About Being Named in a Will as the Guardian for a Minor

A parent may name a guardian for his/her minor children in a will or other signed document.

The person named as the guardian in the will or other document can become the guardian for the minor if the parent dies, if a court decides that the parent is incapacitated, or if a doctor says in writing that the parent can no longer take care of the minor.

Preparing to Start Your Case

Before you start your case, you will need these things:

1. A copy of your criminal history report from the Colorado Bureau of Investigation (CBI)
2. A copy of your current credit report
3. A copy of your driver's license
4. A copy of the will or other document naming you as the guardian for the minor

Criminal History Report

To get a copy of your criminal history report, visit the CBI website.

You can also go to the CBI directly at 690 Kipling Street, Denver, CO 80215. You can reach the CBI by phone at (303) 239-4300. There will be a fee for running your criminal history report. The fees charged by this agency are set by the agency and may change without notice.

Even if there is nothing on your criminal history report, you will still need to file this document with the court.

Credit Report

You can use any credit reporting agency to get your current credit report. Here are a few choices:

• Equifax, Inc. - P.O. Box 740241, Atlanta, GA 30374; +1 (800) 685-1111
• Experian - P.O. Box 2002, Allen, TX 75013; +1 (888) 397-3742
• TransUnion - P.O. Box 2000, Chester, PA 19022; +1 (800) 916-8800

Make sure to black out your Social Security number and financial account numbers included on the credit report. There may be a fee for getting your credit report.

Driver's License

When you make a photocopy of your driver's license, make sure the copy is clear enough for the court to read.

Identify Where to File Your Paperwork

You should file your case with the district court in the county where you could file a probate case for the will naming you as the guardian.

If you were named as the guardian in a document other than a will, you should file the case in the district court in the county where the minor (Respondent) lives, or where the minor can be found.

Use the courts locator to find the correct district court. If you are filing in Denver, you will need to file your case in the Denver Probate Court. (internal link needed)

Forms and Paperwork Required

Use the forms link above to download and complete the What to Do if You Are Named in a Will as the Guardian for a Minor forms. For detailed instructions on completing these forms, see JDF 820 Instructions for Appointment of Guardian for Minor by Will or Other Signed Writing.

Paperwork Tips

The person filing the case will be known as the Petitioner. The minor who may need a guardian will be know as the Minor or the Respondent.

Fill out JDF 821 Affidavit of Acceptance of Appointment by Written Instrument as Guardian and attach a copy of the will or other document naming you as the guardian. You must sign JDF 821 Affidavit of Acceptance of Appointment by Written Instrument as Guardian in front of a notary public or court clerk. You can find a notary public in the Yellow Pages, on the Internet, or by going to your local bank.

You must mail or hand-deliver a copy of JDF 821 Affidavit of Acceptance of Appointment by Written Instrument as Guardian to the minor (if at least 12 years old), to any living parent or guardian of the minor, and to any person that has custody of the minor. After mailing or hand-delivering copies of the form, complete the Certificate of Service part of JDF 821 Affidavit of Acceptance of Appointment by Written Instrument as Guardian and file it with the court.

• Note: You must file JDF 821 Affidavit of Acceptance of Appointment by Written Instrument as Guardian with the court within 30 days of the date that the parent of the minor dies, the date that a court decides the parent of the minor is incapacitated, or the date that a doctor says in writing that the parent of the minor can no longer take care of the minor.

If the minor is at least 12 years old, you must have the minor fill out JDF 826 Consent or Nomination of Minor. The minor must sign this form in front of a notary public or court clerk.

Fill out only the top "caption" part of JDF 830 Letters of Guardianship - Minor. The court will fill out the rest.

How to Submit Paperwork to the Court

1. Take your completed forms to the clerk at the counter in the courthouse. Give the forms to the clerk to file your case. You will also give the clerk your criminal history report, your credit report, and the copy of your driver's license.
2. Pay the filing fee. If you do not think you can afford the filing fee, fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee, or visit our File Without Payment section for complete information.

What Happens Next?

Within 30 days after you file your paperwork, you need to complete JDF 822 Petition for Confirmation of Appointment of Guardian and file it with the court.

You will need to mail or hand-deliver a copy of JDF 822 Petition for Confirmation of Appointment of Guardian to the minor (if at least 12 years old), to any living parent or guardian of the minor, and to any person that has custody of the minor. After mailing or hand-delivering copies of the form, complete the Certificate of Service part of JDF 822 Petition for Confirmation of Appointment of Guardian and file it with the court.