Your Legal Questions Answered

Here are the steps:

1. Initiate Probate Proceedings:

   • Start the process by opening a probate case with the court. Generally the case is filed in the county where the decedent resided. The court will grant 'letters testamentary' (if there was a Will) or 'letters of administration' (if there was not a Will), serving as formal proof of your designation as the personal representative of the estate. While you may be named as executor in the Will, only the court has the power to appointment you as personal representative

     here. (Colorado calls an executor a personal representative.)

2. Procure the Estate's Employer Identification Number (EIN):

   • Equipped with the letters from the court, acquire the estate's Employer Identification Number (EIN) from the IRS, ensuring to steer clear of using your personal Social Security number. The process for EIN application can be accessed

     here.

3. Establish the Estate Bank Account:

   • With the EIN and letters testamentary/administration in your possession, you're now ready to establish an estate bank account. Go to the bank and open an estate account.

4. Deposit the Settlement Check:

   • Deposit the deceased's settlement check into the newly established estate bank account.

5. Execute Distributions:

   • Distribute the funds per Colorado law. Your appointment as personal representative is fiduciary, so you have obligations to the estate's creditors as well as the beneficiaries.