Petition For Appointment Of Conservator

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 Appointment Of Conservator 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 Appointment Of Conservator

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Appointment Of Conservator:

• 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 861 SC - Petition For Appointment Of Conservator 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 861 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 861 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 861 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 Appointment Of Conservator 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 861 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 861 SC, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Appointment Of Conservator 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 861 SC - Petition For Appointment Of Conservator 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 Appointment Of Conservator 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 861 SC - Petition For Appointment Of Conservator. You can use this to get an idea of the context of the form and what type of information is needed.

JDF 861SC R6/19 PETITION FOR APPOINTMENT OF CONSERVATOR FOR MINOR Page 1 of 7 District Court Denver Probate Court ___________________ County, Colorado Court Address: In the Interest of: Minor 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 APPOINTMENT OF CONSERVATOR FOR MINOR 1. No court proceeding is pending in this state or elsewhere concerning the respondent. The following proceeding(s) concern(s) the respondent. Identify name of court, case number, state, date, and type of proceeding if any. Name of Court Case Number State Date of Proceeding Type of Proceeding 2. The petitioner is: a person who would be adversely affected by lack of effective management of the minor’s property and business. a person who is interested in the estate, financial affairs, or welfare of the minor. the minor and is 12 years of age or older. This is a petition for appointment of a: Conservator. (Note: the appointment will expire when the Minor reaches the age of 21, unless otherwise ordered by the court.) Special Conservator. While a petition to establish a conservatorship is pending, a special conservator is needed to preserve and apply the minor’s property as may be required for the support of the minor or individuals who are dependent upon the Minor. Special Conservator. A special conservator is necessary to assist in the accomplishment of the following protective arrangement or other single transaction. A permanent conservatorship is not requested. 3. Information about the petitioner: Name: List all names used (also known as, formerly known as, etc.): __________________________________________ Relationship to Minor: Street Address: City: _________________ State: _________ Zip Code: __________________________ JDF 861SC R6/19 PETITION FOR APPOINTMENT OF CONSERVATOR FOR MINOR Page 2 of 7 Mailing Address, if different: City: State: Zip Code: Primary Phone: __________________ Alternate Phone: ___________________________ Email Address: Does Petitioner need an interpreter? No Yes (Language:______________________________) 4. Information about the minor: Name: Age: Date of Birth: Street Address: City: __________________ State: _________ Zip Code: ___________________________ Mailing Address, if different: City: State: Zip Code: Primary Phone: _________________________________ Alternate Phone: __________________ Email address: Does the minor need an interpreter? No Yes (Language:______________________________) 5. Information about the minor’s parents: Parent’s Name: Deceased Unknown (attach Birth Certificate) Street Address: City: __________________ State: _________ Zip Code: ___________________________ Mailing Address, if different: City: State: Zip Code: Primary Phone: ________________________ Alternate Phone: ___________________________ Email Address: Does this person need an interpreter? No Yes (Language:______________________________) Parent’s Name: Deceased Unknown (attach Birth Certificate) Street Address: City: __________________ State: _________ Zip Code: ___________________________ Mailing Address, if different: City: State: Zip Code: Primary Phone: ____________________________ Alternate Phone: ___________________________ Email Address: Does this person need an interpreter? No Yes (Language:______________________________) 6. Venue for this proceeding is proper in this county because the minor resides in this county. does not reside in this state but has property in this county. JDF 861SC R6/19 PETITION FOR APPOINTMENT OF CONSERVATOR FOR MINOR Page 3 of 7 7. A conservator is required because of the minor’s age. The minor owns or will receive money or property that requires management or protection that cannot otherwise be provided; and/or has or may have business affairs that may be put at risk or prevented because of his or her age; and/or needs money for support and education and protection is necessary or desirable to obtain or provide money. 8.  A conservator is required for reasons other than the minor’s age. The minor is unable to manage property and business affairs because he or she is unable to effectively receive and evaluate information or both or to make or communicate decisions, even with the use of appropriate and reasonably available technological assistance due to the following disabilities or impairments: Physician’s letter attached. In addition: the Minor has property that will be wasted or dissipated unless proper management is provided. and/or the Minor, or persons entitled to the Minor’s support, require money for support, care, education, health, and welfare, and protection is necessary or desirable to obtain or provide money. 9. A conservator is required because the minor is missing, detained, or unable to return to the United States. The nature of the minor’s disappearance or detention and any efforts to locate the minor are as follows: 10. The petitioner requests the conservator’s powers and duties be unlimited/unrestricted or limited/with restrictions. The property to be placed under the conservator’s control and the requested limitations/restrictions on the conservator’s powers and duties, if any, are as follows: 11. The petitioner requests the special conservator’s powers and duties be unlimited or unrestricted or limited or with restrictions. The property to be placed under the special conservator’s control and the requested limitations/restrictions on the Special Conservator’s powers and duties, if any, are as follows: JDF 861SC R6/19 PETITION FOR APPOINTMENT OF CONSERVATOR FOR MINOR Page 4 of 7 12. Petitioner is 21 years of age or older, nominates himself or herself and requests to be appointed as conservator or special conservator. or Petitioner nominates the following person, who is 21 years of age or older, to be appointed as conservator or special conservator. Name: List all names used (also known as, formerly known as, etc.): __________________________________________ Relationship to Minor: Street Address: City: _____________________ State: ________________ Zip Code: _____________________ Mailing Address, if different: City: State: Zip Code: Primary phone: _____________________ Alternate phone: _____________________________ Email Address: Does this person need an interpreter? No Yes (Language:______________________________) 13. The nominated conservator has priority for appointment because he or she is: nominated by the minor and the minor is 12 years of age or older. (Attach Consent or Nomination of Minor - JDF 826). an interested person. (State nature of interest.) 14. The conservator may receive compensation. The 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 861SC R6/19 PETITION FOR APPOINTMENT OF CONSERVATOR FOR MINOR Page 5 of 7 The 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 conservator may compensate his, her, or its counsel. The 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. * The 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. Sections a and b below identify assets and the source and amount of estimated income (public benefits, real property, proceeds from insurance policy, proceeds from pension, etc.) of the minor, together with an estimate of the value . a. The minor’s assets are: Description of Assets (e.g. bank accounts, property) None. Estimated Value $ $ $ Total $ b. The Minor’s income is: Description of Income (e.g. social security, insurance or pension) None. Estimated Amount of Income $ $ $ Total $ 17. The following person is currently acting as Guardian or Conservator for the Minor in Colorado or elsewhere: Name: Relationship to Minor: Street Address: City: ________________ State: _________________ Zip Code: ___________________________ Mailing Address, if different: City: State: Zip Code: JDF 861SC R6/19 PETITION FOR APPOINTMENT OF CONSERVATOR FOR MINOR Page 6 of 7 Primary Phone: _____________________________ Alternate Phone: ______________________ Email Address: Does this person need an interpreter? No Yes (Language:______________________________) 18. The minor’s parents are deceased. The following person is the adult relative nearest in kinship that can be found with reasonable efforts: Name: Relationship to Minor: Street Address: City: ___________________ State: ___________ Zip Code: ___________________ Mailing Address, if different: City: State: Zip Code: Primary Phone: ________________________ Alternate Phone: ________________________ Email Address: Does this person need an interpreter? No Yes (Language:______________________________) 19. The following person had the primary care and custody of the minor during the 60 days prior to the filing of this petition: Name: Relationship to Minor: Street Address: City: ____________________ State: ________________________ Zip Code: __________________ Mailing Address, if different: City: State: Zip Code: Primary Phone: _________________________ Alternate Phone: _______________________ Email Address: Dates of Care: Does this person need an interpreter? No Yes (Language:______________________________) 20. The following person is a legal representative for the minor not otherwise designated above. (Representative payee, trustee, custodian of a trust, etc. § 15-14-102(6), C.R.S.) Name: Type of Legal Representative: Street Address: ___________________________________________________________ City: __________________ State: ________________ Zip Code: _____________________ Mailing Address, if different: City: State: Zip Code: Primary Phone: ____________________ Alternate Phone: ___________________________ Email Address: 21. The Petitioner requests than an appointment of a Conservator be made after notice and hearing. JDF 861SC R6/19 PETITION FOR APPOINTMENT OF CONSERVATOR FOR MINOR Page 7 of 7 In addition, the Petitioner requests the following:  By checking this box, I am acknowledging I am filling in the blanks and not changing anything else on the form.  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