COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. District Court Denver Probate Court : Calendar No. _________________________________________ County, Colorado Court Address: : JUDICIAL SUBPOENA Plaintiff(s) -against- IN THE MATTER OF THE ESTATE OF: : : : Deceased Defendant(s) : . . . Attorney . . .Party Without. Attorney. (Name. and .Address):. . . . . . . . . . . . . or . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Phone Number: COURT USE ONLY Case Number: E-mail: THE PEOPLE OF THE STATE OF NEW YORK #: FAX Number: Atty. Reg. Division Courtroom PETITION FOR FORMAL APPOINTMENT OF SPECIAL ADMINISTRATOR TO 1. Petitioner, (Name) _______________________________________________, as ________________________________ ______________________________________(state nature of interest), is an interested person. (Section 15-10-201, C.R.S.) 2. The decedent GREETINGS: died on the date of __________________________________________, at the age of ____________years, domiciled in the __________________________County of ___________________________________, State of Colorado. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before 3. Venue for this proceeding is proper in this county because the decedent: , the Honorable at the Court located date County was a domiciliary of this county on theat of death. of in room was not a domiciliary of Colorado, but property of 20 decedent was located in in the , on the day of , the , at o'clock this county on the date of death. noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the 4. Petitioner: has not received a demand for notice and is unaware of any demand for notice of any probate or appointment proceeding concerning the decedent that may have been filed in this state or elsewhere. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to has the party onreceived, behalf this of, a demand for issued for aattached demand or explanation. all damages sustained as a whose or is aware subpoena was notice. See maximum penalty of $50 and result of your failure to comply. on an attached explanation, petitioner is unaware of any unrevoked will relating to property Except as may be disclosed 5. located in this state. Witness, Honorable , one of the Justices of of The date of decedent’s last will is _____________________________________________. The datesthe all codicils are Court in______________________________________________. The will and any codicils are referred to as the will. The will County, day of , 20 was deposited with this Court before the decedent’s death. (Section 15-11-515, C.R.S.) has been delivered to this Court since the decedent’s death. (Section 15-11-516, C.R.S.) name below) (Attorney must sign above and type is filed with this petition. has been probated in the State of ___________________________. Authenticated copies of the will and of the Attorney(s) for statement probating it are filed with this petition. (Section 15-12-402, C.R.S.) is lost, destroyed, or otherwise unavailable. (See attached explanation.) (Section 15-12-402, C.R.S.) 6. No personal representative has been appointed in this state or elsewhere. Office and P.O. Address A personal representative has been appointed in this state or elsewhere as shown on the attached explanation. (Section 15-12-301, C.R.S.) 7. Petitioner requests appointment of a special administrator to preserve the estate or to secure its proper administration Telephone No.: (Section 15-12-614 (1)(b), C.R.S.) for the following reasons: Facsimile No.: E-Mail Address: PETITION FOR FORMAL APPOINTMENT OF SPECIAL ADMINISTRATOR Mobile Tel. No.: CPC 15-P R7/03 This form conforms in substance to CPC 15-P. Page 1 of 2 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : 8. Index No. No more than 3 years have passed since the decedent’s death. (Section 15-12-108, C.R.S.) : Calendar No. More than 3 years have passed since the decedent’s death. A statutory time limitation would apply to the : commencement of these proceedings except for the circumstances described in an attachment to this application. JUDICIAL SUBPOENA Plaintiff(s) 9. __________________________________________________________________________________________________ -against: Name, address and telephone number of the nominee for Special Administrator __________________________________________________________________________________________________ : is 21 years of age or older, and has priority for appointment because of: nomination by the will as personal representative. : statutory priority. (Sections 15-12-203 and 615, C.R.S.) Defendant(s) : . . . . . . .reasons. stated.in .the attached. explanation.. . . . . . . . . . . . . . . . . ..... .... . ........ ........ 10. Listed below are the names and addresses of decedent’s spouse, children, heirs and devisees, and the names and addresses of guardians or conservators of incapacitated or protected persons. See instructions below: THE PEOPLE OF THE STATE OF NEW YORK NAME TO ADDRESS (Include spouse, if any) (or date of death) AGE AND DATE OF BIRTH OF MINORS INTEREST AND RELATIONSHIP (or nature of disability) (See instructions) GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the PETITIONER REQUESTS the Court, after hearing, to appoint (Name) ____________________________________________, as special administrator to serve without bond with bond in the amount of $ ________________________________ Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to with whose the party onnotice behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result ofwithoutfailure because an emergency exists and appointment should be made forthwith. (Section 15-12-614, C.R.S.) your notice to comply. and that Letters of Special Administration be issued. Witness, Honorable Court in _________________________________________ , 20 County, day of DATE: _______________________________________________ , one of the Justices of the Date ________________________________________________ (Attorney must sign above and type name below) Signature of Petitioner Date (Type or Print name, address and telephone # below) _______________________________________________ ________________________________________________ Signature of Attorney for Petitioner (Type or Print name below) Attorney(s) for ________________________________________________ ________________________________________________ ________________________________________________ INSTRUCTIONS FOR PARAGRAPH 10: Office and P.O. Address Include any statements of legal disability or other incapacity required by Rule 10, C.R.P.P. List the names and dates of death of any deceased devisees. (See applicable antilapse statute, Sections 15-11-601 and 603, C.R.S.) Where a listed person is an heir, detail the relationship to the decedent which creates heirship. Examples: son, daughter of pre-deceased son. (Sections 15-11-101- 114, C.R.S.) Telephone No.: Attach additional sheets if necessary. Facsimile No.: E-Mail Address: PETITION FOR FORMAL APPOINTMENT OF SPECIAL ADMINISTRATOR Mobile Tel. No.: CPC 15-P R7/03 This form conforms in substance to CPC 15-P. Page 2 of 2 American LegalNet, Inc. www.USCourtForms.com