Instructions To File A Petition To Transfer Adult Guardianship And/or Conservatorship From Colorado To Receiving State

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 Transfer Adult Guardianship And/or Conservatorship From Colorado To Receiving State 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 Transfer Adult Guardianship And/or Conservatorship From Colorado To Receiving State

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Instructions To File A Petition To Transfer Adult Guardianship And/or Conservatorship From Colorado To Receiving State:

• 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 786 - Instructions To File A Petition To Transfer Adult Guardianship And/or Conservatorship From Colorado To Receiving State 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 786, 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 786 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 786 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 Transfer Adult Guardianship And/or Conservatorship From Colorado To Receiving State 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 786 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 786, and when in doubt— consult a qualified trust & estates lawyer for that area.

Instructions To File A Petition To Transfer Adult Guardianship And/or Conservatorship From Colorado To Receiving State 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 786 - Instructions To File A Petition To Transfer Adult Guardianship And/or Conservatorship From Colorado To Receiving State 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 Transfer Adult Guardianship And/or Conservatorship From Colorado To Receiving State 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 786 - Instructions To File A Petition To Transfer Adult Guardianship And/or Conservatorship From Colorado To Receiving State. You can use this to get an idea of the context of the form and what type of information is needed.

JDF 786 R9-19 INSTRUCTIONS TO FILE A PETITION TO TRANSFER FROM COLORADO TO RECEIVING STATE Page 1 of 3 INSTRUCTIONS TO FILE PETITION TO TRANSFER ADULT GUARDIANSHIP AND/OR CONSERVATORSHIP FROM COLORADO TO RECEIVING STATE 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 ◆ These instructions and forms accommodate a consensual, unopposed transfer of protective proceedings from Colorado to another state. Any Interested Person who objects to any aspect of these proceedings may file an objection and/or request an evidentiary hearing at any time. ◆ Before you file a Petition in Colorado to Transfer to a receiving state, contact the court in the county/state (receiving state) where you plan to transfer the case to determine what their requirements are for accepting guardianships and/or conservatorships from other states. Each state may have different requirements, so this step is very important. ◆ The Petition to Transfer must be filed in the existing Guardianship or Conservatorship case. ◆ The Petition can be filed by the Guardian and/or Conservator. ◆ The Petition can be filed if the Ward/Protected Person is physically present or is reasonably expected to move permanently to the other state or the Protected Person has a significant connection to the other state considering the factors in §15-14.5-201(2), C.R.S. ◆ For additional information, please review §§15-14.5-301 - 302, 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  Guardian: A person at least 21, resident or non-resident, who has qualified as a Guardian of a minor or incapacitated person based on an appointment by the Court.  Conservator: A person at least 21, resident or non-resident, who has been appointed to manage the financial affairs of another person.  Interested Persons: Persons identified by Colorado Law who must be given notice of a guardianship and/or conservatorship proceeding.  Letters: A formal notice identifying the authority of the Guardian and/or Conservator.  Legal Representative: Includes a representative payee, a guardian or conservator acting for a respondent, a trustee or custodian of a trust of custodianship of which the respondent is a beneficiary or an agent designated under a power of attorney.  Order: Official document signed by the Court. 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 $ 20.00 ❑ Service Fees Varies ❑ Copy of Documents $ .75 per page FORMS JDF 786 R9-19 INSTRUCTIONS TO FILE A PETITION TO TRANSFER FROM COLORADO TO RECEIVING STATE Page 2 of 3 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 Proceeding – Termination – Transfer Adult Guardianship/Conservatorship Case to Another State. Check with the Court where you plan to file your case to determine if they have any special requirements. ❑ JDF 712 Notice of Hearing Without Appearance Pursuant C.R.P.P. 24 ❑ JDF 787 Petition to Transfer Guardianship/Conservatorship from Colorado to Receiving State ❑ JDF 788 Provisional Order re: Petition to Transfer to Receiving State ❑ JDF 789 Final Order Confirming Transfer to Receiving State and Terminating Guardianship and/or Conservatorship in Colorado STEPS TO FILING YOUR CASE Step 1: Complete Forms. Selecting these instructions indicates that you are seeking to transfer a Guardianship and/or Conservatorship from Colorado to another state. The caption below needs to be completed on all forms filed. Make sure that you make a copy for your own records of all of the forms you file with the Court. District Court Denver Probate Court __________________________________ County, Colorado Court Address: ▲ COURT USE ONLY ▲ In the Interest of: Ward/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 to Transfer Guardianship/Conservatorship from Colorado to Receiving State (JDF 787) ❑ The Petitioner must complete all applicable sections on the form. ❑ Provisional Order re: Petition to Transfer Guardianship/Conservatorship from Colorado to Receiving State (JDF 788) ❑ 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 and any objections filed. ❑ Notice of Hearing Without Appearance Pursuant to C.R.P.P. 24 (JDF 712) ❑ Complete the Notice portion of the form. ❑ Complete the Certificate of Service portion on JDF 712, listing the Ward/Protected Person and names and addresses of all interested persons listed on the Petition to Transfer and Proposed Provisional Order Re: Petition to Transfer and the date you sent the documents. ❑ Mail JDF 712 and all completed documents to the Ward/Protected Person and all interested persons that you are required to notify regarding the Petition to Transfer - JDF 787. ❑ Check the list below to determine the “Interested Persons” applicable to your circumstances. JDF 786 R9-19 INSTRUCTIONS TO FILE A PETITION TO TRANSFER FROM COLORADO TO RECEIVING STATE Page 3 of 3 1. The spouse of the Ward/Protected Person, if married. 2. The parents of the Ward/Protected Person, if any. 3. The adult children of the Ward/Protected Person, if any. 4. Any Guardian or Conservator currently acting for the Ward/Protected Person. 5. Any person who has care and custody of the Ward/Protected Person, including the Ward/Protected Person’s treating physician. 6. Any adult with whom the Ward/Protected Person has resided for more than six months within one year before the filing of the Petition, §15-14-304(2)(b)(I)(A) 7. Any adult relative nearest of kin, if there is no spouse, parent, or adult children. 8. Any legal representative of the Ward/Protected Person. 9. Any nominated person by the Ward/Protected Person. Step 2: File Your Documents with the Court. Provide the Court with the documents completed as described in Step 1 above. Step 3: Hearing Without Appearance. You have completed the forms and are requesting that this matter be set on the hearing without appearance docket, parties are not required or expected to appear. The Court will review the documents and any objections filed. ❑ If the Court approves the Petition to Transfer, the Court will complete the proposed Provisional Order to Transfer Guardianship/Conservatorship from Colorado to Receiving State - JDF 788. ❑ You will need a certified copy of the Provisional Order to provide to the other state. ❑ Copies of the Provisional Order to Transfer must be provided to the Ward/Protected Person and all interested persons. Upon receipt of a Provisional Order to Transfer to Receiving State from the Colorado Court, it is the responsibility of the Guardian and/or Conservator to file a Petition to Accept Guardianship and/or Conservatorship in the other state. It is very important that you check with the other county/state to determine what they require when filing a petition to transfer, as each state may have different requirements. Step 4: Finalize Process to Transfer Guardianship/Conservatorship and to Terminate Case in Colorado. Once you have a Provisional Order to accept from the other state, you must file a certified copy of this Provisional Order to Accept with the Colorado Court. The Conservator must file a Conservator’s Report - JDF 885. The Court may require other necessary documents to be filed. ❑ Final Order Confirming Transfer to Receiving State and Terminating Guardianship/Conservatorship (JDF 789). ❑ Complete caption only on the form. ❑ Attach certified copy of a Provisional Order to Accept from the other state. ❑ File the Conservator’s Report and any other necessary documents required by the Court. ❑ The Court will complete the remainder of the form and may sign it. ❑ Copies of the signed Final Order must be provided to all interested persons identified in the Order.