Order Of Intestacy, Determination Of Heirs And Formal Appointment Of Personal Representative

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.

Order Of Intestacy, Determination Of Heirs And Formal Appointment Of Personal Representative 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 Order Of Intestacy, Determination Of Heirs And Formal Appointment Of Personal Representative

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Order Of Intestacy, Determination Of Heirs And Formal Appointment Of Personal Representative:

• This form pertains to the State of Colorado

• The current version of this form was last revised on September 1, 2018

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 923 SC - Order Of Intestacy, Determination Of Heirs And Formal Appointment Of Personal Representative 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 923 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 923 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 923 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 Order Of Intestacy, Determination Of Heirs And Formal Appointment Of Personal Representative 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 923 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 923 SC, and when in doubt— consult a qualified trust & estates lawyer for that area.

Order Of Intestacy, Determination Of Heirs And Formal Appointment Of Personal Representative 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 923 SC - Order Of Intestacy, Determination Of Heirs And Formal Appointment Of Personal Representative 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.

Order Of Intestacy, Determination Of Heirs And Formal Appointment Of Personal Representative 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 923 SC - Order Of Intestacy, Determination Of Heirs And Formal Appointment Of Personal Representative. You can use this to get an idea of the context of the form and what type of information is needed.

JDF 923SC R9/18 ORDER OF INTESTACY, DETERMINATION OF HEIRS AND Page 1 of 2 FORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE District Court Denver Probate Court ___________________ County, Colorado Court Address: In the Matter of the Estate of: Deceased COURT USE ONLY Case Number: Division: Courtroom: ORDER OF INTESTACY, DETERMINATION OF HEIRS AND FORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE Upon consideration of the Petition for Adjudication of Intestacy and Formal Appointment of Personal Representative filed by (petitioner) on (date), THE COURT FINDS, DETERMINES, AND ORDERS: 1.The petitioner is an interested person and has filed a complete and verified petition. 2.The decedent died on (date) and 120 hours have elapsed since the decedent’s death. 3.The decedent was domiciled or resided in the City of County of , State of . 4.Venue is proper in this county. 5.The petition was filed within the time period permitted by law. 6.Any required notices have been given or waived. 7.The decedent did not leave a will. The prior informal finding as to testacy is set aside. JDF 923SC R9/18 ORDER OF INTESTACY, DETERMINATION OF HEIRS AND Page 2 of 2 FORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE 8.The heirs of the decedent are: Name Relationship (e.g. spouse, partner in a civil union, child, brother, guardian for spouse, etc.) Share/Percentage of Estate 9.The following person is qualified to serve and is appointed or confirmed as personal representative: Name: The Nominee is 21 years of age or older. Phone: Street Address: City: ________________________ State: ________ Zip Code: _________________ Mailing Address, if different: City: State: Zip Code: Primary Alternate Phone: ________________________ Email Address: The prior informal appointment of (name) is set aside and the Letters are revoked. 10.The personal representative will serve without bond. with bond in the amount of $ . in unsupervised administration. in supervised administration as described in an attachment to this order. 11.Letters of Administration will be issued or previously issued letters are confirmed. Date: ________________________________ ______________________________________ Judge Magistrate