Instructions To File A Petition To Terminate Conservatorship

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 To File A Petition To Terminate Conservatorship 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 To File A Petition To Terminate Conservatorship

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Instructions To File A Petition To Terminate Conservatorship:

• 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 887 - Instructions To File A Petition To Terminate Conservatorship 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 887, 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 887 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 887 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 To File A Petition To Terminate Conservatorship 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 887 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 887, and when in doubt— consult a qualified trust & estates lawyer for that area.

Instructions To File A Petition To Terminate Conservatorship 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 887 - Instructions To File A Petition To Terminate Conservatorship 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 To File A Petition To Terminate Conservatorship 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 887 - Instructions To File A Petition To Terminate Conservatorship. You can use this to get an idea of the context of the form and what type of information is needed.

JDF 887 R9-19 INSTRUCTIONS TO FILE A PETITION TO TERMINATE A CONSERVATORSHIP Page 1 of 4 INSTRUCTIONS TO FILE A PETITION TO TERMINATE CONSERVATORSHIP 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 represented by an attorney. GENERAL INFORMATION ◆ A conservatorship may be terminated under the following circumstances. 1. The Protected Person attains the age of 21 years. 2. The death of the Protected Person. 3. The Protected Person’s inability to manage property or business affairs has been resolved. 4. The assets of the conservatorship are insufficient to warrant continued administration. ◆ If funds of the Minor were ordered to be placed in a restricted account and no other assets exist and the minor is now 21, the filing of a Petition to Terminate a Conservatorship may not be necessary. ◆ The Protected Person seeking termination is entitled to the same rights and procedures as in an original proceeding for a protective order. ◆ Upon receiving an Order terminating the conservatorship or upon receiving notice of the death of a protected person, the Conservator shall conclude the administration of the conservatorship by filing a Conservator’s Final Report (JDF 885), receipt and release forms, and a proposed Decree of Final Discharge within 63 days after distribution, unless otherwise directed by the Court. ◆ For additional information, please review § 15-14-431, 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  Petitioner: A person who files a Petition for the Termination a Conservatorship.  Conservator: A person at least 21 years of age, resident or non-resident, who has been appointed to manage the business affairs of another person.  Letters: Official document identifying the authority of the Conservator.  Interested Persons: Persons identified by Colorado Law who must be given notice of a court proceeding.  Order: Official document identifying the authority/termination of the conservatorship. 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 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 – Protective Proceedings – Termination – Conservatorship (Minor and Adult). You may complete a form online or you may print it 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 887 R9-19 INSTRUCTIONS TO FILE A PETITION TO TERMINATE A CONSERVATORSHIP Page 2 of 4 ❑ JDF 712 Notice of Hearing Without Appearance Pursuant to C.R.P.P. 24 ❑ JDF 730 Decree of Final Discharge ❑ JDF 731 Receipt and Release ❑ JDF 806 Notice of Hearing to Interested Persons ❑ JDF 853 Notice of Death ❑ JDF 885 Conservator’s Final Report ❑ JDF 888 Petition for Termination of Conservatorship ❑ JDF 889 Waiver of Hearing, Waiver of Final Conservator’s Report, Waiver of Audit and Approval of Schedule of Distribution ❑ JDF 890 Order Terminating Conservatorship STEPS TO FILING YOUR CASE Step 1: Complete Forms. Selecting these instructions indicates that you plan to terminate a conservatorship. 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 Interests of: Protected Person Attorney or Party Without Attorney (Name and Address): Phone Number: Email: FAX Number: Atty. Reg. #: Case Number: Division: Courtroom: NAME OF FORM ❑ Petition for Termination of Conservatorship JDF 888). ❑ This form can be completed by the Protected Person, Conservator or interested person. ❑ The Petitioner must complete all applicable sections on the form. ❑ The Schedule of Distribution (sections six and seven) should describe the assets and value of each and who will be getting the assets. ❑ Upon termination of a conservatorship and whether or not formally distributed by the Conservator, title of the assets passes to the formerly Protected Person, the former Protected Person’s successor, the Personal Representative or as ordered by the Court. ❑ Notice of Death (JDF 853). ❑ Only complete this form upon death of the Protected Person. ❑ Complete all sections on the form. ❑ Waiver of Hearing, Waiver of Final Conservator’s Report, Waiver of Audit and Approval of Schedule of Distribution (JDF 889). ❑ The Protected Person or his/her successor may complete this form if they agree to the information contained in the form. ❑ This form must be signed. JDF 887 R9-19 INSTRUCTIONS TO FILE A PETITION TO TERMINATE A CONSERVATORSHIP Page 3 of 4 ❑ Conservator’s Final Report (JDF 885). ❑ Only complete this form if all required waivers (JDF 889) are not completed when filing the Petition with the Court. ❑ You are completing the Conservator’s Final Report. Make sure you include all financial information. ❑ The Conservator should complete all applicable sections on this form. ❑ Order Terminating Conservatorship and Schedule of Distribution (JDF 890). ❑ Complete 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/or a hearing to terminate the Conservatorship. ❑ Final Decree of Discharge (JDF 730). ❑ Only complete 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 verifying that the Conservator has met all conditions set by the Court. Step 2: You are ready to file your Papers with the Court. Provide the Court with the documents completed as described in Step 1 above. You may set this matter on the non-appearance docket. If you are requesting to terminate the conservatorship, because it is believed that the Protected Person’s inability to manage their affairs has been resolved, an evidentiary hearing is required and must be set. ❑ Complete JDF 712 - Notice of Hearing Without Appearance Pursuant to C.R.P.P. 24 and file along with all the completed documents to terminate the conservatorship. ❑ Complete the Certificate of Service portion on JDF 712, listing the names and addresses of all interested persons to whom you sent the notice and the date you sent it. ❑ Mail JDF 712 and all completed documents filed with the Court to all interested persons that you are required to notify regarding the termination of the conservatorship. or ❑ You may request to have an evidentiary hearing. You may receive a hearing date from the clerk at the time of filing the Petition. The date and time of this hearing is important because you will need to complete the Notice of Hearing form (JDF 806), see Step 3. Step 3: Send Copies of all Documents Filed with the Court and the Notice of Hearing (JDF 806) to Interested Persons. Depending on the number of interested persons you must notify regarding the termination of the conservatorship, you may need to make several copies of the documents filed with the Court. JDF 806 must also be provided to the Protected Person unless he/she or their successor has signed JDF 889. ❑ Mail copies of all documents (including the Petition for Termination and Conservator’s Report) filed with the Court and the completed Notice of Hearing to Interested Persons (JDF 806) at least 14 days before the hearing. ❑ Complete the Certificate of Service portion on the form. List the names and addresses of all interested persons and the formerly Protected Person or the former Protected Persons’ successor to whom you sent the notice and the date you sent it and file it with the Court on or before the hearing date. JDF 887 R9-19 INSTRUCTIONS TO FILE A PETITION TO TERMINATE A CONSERVATORSHIP Page 4 of 4 Step 4: Hearing Without Appearance or Evidentiary Hearing  If you have completed the forms and are requesting that this matter be set on the hearing without appearance docket, parties are not expected to appear, the Court will review the documents and any objections if filed.  The Petitioner, who may be the Protected Person or Conservator, must appear at the evidentiary hearing and should be prepared to present evidence showing why the conservatorship should be terminated. ❑ If the Court approves the termination, the Court will complete the proposed Order Terminating Conservatorship (JDF 890). ❑ You may need certified copies of the Order depending on your circumstances. ❑ Copies of the Order must be provided to all interested persons identified in the Order. ❑ Upon receiving an Order, the Conservator shall conclude the administration of the conservatorship. Step 5: Obtain a signed copy of the Decree of Final Discharge from the Court. The Court shall enter the Decree upon being fully satisfied that the Conservator has met all conditions required by the Court for the Conservator’s discharge. ❑ Upon the filing of the Receipt and Release (JDF 731) by the formerly protected person/minor and/or other interested persons to support that the assets have been transferred/title changed, etc. as identified in the Schedule of Distribution, the Court will issue a Decree of Final Discharge (JDF 730). ❑ The Court will not issue a Decree of Final Discharge until a Receipt and Release is filed by all individuals as identified in the Schedule of Distribution. ❑ If you need certified copies, please provide the appropriate fees.