument purporting to be a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.


 

 

 

 

 

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