Legal Question in Wills and Trusts in Colorado

Yes, an unsecured creditor may file a Creditor's Claim against a decedent's estate. Bear in mind that there are time limits that must strictly adhered to. For advice on such claims, contact an attorney specializing in estate litigation.

Yes, in fact an unsecured creditor has standing to open probate if it is not otherwise opened. If you do open probate, you have to give notice to known creditors by mail and to all possible creditors by publishing notice in the newspaper (if the date of death was within the last year). The personal representative of the estate (if the estate is probated) can be held personally liable to such creditors if the rules are not followed as to creditors, so you want to be cautious. I hope this helps.