Instructions To Re-open An Estate

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 Re-open An Estate 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 Re-open An Estate

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Instructions To Re-open An Estate:

• This form pertains to the State of Colorado

• The current version of this form was last revised on July 1, 2013

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 989 - Instructions To Re-open An Estate 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 989, 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 989 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 989 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 Re-open An Estate 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 989 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 989, and when in doubt— consult a qualified trust & estates lawyer for that area.

Instructions To Re-open An Estate 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 989 - Instructions To Re-open An Estate 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 Re-open An Estate 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 989 - Instructions To Re-open An Estate. You can use this to get an idea of the context of the form and what type of information is needed.

JDF 989 R7-13 INSTRUCTIONS TO RE-OPEN AN ESTATE Page 1 of 3 INSTRUCTIONS FOR RE-OPENING AN ESTATE 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 file a Petition to re-open an estate, ◆ A Petition can be filed, if after an estate has been settled and the Personal Representative is discharged or one year after a closing statement has been filed, it is determined that the estate has not been fully administered or fully distributed by reason of subsequently discovered property, or for any other reason ◆ The Court may appoint the same or a successor Personal Representative to complete the administration or distribution of the estate. ◆ After reporting to the Court that the estate has been administered and/or distribution accomplished the estate is closed and the Personal Representative is discharged. ◆ For additional information, please review §15-12-1008, C.R.S. ◆ An estate closed after three years, may be reopened by an interested person upon the filing of a motion, pursuant to §15-12-1009(3), 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.  Intestate Succession: By Colorado law, a list of who will inherit the property when someone dies without 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.  Small Estate: Estate with a value, less liens and encumbrances, that is not more than$60,000.  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 989 R7-13 INSTRUCTIONS TO RE-OPEN AN ESTATE 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 – Re-opening an Estate). 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 990 Petition to Re-Open Estate ❑ JDF 911 Acceptance of Appointment ❑ JDF 912 Renunciation and/or Nomination of Personal Representative ❑ JDF 721 Irrevocable Power of Attorney ❑ JDF 991 Order Re-Opening Estate ❑ JDF 915 Letters ❑Testamentary ❑of Administration ❑ JDF 940 Information of Appointment STEPS TO CLOSING THE ESTATE Step 1: Verify that Estate was Closed. Ensure that the estate was closed formally and the Personal Representative discharged by the Court pursuant to §15-12-1001 C.R.S. or closed informally by filing a Statement pursuant to § 15-12-1003 C.R.S. Step 2: Complete Forms. Selecting these instructions indicates that you plan to re-open 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 to Re-Open an Estate (JDF 990). ❑ The Petitioner must complete all applicable sections on the form. ❑ The Petition may be filed by the former Personal Representative or any interested person. ❑ If beneficiaries have changed, section 5 on the Petition must identify the new heir and their relationship to the Decedent and/or original beneficiary. Use the following as a guide. Name Address (or date of death) Age, only if Minor Relationship (e.g. spouse, child, brother, guardian for spouse, etc.) Susie Smith 123 South Street, Denver, CO 80123 N/A Daughter of Bob Smith Bob Smith Deceased 10.12.08 Original beneficiary ❑ Acceptance of Appointment (JDF 911). JDF 989 R7-13 INSTRUCTIONS TO RE-OPEN AN ESTATE Page 3 of 3 ❑ This form must be completed by the Personal Representative. ❑ Renunciation and/or Nomination of Personal Representative (JDF 912). ❑ Complete this form only if a successor Personal Representative is being appointed. ❑ All persons with an equal or greater priority for appointment must renounce their right to appointment if not serving as Co-Personal Representative pursuant to §15-12-203(3), C.R.S. ❑ Irrevocable Power of Attorney (JDF 721). ❑ The nominated Personal Representative must complete this form and sign it before a Notary Public if he/ or she lives out-of-state. ❑ Order Re-opening Estate (JDF 991). ❑ Complete all applicable sections in preparation for the Court’s signature. ❑ Letters ❑Testamentary ❑of Administration (JDF 915). ❑ Complete only the caption on this form. The Court will complete the remainder of the form. ❑ Letters are evidence of the Personal Representative’s appointment and proof of authority to act on behalf of the estate. ❑ More than one set of certified Letters may be needed during the administration of the estate. Provide the Court with the number of Letters that are needed immediately. Third parties may require Letters to have been certified within the past 60 days. Letters may be requested as needed. ❑ The cost to certify Letters is $20.00 for certification and $.75 per page for copy. Step 3: You are ready to file your Papers with the Court. Provide the Court with the documents completed as described in Step 2 above. Step 4: After the Court Enters an Order Re-opening the Estate ❑ Complete Information of Appointment (JDF 940). ❑ This form informs heirs that the Personal Representative has been appointed and they may contact the Personal Representative with their questions about the estate. ❑ This completed form must be sent to all heirs within 30 days from appointment. If the address or identity of any heir is unknown, this form must also be sent to the Colorado Attorney General’s Office. ❑ This form, including the completed Certificate of Service, must be filed with the Court. Step 5: Complete administration or make distribution of subsequently discovered property. Step 6: After the administration or distribution of property is complete file a report, so stating, with the Court. Step 7: The estate is re-closed and the Personal Representative is discharged without further action by the Court.