General Probate Information

As of July 1, 2009, use of JDF forms will be mandatory and CPC forms will no longer be permitted for use in Colorado courts.  

 Rule 5. Preparations of Proceedings C.R.P.P.

 In proceedings under the Code, the Judicial Department (JDF) forms approved by the Supreme Court should be used where applicable. Any approved form produced by a word processor should, insofar as possible, substantially follow the format and content of the approved form, not include language which otherwise would be stricken, highlight in bold or capital letters or with an appropriate check mark all alternative clauses or choices which have been selected, underline all filled-in blanks, and contain a statement in a conspicuous place that the pleading conforms in substance to the current version of the approved form, citing the form's JDF form number and effective date. In all other proceedings, pleadings which are acceptable to the court may be used. Except as otherwise provided herein and in the Code, the form and presentation of pleadings, motions, and instructions shall be governed by the Colorado Rules of Civil Procedure. All other pleadings and papers to be filed in any matter shall be prepared and fastened as may be designated by rules adopted from time to time by the court.

El Paso and Teller County Probate Court information is provided as an information service to the public and the members of the Probate Section of the El Paso County Bar Association.

Terms to know

All Probate forms (All Colorado Probate Code forms listed individually)

Brochures from the Colorado Bar Association

Probate in Colorado

Judge Rebecca Bromley Informational Update:

Judge Bromley's Clerk:  Attorneys should call TJ at 448-7730 to schedule. TJ Hombs has Judge Bromley's e-mail and home phone number. If there is an emergency and Judge Bromley is available, Judge Bromley will try and handle the matter either by coming in or doing the hearing or conference by phone.  Judge Bromley's NEW Office is located in S514 –NW corner of the south tower.
 
Attention All Attorneys

Revised protocol for non-appearance (Estate matters): Effectively immediately: Attorneys set their own non-appearance hearing dates without calling the clerk by following these general steps and Rule 8.8 C.R.P.P.

1. There is no need to call the clerk. Attorneys set their own non-appearance hearing date by filing directly a "notice of hearing" through LNFS. If for any reason a clerk needs to be contacted: Registrar Phone (719 448-7554)

2. TIME: any day (Monday - Friday at 8:30 a.m.), except Holidays

 3. NOTICE: 15-10-401(1)(a). Notice - method and time of giving: By mailing a copy thereof at least ten CALENDAR days (plus 3days for mailing) before the time set for the hearing by certified, registered, or ordinary first-class mail addressed to the person being notified at the post-office address given in any demand for notice, or at the person's office or place of residence, if known; or

C.R.C.P. 6 Time: (a) Computation: . . . Unless otherwise specifically ordered, when the period of time prescribed or allowed is less than eleven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.

 4. The notice of a Non-Appearance Hearing shall include a clear statement of the rules governing such hearings. (see below)
  

5. It is the burden of the moving party to provide adequate notice of a non-appearance hearing to all interested parties. Failure to provide adequate notice will result in vacating of the hearing date or the order. 

Announcement for Division W: “ IF counsel for the movant/setting party, by rule and statute, need to provide notice of any hearing to his/her client ONLY then Division W does NOT require the filing of a written Notice to Set prior to setting.  However, this exception is conditioned upon the setting occurring on the normal setting days, Monday or Wednesday, and the normal setting time, 8:30 am.”

 

Procedure for Lodging a Will: There is no statutory filing fee for lodging a will.  The Court can only accept original wills, no copies will be accepted unless formal probate proceedings will be filed.  Wills can be mailed or hand delivered to 105 E. Vermijo, Suite 120, Colorado Springs, CO 80903 and must be submitted along with a completed “Receipt for Lodged Will” that the court clerk will certify for you.  Please be sure to include the following on your “Receipt for Lodged Will”:  who is lodging the will, the name and any aka’s of the testator, date of will, date of codicil (if applicable) and the date of death of the testator.
Receipt for Lodged Will

Attention All Attorneys - C.R.C.P. Rule 13 (rule change)

Please note that C.R.C.P. Rule 13 has changed.  This rule change affects the scheduling and notice requirements for hearings.  The 10 day rule, now means that the time calculation for notice is 10 business days.

Attention All Attorneys - Required Language for ALL Orders

The language below must be included on all proposed orders submitted to the Probate court for the judge's signature.  This would apply to all proposed orders for approval of a motion, formal closing orders for estates and guardian and conservator matters, etc.  Questions?  Call the clerk of the probate court.  448-7553

 “THE ORDER OF JUDGMENT WAS ISSUED WITH CONSENT, AND ANY APPEAL MUST BE TAKEN PURSUANT TO RULE 7(b) pursuant to Colorado Rules for Magistrates.”

New (September 2006) Guardian ad Litem Report form

Click to View:   Word format   PDF format

Case Management Order
Guardian and Conservator Actions
(Final Draft - September 2005)

PDF format   Word format

new Case Management Notice for Division W: re  PI settlements for minors

PDF format   Word format

Court Hearing Setting Procedures

Summary of June 15, 2006 Court Presentation

View a short summary of the Probate Section's June 15, 2006 Probate Court Procedures presentation.

Click to View Summary: Court Summary