District Court Denver Probate Court ____________________________________ County, Colorado Court Address: IN THE MATTER OF THE ESTATE OF: COURT USE ONLY Deceased Attorney or Party Without Attorney (Name and Address): Case Number: Phone Number: FAX Number: Division E-mail: Atty. Reg. #: Courtroom PETITION FOR FORMAL PROBATE OF WILL AND FORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE 1. Petitioner, (Name) __________________________________________________________________________________ as _____________________________________________________, is an interested person. (§15-10-201, C.R.S.) 2. The decedent died on the date of __________________________________________, at the age of ____________years, domiciled in the City of ___________________, County of ___________________, State of ________________________. 3. Venue for this proceeding is proper in this county because the decedent: was a domiciliary of this county on the date of death. was not a domiciliary of Colorado, but property of the decedent was located in this county on the date of death. 4. No personal representative has been appointed by a Court in this state or elsewhere. A personal representative of the decedent has been appointed by a Court in this state or elsewhere as shown on the attached explanation. (§15-12-301, C.R.S.) 5. 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. has received, or is aware of, a demand for notice. See attached demand or explanation. 6. The date of decedent’s last will is _____________________________. The dates of all codicils are _________________ _________________________________________________________________________________________________. The will and any codicils are referred to as the will. The will: was deposited with this Court before the decedent’s death. (§15-11-515, C.R.S.) has been lodged with this Court since the decedent’s death. (§15-11-516, C.R.S.) is filed with this petition. has been probated in the State of ______________________________. Authenticated copies of the will and of the statement probating it are filed with this petition. (§15-12-402, C.R.S.) is lost, destroyed, or otherwise unavailable. See attached explanation. (§15-12-402, C.R.S.) 7. Except as may be disclosed on an attached explanation and after the exercise of reasonable diligence, petitioner is unaware of any instrument revoking the will, is unaware of any prior wills which have not been expressly revoked by a later instrument, and believes that the will is the decedent’s last will and was validly executed. 8. No statutory time limitation applies to the commencement of these proceedings. (§15-12-108, C.R.S.) More than 3 years have passed since 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 petition. 9. ________________________________________________________________________________________________ Name, address, and telephone number of the nominee for Personal Representative ________________________________________________________________________________________________ is 21 years of age or older, and has priority for appointment because of: CPC 9 R7/04 PETITION FOR FORMAL PROBATE OF WILL AND FORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE Page 1 of 2 This form conforms in substance to CPC 9. American LegalNet, Inc. www.USCourtForms.com nomination by the will. statutory priority. (§15-12-203, C.R.S.) reasons stated in the attached explanation. 10. The nominee is to serve: without bond with bond (§15-12-604, C.R.S.) 11. The decedent was in unsupervised administration in supervised administration was not married at time of death. 12. 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.) NAME (Include spouse, if any) ADDRESS (or date of death) AGE AND DATE OF BIRTH OF MINORS (or nature of disability) INTEREST AND RELATIONSHIP (See instructions) PETITIONER REQUESTS that the Court set a time and place of hearing; that notice be given to all interested persons as provided by law; that after notice and hearing, the Court determine the heirs of the decedent and formally admit the decedent’s will to probate; that the nominee: be formally appointed as personal representative be formally confirmed as personal representative without bond with bond in unsupervised administration in supervised administration (additional fee required) and that Letters Testamentary be issued to the personal representative or confirmed. Petitioner also requests: a setting aside of prior informal findings as to testacy, a setting aside of prior informal appointment of personal representative, _____________________________________________________________________________________________ _________________________________________________ Signature of Attorney for Petitioner Date (Type or Print name below) ________________________________________________ Signature of Petitioner Date (Type or Print name, address and telephone # below) _________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ INSTRUCTIONS FOR PARAGRAPH 12: 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, §§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. (§§15-11-101 to 114, C.R.S.) Attach additional sheets if necessary. CPC 9 R7/04 PETITION FOR FORMAL PROBATE OF WILL AND FORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE Page 2 of 2 This form conforms in substance to CPC 9. American LegalNet, Inc. www.USCourtForms.com