El Paso County Probate Records

El Paso County probate records are official documents the county probate court creates every time a probate case is initiated. Probate cases refer to legal matters relating to a deceased person's estate. In a probate procedure, a decedent's assets are gathered, liabilities are paid off, required taxes are paid, and property is distributed to heirs. Typically, the probate court oversees the executor or administrator of the estate while they carry out these duties.

The probate process in El Paso and other counties in Colorado includes appointing personal representatives, managing and settling the estates of deceased individuals, registering and enforcing trusts, and appointing and overseeing guardians and conservators for adults and minors. Colorado probate records include bonds, affidavits, letters, claims, appraisals, fee accounts, minutes, dockets, calendars, case files, and Wills. These records are created from 3 main types of probate cases: Wills and intestate estates: one for uncontested estates ("informal"), one for contentious estates and invalid or dubious Wills ("formal"), and one for tiny estates (less than $50,000 and no real property). El Paso County probate records and other El Paso County court records are mostly held at the Elpaso County Probate Court and the Colorado state archives.

Are Probate Records Public?

Probate records are generally regarded as public records per Colorado court rules and the state public records rules. However, many probate court records are exempt from public disclosure. According to the Colorado Judicial Department and the Colorado Revised Statutes, many types of probate court cases and frequently filed court case records are not publicly accessible unless the court directs differently. These could include (but are not restricted to) guardianships, conservatorships, and instances involving minors in probate records. In some cases, anyone with a valid, government-issued photo ID listed as a party or legal representative in the case is permitted entry. A court order is required for anybody not a party to the case to access probate records not available to the public.

What is Probate Court in El Paso County?

The probate court in El Paso County is a division of the El Paso County 4th District Court. The district court is the judicial level in Colorado that is in charge of managing and hearing probate court cases. The El Paso County Probate Court has jurisdiction over all probate matters, the administration of an individual's estate, drug and alcohol commitments, and related concerns, including the determination of mental health issues. The Probate division also handles most trust and estate matters as well as guardianship and conservatorship matters. The physical location of the El Paso County probate court and their contact information is as follows:

El Paso County Judicial Building Division
270 S Tejon St
Colorado Springs, CO 80903
Probate PR2 Room W150

Probate Court Case Lookup

The El Paso County District Court provides several mediums where interested citizens can perform a probate court case lookup. State authorities create some of these media, while others are curated at the local level. These channels include:

• The Colorado online docket search portal: This portal is a statewide docket that can be used to look up probate court records. Records can be searched using the case number, the name of the business or individual involved in the probate dispute, or the name of the attorney in charge of the case. Individuals can also complete the online request form.
• In-person and email requests: Eligible persons can visit the El Paso County Courthouse records room to request probate court records from the court clerk. At the records room, requestors may be required to complete and submit a records request form. The request form can also be completed and submitted by mail at 04ResearchRequest@judicial.state.co.us.
• The Colorado State Archives: The probate records from different counties' courts are aggregated in the archive. To access this database, inquirers must enter the case number or the name of the deceased person listed on the record.

How to Find Probate Records Online Free

Individuals can find probate records online for free at the Colorado State Archives. However, this only applies to old and historical probate documents. Contemporary probate records from official sources usually require a fee to search and obtain.

Probate records may also be accessed for free via third-party websites. These sites are privately owned databases that can be accessed remotely to obtain probate records. To use these sites, individuals only need to provide information such as the case number, the name of the deceased individual, and the docket number (if applicable).

How Long Does Probate Take in Colorado?

Under typical conditions, the probate process can take 6 months to several years. A typical probate case in Colorado could take 9 to 24 months.

Although the length of time varies, the following are the main conditions that may affect the timeline of a probate:

• The Estate's Size and Complexity: Probate typically takes longer for larger or more complicated estates.
• The type of probate process initiated: The duration of informal probate might range from 6 months to a year. If the estate is clear-cut and uncontested, the personal representative can start allocating assets to heirs after the six-month creditor period. Typically, formal probate takes longer, particularly when complex assets need to be valued or sold, or conflicts emerge.
• Lawsuits and Creditor Claims: Probate must be open for a sufficient amount of time for creditors to make claims, and any disagreements could make the process take longer.
• Real Estate Sales: There may be considerable delays if the estate contains real estate that needs to be sold.

Are Wills Public Record?

Yes, Wills filed at the El Paso County Court are designated as public records per state law. Wills in Colorado are usually submitted to the probate court upon the testator's death. After they are filed, the Will becomes a public record so that anyone who wants to see it can do so.

Those who would rather keep their estate arrangements private may be concerned about this lack of privacy. Consequently, establishing a trust is one-way citizens can transfer assets privately without going through the probate procedure. Trusts are a popular option for people who want confidentiality in their estate planning since they provide more privacy and control over the distribution of assets.

How to Find Out If Someone Has a Will

To determine if an individual has a Will, inquirers may visit the nearest probate court where the testator resides. Some county residents file their Wills at the probate county courthouse in El Paso County. Others store their Wills in a hidden location to prevent tampering and mishaps.

If a Will cannot be located, the decedent's closest friends and family can provide valuable information on the Will's whereabouts. They might be able to offer hints based on their discussions with the deceased, even if they are not aware of the precise placement of the Will.

El Paso County Family Court Case Search

An El Paso County family court case search can be performed at the El Paso County Judicial Building or the county docket search portal. Family case records can also be searched using third-party vendors listed on the Colorado judicial website.

To search for the records on any platform, the person seeking the record must have specific information, typically a case number or the plaintiff's name. They will also have to pay the assessed fees to obtain copies of the documents. Family court documents that can be obtained include Divorce records, Legal Separation, and Custody case documents. Certain family court documents are confidential and only available to the person involved in the case, including adoption records and separation agreements.