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00:00:03 if someone you loved has passed and there needs to be a probate the first step is to have a personal representative appointed if there’s a will the will typically will name who that person wanted to be the personal representative and a few alternates and of course that’s subject to court approval if there is no will the Colorado Colorado law statute will provides for who has the right to be the personal representative and in what priority so generally a surviving spouse is the has the first choice if he or she
00:00:38 refuses well then it drops to decedent children they have equal rights if none of them want to do it or if there are none then it falls to the decedent brothers and sisters and finally there are creditors if you wait too long to file the case a creditor can file and ask to be the personal representative and if there’s no one who can do it the court will appoint someone called a public administrator to handle the estate the big problem in all of that is what if you have people who are of equal Authority what then has to happen is you
00:01:12 go to court to get someone appointed and that’s not a slam dunk I recently had a case where someone who had and I kid you not 19 pages of listed crimes they had committed and they wanted to take over the estate of course the court said no and usually the cases are not that extreme dream but the personal representative is ultimately appointed by the court