Legal Question in Wills and Trusts in Colorado

Filing Claim

how do we go about finding out if a will is in existance on a person who passed away in May 2004, the will has not been filed with the probate court in colorado. The home has been cleaned out, phone disconnected etc. if there is not a will what can we do about notifying the proper authority? Icalled the probate Court on colorado on august 23, 2004 no will has been filed. Where can i get a form to flie an inquiry?


Asked on 9/13/04, 2:34 pm

2 Answers from Attorneys

Bernard Greenberg KOKISH & GOLDMANIS, P.C.

Re: Filing Claim

Obtain a form known as "Demand for Notice" from the Colorado Supreme Court's web site and file it with the District Court of the County where the decedent lived and send it all those you think may be involved.

Also, you should consult with an attorney experienced with estates in the County in question.

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Answered on 9/13/04, 4:37 pm
The Harris Law Firm, P.C The Harris Law Firm, P.C.

Re: Filing Claim

To whom it may concern,

I am not aware of any form to file an inquiry with the probate court. I would contact the probate court in the county in which the deceased resided at the time of his/her death and inquire of the probate court clerk if an estate has been opened for the deceased person's estate. The clerk should be able to ascertain this information simply based upon the deceased person's name. When someone dies an estate must be opened and the will must be filed (if there is a will). A person who dies without a will dies intestate. If the person dies without a will then an estate must be opened and this is called an intestate estate and the laws of instestacy will apply to that estate and the distribution of the estate's assets. I hope you find this information helpful.

Elissa B. Bercovitz

The Harris Law Firm, P.C.

1125 17th Street, Suite 1820

Denver, Colorado 80202

(303) 299-9484

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Answered on 9/13/04, 4:41 pm


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