Instructions To Set A Hearing And To Complete A Notice Of Hearing

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 Set A Hearing And To Complete A Notice Of Hearing 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 Set A Hearing And To Complete A Notice Of Hearing

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Instructions To Set A Hearing And To Complete A Notice Of Hearing:

• 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 709 - Instructions To Set A Hearing And To Complete A Notice Of Hearing 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 709, 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 709 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 709 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 Set A Hearing And To Complete A Notice Of Hearing 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.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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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 709 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 709, and when in doubt— consult a qualified trust & estates lawyer for that area.

Instructions To Set A Hearing And To Complete A Notice Of Hearing 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 709 - Instructions To Set A Hearing And To Complete A Notice Of Hearing 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 Set A Hearing And To Complete A Notice Of Hearing 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 709 - Instructions To Set A Hearing And To Complete A Notice Of Hearing. You can use this to get an idea of the context of the form and what type of information is needed.

JDF 709 R9-19 INSTRUCTIONS TO SET A HEARING AND TO COMPLETE A NOTICE OF HEARING INSTRUCTIONS TO SET A HEARING AND TO COMPLETE A NOTICE OF HEARING NOTE: If the court provided you with specific information on how to schedule a hearing in a Case Management Order, follow those procedures. 1. Complete Notice to Set (JDF 710): ❑ If a hearing is not scheduled at the time you file your petition, call the court to ask for the days, times and telephone number to call to obtain dates to schedule a hearing. ❑ There should be 7 to 10 working days between the date you filed the JDF 710 and the date you will call the court to schedule a hearing. ❑ Estimate the amount of time required for the hearing, unless the court pre-determines the amount of time you will be given. Write the date and time you and the other involved person(s) will contact the court to set the hearing. Include the phone number that will be called. ❑ Complete the Certificate of Service section identifying how you plan to provide all interested persons with a copy of the Notice to Set. If you do not know the current address for an interested person, use their last known address. ❑ Date and sign the Certificate of Service and send it to each person listed. ❑ File the original with the court. 2. Contact the Court on the Date Written in Your Notice to Set: ❑ Notify the clerk that you need a date for your hearing. Give the clerk your case number. ❑ Have your calendar available when you contact the clerk. ❑ If the parties/attorneys contact the clerk by phone or appear in person at the specified setting date and time, the clerk will suggest available dates. A date will be decided upon that is agreeable with all parties’ calendars and the court’s calendar. Do not appear in person to schedule the hearing unless the clerk tells you to do so. ❑ If you filed the Notice to Set and you are the only party calling or appearing for the setting date, the clerk may set a date that is agreeable with your calendar and the court’s calendar. 3. Complete Notice of Hearing (JDF 711): ❑ Enter the hearing date and time that was provided by the court. Enter an address where the hearing will occur (courthouse) and the approximated length of the hearing. ❑ If you did not previously send all interested persons a copy of the pleading that will be considered at the hearing, make copies of it and attach it to the Notice of Hearing. It is important that all interested persons have a copy of the pleading in preparation for the hearing. ❑ Complete the Certificate of Service section identifying how you plan to provide all interested persons with a copy of the Notice of Hearing. If you do not know the current address for an interested person, fill out the Certificate of Service and use their last known address. If the post office returns the Notice of Hearing to you, you may be required to publish the Notice of Hearing in the newspaper. ❑ Date and sign the Certificate of Service and send it to each person listed. ❑ File the original with the court.