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Get Your Questions Answered – Call Me To Schedule Your 30 Minute Phone Consultation (719) 985-8192
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This depends on whether or not there is a will. If your loved one has a will, a personal representative is named in the will, along with an alternative representative if the first person can not fulfill that role.
If there is no will and your loved one’s estate is intestate, the court will appoint a personal representative of the estate based on Colorado intestate statutes. The statutes provide that a surviving spouse is given first priority for this role, followed by adult children. All adult children would have an equal standing and would then be followed by surviving siblings, parents, and grandparents of the deceased. Extended relatives are given the last priority.
If you apply for this role, you must get a formal renunciation of responsibilities from anyone who has a higher or equal priority according to intestate statutes. If this doesn’t happen, you will have to schedule a hearing in court on a non-appearance docket. This simply means the court will send out notice of the hearing, and if no one responds to contest your application, your application is granted. If someone does respond to contest your application, a hearing is scheduled to determine who the personal representative should be.
Personal representatives are fiduciaries. This means that they must treat the property under their care as though it were the property of another person because, legally, it is. They are not permitted to do anything with that property that is self-serving and must…
If you are chosen as a personal representative, you will not have to maintain assets or pay outstanding bills with your own money; this is done with money from the estate. If the estate doesn’t have the resources to cover those expenses, you can apply for a public administrator to take over care of the estate.
Attorney Tammy Akers is a caring, knowledgeable estate planning attorney serving Colorado. For 40 years, she’s helped clients just like you chose a responsible, objective estate representative and guided representatives through their roles with care, clarity, and focus.
Have questions, or in need of legal help? Reach out to the Law Firm of Tammy W. Akers, LLC. for an initial consultation today.
Anyone who is likely to receive anything from the estate can challenge the actions of the personal representative if they feel that person is not fulfilling their duties. For example, if the personal representative of your father’s estate is not paying the mortgage and the home is now in danger of going into foreclosure, you can petition the court to have that representative ordered to either fulfill their duties or else step down so a new representative can be appointed.
I often see personal representatives fail to understand that the will is what controls how probate unfolds and how assets are distributed. A personal representative may believe they know a better way to distribute assets and assume that because they are “in charge”, they can override the will. That is not the case. The will is what covers and governs how assets are to be divided, not the estate’s representative.
For example, if a will dictates that a home is to be maintained as a family home, the representative can not change that and decide to sell the home unless they seek and obtain permission from the court.
There are a lot of ways an attorney can help a personal representative fulfill their role. For example, if you are named as a personal representative, we will explain the role to you and help you understand your responsibilities, what you can and can not do, and what it means to be a fiduciary.
If you are not especially good with numbers (which is perfectly alright, as many people struggle with this), we can recommend an accountant for you to use. We can help you prepare the needed paperwork and act as a guide to help you fulfill your role, making sure that assets are gathered, any property is maintained, and that all bills are paid before assets are finally distributed to heirs.
An ideal personal representative will be objective, won’t be controlled by emotional tensions within the family, and must distribute assets according to the wording of the will, in spite of what they may think of beneficiaries on a personal level. This can be a taxing job, and I have often helped clients choose the best person for the role as they are drafting their wills.
In other cases, a client may have hoped to name one of their children as a personal representative, but their children simply don’t get along. In these cases, I will recommend that a trusted friend or a professional fiduciary take over that role. Sadly, the stresses of probate can often damage sibling relationships, and allowing an experienced attorney to guide the process can help preserve family peace and make sure things are handled more objectively.
For more information on choosing a personal representative for Colorado probate, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (719) 985-8192 today.
Attorney Tammy Akers is a caring, knowledgeable estate planning attorney serving Colorado. For 40 years, she’s helped clients just like you chose a responsible, objective estate representative and guided representatives through their roles with care, clarity, and focus.
Have questions, or in need of legal help? Reach out to the Law Firm of Tammy W. Akers, LLC. for an initial consultation today.
