Legal Question in Wills and Trusts in Colorado

If the PR's nominated by the decedent's Will are deceased themselves, then any "interested person" may petition the Court for appointment as the Personal Representative for the estate. You may want to visit the Probate Court or contact an attorney who specializes in estate administration for further assistance.

While a person is alive, the named agent under the power of attorney can exercise any of the powers in the power of attorney. After death, the executor also referred to as the personal representative must be named by the court before the personal representative has authority over the probate property. As Mr. Greenberg pointed out, anyone can apply to the court to be named as personal representative. Without getting into all the details, it is easier to get appointed if you have been nominated in the will. In any case the person wanting to be the personal representative must apply and be approved by the court. I do not know the details of what the estate's attorney told you, but it is quite possible that the naming of a personal representative must be started over if the appointed proposed personal representative died after appointment. Hope this quick summary helps you.