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reading of a will after death


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#1 mommalene

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Posted 31 January 2009 - 01:53 AM

My father died jan 11,2008   as of this day my sister the excucuter of the will has not contacted us (the rest of the children) to that fact  what is the legal time frame in the state of colorado?

#2 Tax_Counsel

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Posted 31 January 2009 - 02:44 AM

Your question is not very clear. The way you asked the question, it sounds like you are asking how long your sister has to notify you of your father's death. Since you already know he died, there's really no need for her to inform you now of that fact. The subject line of your post suggests that maybe what you are asking is how long the sister has to do a "reading of the will." In Colorado, as in virtually every other state, the law does not require a reading of the will like you see on TV and in the movies. That's done in Hollywood for dramatic purposes, but is not how things are really done.

In Colorado, the person holding the will must lodge the will with the district court that covers the county where the decedent resided at the time of his death (or, in Denver County, with the probate court) within 10 days after the date of death or as soon after that as possible if the holder is not informed of the death until later. The person lodging the will does not necessarily have to start the probate proceeding, however. Once the will is lodged with the court, anyone may get a copy of it from the court because it is a public record.

Your sister is not the executor or administrator of the estate until probate is opened, though, and the court has appointed her as executor. Once appointed as executor or administrator, she has 30 days to provide notice to all heirs and beneficiaries that she has been appointed as the estate personal representative and must provide certain disclosures and information in that notice.





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