Petition For Adjudication Of Intestacy 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.

Petition For Adjudication Of Intestacy 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 Petition For Adjudication Of Intestacy And Formal Appointment Of Personal Representative

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Adjudication Of Intestacy And Formal Appointment Of Personal Representative:

• This form pertains to the State of Colorado

• The current version of this form was last revised on June 1, 2021

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 922 SC - Petition For Adjudication Of Intestacy 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 922 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 922 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 922 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 Petition For Adjudication Of Intestacy 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 922 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 922 SC, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Adjudication Of Intestacy 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 922 SC - Petition For Adjudication Of Intestacy 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.

Petition For Adjudication Of Intestacy 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 922 SC - Petition For Adjudication Of Intestacy 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 922SC R6/21 PETITION FOR ADJUDICATION OF INTESTACY AND FORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE Page 1 of 5 qDistrict Court qDenver Probate Court ___________________ County, Colorado Court Address: In the Matter of the Estate of: Deceased COURT USE ONLY Attorney or Party Without Attorney (Name and Address): Phone Number: E-mail: FAX Number: Atty. Reg. #: Case Number: Division Courtroom PETITION FOR ADJUDICATION OF INTESTACY AND FORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE ****** Use this form if the decedent did not leave a will ******* The petitioner, an interested person pursuant to § 15- 10- 201(27), C.R.S., makes the following statements: 1. Information about the petitioner: Name: Relationship to Decedent Street Address: City: _________________________ State: _________ Zip Code: ___________________________ Mailing Address, if different: City: State: Zip Code: Primary Phone: ___________________ Alternate Phone: ____________________________ Email Address: 2. The decedent, __________, died on (date) at the age of years. The decedent was domiciled or resided in the City of County of , State of . 3. Venue for this proceeding is proper in this county because the decedent: qhad his or her domicile or residence in this county on the date of death. qdid not have his or her domicile or residence in Colorado, but had property located in this county on the date of death. 4. This petition is filed within the time period permitted by law. Three years or less have passed since the decedent’s death, or circumstances described in § 15- 12- 108, C.R.S. authorize tardy probate or appointment. 5. The Petitioner: qhas not received a Demand for Notice of Filings or Orders and is unaware of any Demand for Notice of Filings or Orders concerning Decedent. qhas received or is aware of a Demand for Notice of Filings or Orders concerning Decedent. See attached Demand for Notice of Filings or Orders or explanation. JDF 922SC R6/21 PETITION FOR ADJUDICATION OF INTESTACY AND FORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE Page 2 of 5 6.qNo court has appointed a personal representative and no such appointment proceeding is pending in this state or elsewhere. qA court has appointed a personal representative or an appointment proceeding is pending in the State of . (A ttach a statement explaining the circumstances and indicating the name and address of the personal representative. Attach a certified copy of the appointing document if the appointment has been finalized.) 7.Except as may be disclosed on an attached explanation and after the exercise of reasonable diligence, the petitioner is unaware of any unrevoked will relating to property located in Colorado. 8.Deced ent’s marital and family status: a)Did a spouse or partner in a civil union survive the decedent? qYes qNo b)Did the decedent have a surviving parent? qYes qNo c)Did the decedent have surviving children or other descendants?qYes qNo d)Does the decedent’s surviving spouse or partner in a civil union have surviving descendants who are not descendants of the decedent? qYes qNo e)Are all of the decedent’s surviving descendants also descendants of the surviving spouse or partner in a civil union?qYes qNo f)Are any of the decedent’s children minors?qYes qNo 9. List names and addresses of the decedent’s spouse, partner in a civil union, children, and other heirs as defined by the Colorado law of intestate succession. (§§ 15- 11- 101, C .R.S. through 15- 11- 114, C.R.S.) uIf a guardian or conservator has been appointed for one of the persons listed below, also provide the name and address of the guardian or conservator. uIf a mino r child is listed, list the child’s parent(s), guardian or conservator. uIf a spouse, partner in a civil union, or child has predeceased the decedent, include the date of death. uA sample of this section is included in the Instructions - JDF 907. Name Address or Date of Death Age, only if Minor Relationship (e.g. spouse, partner in a civil union, child, brother, guardian for spouse, etc.) 10.qPetitioner is 21 years of age or older and nominates himself or herself to be appointed as personal representative. Or qPetitioner is 21 years of age or older and nominates himself/herself to be appointed as co-personal representative along with the following as a co-personal representative. JDF 922SC R6/21 PETITION FOR ADJUDICATION OF INTESTACY AND FORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE Page 3 of 5 Name: The Nominee is 21 years of age or older. Street Address: City: _________________________ State: _________ Zip Code: _____________________ Mailing Address, if different: City: State: Zip Code: Primary Phone: _____________________________ Alternate Phone: ____________________________ Email Address: Or qPetitioner nominates the following person be appointed as personal representative. Name: The Nominee is 21 years of age or older. Street Address: City: _____________________ State: ___________________ Zip Code: ______________________ Mailing Address, if different: City: State: Zip Code: Primary Phone: ________________________ Alternate Phone: _________________________________ Email Address: 11.The Nominee has priority for appointment because of: qstatutory priority. (§ 15-12- 203, C.R.S.) qreasons stated in the attached explanation. Persons with prior or equal rights to appointment are as follows: All person(s) (other than those identified in Paragraph 10 above) with prior or equal right to appointment have renounced their right to appointment (JDF 912SC). All required renouncements accompany this petition. 12. qBond is being demanded by an interested person. (Complete #13 below.) qBond in the amount of $__________________________ has been demanded. qBond is not being demanded. (Skip #13 below.) 13.Petitioner states the following regarding the decedent’s estate, if required by § 15-12- 604, C.R.S. Estimated value of real estate $ Estimated value of personal property $ Annual income expected from all sources $ TOTAL $ 14.The personal representative may receive compensation. qThe hourly rates to be charged, any amounts to be charged pursuant to a published fee schedule, including the rates and basis for charging fees for any extraordinary services, and any other bases upon which a fee charged to the estate will be calculated, are as stated below or in an attachment to this petition. * JDF 922SC R6/21 PETITION FOR ADJUDICATION OF INTESTACY AND FORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE Page 4 of 5 qThe basis of compensation has not yet been determined. *There is a continuing obligation to disclose any material changes to the basis for charging fees. (§ 15-10- 602 C. R.S.) 15.The personal representative may compensate his, her or its counsel. qThe hourly rates to be charged, any amounts to be charged pursuant to a published fee schedule, including th e rates and basis for charging fees for any extraordinary services, and any other bases upon which a fee charged to the estate will be calculated, are as stated below or in an attachment to this petition. * qThe basis of compensation has not yet been determined. *There is a continuing obligation to disclose any material changes to the basis for charging fees. (§ 15-10- 602 C. R.S.) 16. qUnsupervised administration is requested. qSupervised administration is requested (additional filing fee required). Terms of the requested supervision are as follows: Af ter notice and hearing, the petitioner requests that the court determine that the decedent died without a will, determine the heirs of the decedent and formally appoint the nominee as personal representative to serve: qwithout bond qwith bond in the amount of $ qin unsupervised administration qin supervised administration (additional filing fee required) an d that Letters of Administration be issued or that previously issued Letters be confirmed. Petitioner also requests: qa setting aside of prior informal findings as to testacy. qa setting aside of prior informal appointment of personal Representative. qother: JDF 922SC R6/21 PETITION FOR ADJUDICATION OF INTESTACY AND FORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE Page 5 of 5 q By checking this box, I am acknowledging I am filling in the blanks and not changing anything else on the form. q By checking this box, I am acknowledging that I have made a change to the original content of this form. VERIFICATION I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct. Executed on the ______ day of Executed on the ______ day of (date) (date) _______________________, _________, _______________________, _________, (month) (year) (month) (year) at ______________________________________ at ______________________________________ (city or other location, and state OR country) (city or other location, and state OR country) _______________________________ _______________________________ (printed name) (printed name) _______________________________ _______________________________ (Signature of Petitioner) (Signature of Co-Petitioner, if any) _________________________________________ __________________ Attorney Signature, (if any) Date Note: • Please remember to add any AKA names in the caption, if applicable.