Instructions For Closing An Estate Formally

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Instructions For Closing An Estate Formally is a commonly used form within Colorado. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Instructions For Closing An Estate Formally

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Instructions For Closing An Estate Formally:

• This form pertains to the State of Colorado

• The current version of this form was last revised on September 1, 2019

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Colorado’s Form JDF 957 - Instructions For Closing An Estate Formally up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Colorado form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Colorado probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form JDF 957, take a break, and then review. Probate and estate settlement processes in CO are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form JDF 957 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form JDF 957 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Instructions For Closing An Estate Formally to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Colorado.

5 reasons you should submit JDF 957 as quickly as possible:

1. The sooner you begin, the faster Colorado can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Colorado. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Colorado is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Colorado probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Colorado probate clerk or court for exact answers regarding Form JDF 957, and when in doubt— consult a qualified trust & estates lawyer for that area.

Instructions For Closing An Estate Formally is one of the many probate court forms available for download through Atticus.

It may also be available through some Colorado probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Colorado.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form JDF 957 - Instructions For Closing An Estate Formally f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Colorado probate court office.

Instructions For Closing An Estate Formally is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Colorado-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Colorado Form JDF 957 - Instructions For Closing An Estate Formally. You can use this to get an idea of the context of the form and what type of information is needed.

JDF 957 R9-19 INSTRUCTIONS FOR CLOSING AN ESTATE FORMALLY Page 1 of 3 INSTRUCTIONS FOR CLOSING AN ESTATE FORMALLY These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as you would be if you were an attorney. GENERAL INFORMATION ◆ A Personal Representative or any interested person may petition for an order of complete settlement of the estate. ◆ The Personal Representative may file a petition at any time. ◆ Any other interested person may petition after one year from appointment of the original Personal Representative. ◆ No petition may be filed until the time for presenting claims has expired. ◆ The person filing the action may request the Court to determine testacy, if not previously determined, to consider the final account or compel or approve an accounting and distribution, to construe any will or determine heirs and to adjudicate the final settlement and distribution of the estate. ◆ This matter may be set on the hearing without appearance docket or an appearance hearing may be requested by a party or the Court. ◆ For additional information, please review §15-12-1001 through 1009, C.R.S. ◆ If you have a disability and need a reasonable accommodation to access the courts, please contact your local ADA Coordinator. Contact information can be obtained from the following website: http://www.courts.state.co.us/Administration/HR/ADA/Coordinator_List.cfm COMMON TERMS  Estate: All of the property (real or personal) owned by a person on the date of death that is subject to probate.  Formal: A court proceeding conducted before a Judge or Magistrate with notice to Interested Persons.  Heir: Person(s) entitled to the property of the Decedent under statutes of Intestate Succession.  Informal: A proceeding without a hearing by an officer of the court acting as a Probate Registrar.  Intestate: Estate in which the Decedent did not leave a Will.  Interested Persons: Persons identified by Colorado Law who must be given notice of a court proceeding. This term may include heirs, children, spouse, devisees, beneficiaries, creditors, claimants, and persons having priority to serve as Personal Representative, depending on the circumstances.  Letters: A document issued by the court, identifying the authority of a Personal Representative.  Personal Representative: A person at least 21, resident or non-resident of Colorado, who has been appointed to administer the estate of the Decedent; previously referred to as Executer/Executrix.  Testate: Estate in which the Decedent left a Will. If you do not understand this information, please contact an attorney. FEES No filing fee is required. Other fees that a party to the case may encounter are: ❑ Certification of Orders and Letters $20.00 ❑ Copy of Documents $ .75 per page JDF 957 R9-19 INSTRUCTIONS FOR CLOSING AN ESTATE FORMALLY Page 2 of 3 FORMS To access a form online go to www.courts.state.co.us and click on the “Forms” tab. The packet/forms are available in PDF or WORD by selecting Probate (Decedent’s Estate – Closing an Estate Formally). Complete the forms online or print them and type or print legibly in black ink. Read these instructions carefully to determine what forms you may need, as you may need all or some of the listed forms. Check with the Court where you plan to file your case to determine if they have any special requirements. ❑ JDF 960 Petition for Final Settlement ❑ JDF 942 Interim/Final Accounting ❑ JDF 719 Waiver of Notice ❑ JDF 964 Order for Final Settlement ❑ JDF 730 Decree of Final Discharge ❑ JDF 711 Notice of Hearing ❑ JDF 963 Notice of Hearing Without Appearance on Petition for Final Settlement ❑ JDF 731 Receipt and Release STEPS TO CLOSING THE ESTATE Step 1: Ensure that the following documents are on file with the Court: 1. Information of Appointment - JDF 940. This document must be on file with the Court. 2. Decedent’s Estate Inventory - JDF 941. This document must be on file with the Court. 3. Copies of the completed Decedent’s Estate Inventory MUST be sent to all Interested Persons who request it. In addition, if there are unknown intestate heirs or unknown devisees, a copy of the Decedent’s Estate Inventory - JDF 941 MUST be sent to the Attorney General pursuant to §15-12-706(3), C.R.S. 4. If less than one year from the date of death has passed, the newspaper’s Proof of Publication of Notice to Creditors must be on filed with the Court. Step 2: Complete Forms. Selecting these instructions indicates that you plan to formally close administration of an estate. The caption below must be completed on all forms filed. Be sure to make a copy for your own records of all forms you file with the Court. District Court Denver Probate Court __________________________________ County, Colorado Court Address: ▲ COURT USE ONLY ▲ In the Matter of the Estate of: Deceased Attorney or Party Without Attorney (Name and Address): Phone Number: Email: FAX Number: Atty. Reg. #: Case Number: Division: Courtroom: NAME OF FORM ❑ Petition for Final Settlement (JDF 960). ❑ The Petitioner must complete all applicable sections on the form. ❑ Interim/Final Accounting (JDF 942). ❑ Complete this form only if all required waivers (Waiver of Notice - JDF 719) are not submitted when filing the Petition with the Court. ❑ The Personal Representative should complete all applicable sections on this form. JDF 957 R9-19 INSTRUCTIONS FOR CLOSING AN ESTATE FORMALLY Page 3 of 3 ❑ Order for Final Settlement (JDF 964). ❑ Complete all applicable sections in preparation for the Court’s signature. ❑ Final Decree of Discharge (JDF 730). ❑ Complete only the caption on the form. ❑ The Court will complete the remainder of the form and sign it following review of the documents filed with the Court and after verifying that the Personal Representative has met all the conditions set by the Court. ❑ Notice of Hearing Without Appearance on Petition for Final Settlement (JDF 963) or Notice of Hearing (JDF 711). Before filing the Petition, contact the Court to determine whether an appearance hearing is required. If an appearance hearing is not required you may set a hearing without appearance for 8:00 a.m. on any weekday (excluding holidays). It is not necessary to clear the hearing date with the Court. See Rule 24 of the Colorado Rules of Probate Procedures. If an appearance hearing is required, contact the Court to set a date for a hearing before a Judge or Magistrate. ❑ Complete Notice of Hearing Without Appearance - JDF 963 and file along with all the completed documents to close the estate. ❑ Complete the Certificate of Service portion on JDF 963, listing the names and addresses of all interested persons to whom the notice was sent and the date sent. ❑ Mail JDF 963 and all completed documents filed with the Court to all interested persons who are entitled to notice regarding the closing of the estate. or ❑ For an evidentiary hearing, contact the Court for a hearing date. The date and time of the hearing is important because they must be included in the Notice of Hearing form - JDF 711. ❑ Complete the Certificate of Service section of JDF 711, listing the names and addresses of all interested persons to whom the notice was sent and the date sent. ❑ Mail JDF 711 and all completed documents filed with the Court to all interested persons who are entitled to notice regarding the closing of the estate. Step 3: You are ready to file your Papers with the Court. Provide the Court with the documents completed as described in Step 1 above. Step 4: Non-Appearance Docket or Evidentiary Hearing The Court will rule on the matter as soon as practical after the hearing or hearing without appearance date. ◆ Parties are not expected to appear for matters set on the non-appearance docket. ◆ The Personal Representative and/or Petitioner must appear at the evidentiary hearing and should be prepared to present evidence showing why the estate should be closed. ❑ If the Court approves the closing of the estate, the Court will complete the proposed Order for Final Settlement - JDF 964. ❑ Provide copies of the Order to all interested persons identified in the Order. ❑ Upon receiving an Order, the Personal Representative shall conclude the administration of the estate by distributing the property according to the Order. ❑ For certified copies of the Order, contact the clerk’s office. The fee is $20.00 for certification and $.75 per page. Step 5: Obtain a signed copy of the Decree of Final Discharge from the Court. The Court will issue the Decree of Final Discharge - JDF 730 upon being satisfied that the Personal Representative has met the terms of the Order for Final Settlement. The estate is closed once the Decree if issued. ❑ File a Receipt and Release - JDF 731 from each person identified in the Schedule of Distribution or file proof of distribution, e.g. canceled check, recorded deed, etc. ❑ For certified copies of the Decree, contact the clerk’s office.