Q: What is the best way to file probate papers for my Dad's estate in Colorado if we can only locate a copy of the will?
I have two sisters. We all shared power of attorney and healthcare POA when he was alive. We were all beneficiaries on his life insurance and we were all beneficiaries on POD accounts.
A:
You still file the probate paperwork with the Court.
You can file the copy of the Will and the Court will expect you to provide a sworn statement as to what efforts have been made to locate the original and to determine whether there might be a newer one. If the Court is satisfied with the answer, then the probate will proceed using the copy of the Will.
If all three of you are in agreement, then that will be helpful. If one of you is contesting the copy of the Will, then the Court will first have to resolve that issue before making a determination of how to proceed. Once that has been determined, then the probate will proceed as usual.
There is nothing in the process that makes obtaining the assistance of an attorney mandatory. If you are all in agreement and you are comfortable with formal paperwork, then you may be able to proceed on your own. If one of you is contesting matters or if you are not comfortable with the formal paperwork or the financial responsibilities involved in gathering the assets, paying the bills, and getting the assets transferred to the appropriate beneficiaries, then you will want to hire an experienced probate attorney to assist you.
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