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Colorado Court Records

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Denver County Probate Records

Denver County Probate records refer to official documents containing instructions on the distribution of a deceased person's estate under the supervision and oversight of the probate court. Like other Denver County court records, probate records typically help verify inheritance claims, conduct genealogical research, perform historical property title searches, and resolve estate disputes.

Probate Records generally include estate inventories, wills, letters of administration, petitions, court orders, dockets, financial accountings, and creditor claims. Together, these documents establish heirs, ensure a fair distribution of assets, and settle outstanding debt.

In Denver County, probate proceedings are only required when a person dies without a valid trust or when the estate they left behind exceeds a stated value threshold stipulated under Colorado law.

The state uses formal and informal probate procedures, making Denver County's probate system unique. When there are no disputes, informal probate is used. On the other hand, complicated estate issues or contested wills necessitate official probate. For matters requiring direct judicial supervision, the probate court also offers options for supervised administration.

Interested parties can also review the updated probate forms, such as JDF 907-Application for Informal Probate or JDF 906-Petition for Formal Probate.

Are Probate Records Public?

Denver County probate records are typically considered public records and are, therefore, accessible to the public. According to the Colorado Open Records Act (CORA) and Colorado Revised Statutes (C.R.S.) Title 15 (Probate Code), members of the public are at liberty to obtain copies of probate records in Denver County except for confidential records according to law.

In Denver County, the following records are considered confidential and, therefore, not available for public review. Only parties involved in the case and individuals with a judicial order are allowed access to such records.

  • Capacity declarations
  • Medication reports
  • Fee waiver applications
  • Financial statements
  • Investigative reports related to proposed conservatorships or guardianships

What is Probate Court in Denver County?

The Denver Probate Court, also called the 24th Judicial District, is responsible for the entire city and County of Denver. The Denver County Probate Court was created and functions according to Article VI Section 9(3) of the Colorado constitution, which grants the court exclusive jurisdiction over all probate matters. These probate matters typically include the following:

  • Will execution
  • Estate settlements
  • Appointment and oversight of guardians, conservators, and administrators
  • Mental health adjudications and other legal responsibilities as defined by Colorado law
  • Extreme Risk Protection Order as filed in Denver County.

Below is the address for Denver County Probate Court:

Denver Probate Court
City and County Building
1437 Bannock Street, Room 230
Denver, CO 80202
Phone: (303) 606-2303

The Denver Probate Court was established as a component of a larger legislative initiative to reform the state's legal system. Before its establishment, county courts, municipal courts, and justices of the peace handled mental health, juvenile law, and probate disputes.

Probate Court Case Lookup

Individuals interested in accessing probate court records can do so by contacting the Denver Probate Court at the address provided above or the clerk's office. It is worth noting that the Denver Probate Court does not offer access to case records via remote or online databases. Individuals interested in records can submit a request through mail or mail. All valid mail requests should contain details relevant to the case, including full names, date of death, county of residence, and the requestor's contact details. This should equally be accompanied by a check for the required fee, a self-addressed stamped envelope, and all completed requests should be sent via U.S Mail to:

Denver Probate Court
City and County of Denver,
City and County Building
1437 Bannock Street, Room 230
Denver, CO 80202–5382

Noteworthy Considerations:

Requesters are to take note of the following fees:

  • Copies of record: $0.25 per page
  • Search Fee: $5.00 per name
  • Certification: $20.00 plus $0.25 per page for copies (applies to a single document or multiple documents)
  • Exemplification: $20.00 plus $0.25 per page for copies (applies to a single document or multiple documents)
  • Off-site file retrieval (if required): $15.00
  • Postage: Cost varies based on request details.

Online Search: Alternatively, individuals unable to request records via mail or physical visit can do so through the Colorado Courts E-Filing System (CoCourts) or the ICCES (Integrated Colorado Courts E-Filing System.

How to Find Probate Records Online Free

To find Denver County Probate records at no cost, interested individuals can visit Denver County websites and state-run portals that provide public records searches. Certain government sites provide basic probate case information through digital archives or online databases.

The Colorado Judicial Branch also grants access to relevant resources for locating probate records. Additionally, certain third-party websites grant access to probate court records. While basic records can be obtained at a cost, deep, comprehensive searches typically require a fee. While these records may be available at no cost, researchers are advised to confirm the authenticity of documents obtained from third-party websites, as they are not affiliated with the government or court.

How Long Does Probate Take in Colorado?

In Colorado, the duration of probate varies based on numerous factors. While certain estates may be settled in as little as 6 months, some others can take as long as two years or more. Below are some factors that generally influence the duration of probate in the state of Colorado.

  • Size of estate and complexity
  • Disputes over the validity or interpretation of the will
  • The presence or absence of court supervision.
  • Colorado state law mandates a minimum period during which creditors can file claims against the estate; as such, probate with creditor claims usually takes longer.
  • Personal representative efficiency.

Are Wills Public Record?

Yes, in Colorado state, wills become public records once they are filed for probate. When wills are submitted to the Denver Probate Court, they generally become accessible to the public for review or perusal.

Nonetheless, wills filed with the court for safekeeping prior to the testator's passing are not open records. According to Colorado Revised Statutes § 15-11-515, such wills are only accessible with a court order or evidence of the testator's passing. Additionally, certain probate documents may be sealed upon request if they include sensitive information.

How to Find Out If Someone Has a Will

In Denver County, Wills typically remain confidential during a testator's lifetime and can only be accessed with their permission. In the event of the testator's death, the will can be located through the Denver Probate Court at the address provided earlier; however, testators are not required to file their wills with the court.

Meanwhile, if no will is found, the interested party can also contact the deceased's estate planning attorney or personal representative. The will can be stored in a home safe, office safe, safe deposit box, or personal file. However, if there is no will, the estate will be distributed according to Colorado's intestacy laws, which typically determine inheritance rights.

Denver County Family Court Case Search

Individuals interested in obtaining or accessing Denver County family court records can do so through the District Court Clerk's Office or the Colorado Judicial Branch's online case search system. Individuals interested in accessing family records via the Colorado E-filing system will be furnished with details related to the records they seek. These details include party names, filing dates, or case numbers. Alternatively, individuals who prefer in-person visits can access these records by paying a visit to the District Court Clerk's office at the address below:

Denver District Court Clerk's Office:
1437 Bannock Street,
Room 256, Denver, CO 80202
Phone: (303) 606-2300

Meanwhile, it is worth noting that certain records, including adoption records, juvenile cases, and other domestic records, are not available for public access as they are typically sealed and designated 'confidential' and only accessible to authorized parties.

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