Irrevocable Power Of Attorney

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.

Irrevocable Power Of Attorney 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 Irrevocable Power Of Attorney

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Irrevocable Power Of Attorney:

• This form pertains to the State of Colorado

• The current version of this form was last revised on June 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 721 SC - Irrevocable Power Of Attorney 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 721 SC, 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 721 SC 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 721 SC 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 Irrevocable Power Of Attorney 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 721 SC 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 721 SC, and when in doubt— consult a qualified trust & estates lawyer for that area.

Irrevocable Power Of Attorney 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 721 SC - Irrevocable Power Of Attorney 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.

Irrevocable Power Of Attorney 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 721 SC - Irrevocable Power Of Attorney. You can use this to get an idea of the context of the form and what type of information is needed.

JDF 721SC R6/19 IRREVOCABLE POWER OF ATTORNEY DESIGNATING CLERK OF COURT AS AGENT FOR SERVICE OF PROCESS Page 1 of 1 ❑District Court ❑Denver Probate Court __________________ County, Colorado Court Address: ❑In the Interest of: ❑In the Matter of the Estate of: COURT USE ONLY Attorney or Party Without Attorney (Name and Address): Phone Number: E-mail: FAX Number: Atty. Reg.#: Case Number: Division Courtroom IRREVOCABLE POWER OF ATTORNEY DESIGNATING CLERK OF COURT AS AGENT FOR SERVICE OF PROCESS I, (nominated fiduciary), a nonresident of the State of Colorado, irrevocably designate and appoint the clerk of this court, and any successor in that office, as the person upon whom may be served all notices and process issued by a court or tribunal in the State of Colorado. This power of attorney is applicable only for notices and process issued to me in my fiduciary capacity and that affect or pertain to the above captioned matter. This power of attorney must not be affected by my disability and it will terminate upon my final discharge. VERIFICATION AND ACKNOWLEDGMENT I, _____________________________________(name) swear/affirm under oath, that I have read the foregoing IRREVOCABLE POWER OF ATTORNEY DESIGNATING CLERK OF COURT AS AGENT FOR SERVICE OF PROCESS and that the statements set forth therein are true and correct to the best of my knowledge. __________________________________________ ____________________________________ Printed name Signature Date Subscribed and affirmed, or sworn to before me in the County of ______________________, State of ________________, this ___________ day of _______________, 20 _______. My Commission Expires: ________________________ _________________________________ Notary Public/Clerk Note: • The address provided to the court is the address where the clerk of court will forward all notices and processes. Therefore, it is important that you provide current contact information to the court in writing.