How to Get Letters Testamentary in Colorado (JDF 915 Explained)

You presented a death certificate to the bank. They told you they need "Letters Testamentary" before they can do anything. You left empty-handed. This is the most common moment of financial paralysis in Colorado estate administration, and it happens because most people do not know what Letters Testamentary are until they are denied without them.

Here is what they are, how you get them, and why the process takes weeks rather than days.

What Letters Testamentary Actually Are

Letters Testamentary (and their intestate equivalent, Letters of Administration) are official documents issued by the Colorado district court that certify the personal representative's legal authority to act on behalf of the estate. They are not issued by CDPHE, by the county recorder, or by the funeral home. They come from the probate court after a formal application process.

In Colorado, both Letters Testamentary and Letters of Administration are documented on form JDF 915. The difference is the circumstance:

• Letters Testamentary — issued when the decedent left a valid will (testate estate). The personal representative named in the will, or appointed by the court, receives these.
• Letters of Administration — issued when there is no will (intestate estate). The court appoints a personal representative according to the statutory priority order: surviving spouse first, then adult children, then other heirs.

Banks, brokerage firms, title companies, the Colorado DMV, and government agencies all require certified copies of Letters before allowing any access to or transfer of estate assets. No certified copy means no access, regardless of your relationship to the deceased.

The Steps Required Before Letters Are Issued

Letters Testamentary do not arrive in the mail automatically after someone dies. They are the output of a specific court proceeding. Here is the sequence:

Step 1: Wait 120 hours (5 days) after the time of death. Colorado law prohibits any probate application from being filed until at least 120 hours have elapsed since death. There are no exceptions.

Step 2: File the application with the county district court. For testate informal probate, this is JDF 910 (Application for Informal Probate of Will and/or Appointment of Personal Representative). For intestate informal probate, it is JDF 916. The court filing fee is $229.

The application must include:

• The original will (for testate estates — a copy is not sufficient for informal probate)
• A certified death certificate
• The completed application form identifying all heirs and devisees
• JDF 911 (Acceptance of Appointment) signed by the proposed personal representative

Step 3: The Probate Registrar reviews the application. In informal proceedings, no hearing is scheduled. The Registrar — an administrative court officer — reviews the paperwork and approves the appointment if all requirements are met. This process takes anywhere from a few days to a few weeks depending on the county and current caseload.

Step 4: The court issues the Letters. Upon approval, the court issues Letters Testamentary on JDF 915. The Letters are signed by the court clerk and bear the court's official seal.

Step 5: Order certified copies. The Letters themselves have limited use without certification. Each use at a bank, title company, or agency typically requires a certified copy — not a photocopy. Certification costs $20 base plus $0.75 per page per copy. Order as many as you anticipate needing from the start.

How Many Certified Copies Do You Need?

Most executors underestimate this number. Plan for one certified copy per:

• Each bank or credit union where the decedent had accounts
• Each brokerage or investment account
• Each life insurance company
• Each county recorder's office where real estate is held
• The Colorado DMV (for vehicle transfers)
• Any government agency paying benefits (Social Security, VA, pension administrators)
• Your own file copy

A typical Colorado estate requires 6 to 10 certified copies of Letters Testamentary. Ordering them all at once is cheaper and faster than returning to the court for additional copies later.

How Long Does the Process Take?

From the date of death to receiving certified Letters Testamentary, most informal Colorado probate proceedings take 3 to 6 weeks:

• 5-day statutory waiting period
• 1–5 days to gather documents and complete forms
• 1–3 weeks for the county Registrar to review and approve
• Several days to receive certified copies from the clerk

Formal probate (required when a will is contested, lost, or the estate is disputed) takes longer because a hearing must be scheduled. Expect 6–12 weeks for formal Letters in most districts.

Some county courts process applications faster than others. El Paso County (Colorado Springs) frequently uses virtual hearings for formal matters, which reduces scheduling delays. Denver Probate Court — which has exclusive jurisdiction over Denver County estates — processes applications on its own timeline and requires pro se filers to submit paper documents in person or by mail.

Letters of Administration: When There Is No Will

If the decedent died without a valid will, the estate follows the intestate succession rules under C.R.S. § 15-11-101 et seq. The personal representative is appointed by the court based on statutory priority rather than named by the decedent.

The application process is the same, using JDF 916 instead of JDF 910. The resulting document is Letters of Administration (still on form JDF 915) rather than Letters Testamentary. Banks and other institutions treat Letters of Administration identically to Letters Testamentary — both grant the same legal authority to act on behalf of the estate.

Renouncing the Appointment

If the person with first priority to serve as personal representative does not want to serve — or cannot serve due to distance, incapacity, or conflict — they must formally decline using JDF 912 (Renunciation and/or Nomination of Personal Representative). Filing JDF 912 clears the path for the next priority individual to receive the appointment.

Failing to file JDF 912 when the first-priority person does not wish to serve can create a bureaucratic bottleneck, delaying the entire application process.

What Happens After You Have Letters

Once you have certified Letters Testamentary in hand, you are authorized to:

• Open a dedicated estate bank account (always use an EIN for the estate, not your personal Social Security number)
• Access and liquidate financial accounts at banks and brokerages
• Marshal and inventory estate assets
• Publish the Notice to Creditors (JDF 943)
• Transfer vehicle titles through the Colorado DMV
• Eventually execute a Personal Representative's Deed of Distribution to transfer real estate

The Letters do not grant unlimited authority indefinitely. Financial institutions typically require that Letters be certified within the preceding 60 days — so if your certified copies are more than two months old when you present them to a bank, you may need to obtain fresh certifications from the court.

The Colorado Probate Process Guide covers the complete sequence from death to Letters Testamentary in detail, including how to handle the Registrar's application review, what to do if the court rejects the initial filing, and how to use Letters effectively when dealing with uncooperative financial institutions.

See more Colorado guides →