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History of Denver's probate system

Lou Kilzer and Sue Lindsay, News Staff Writers

Published April 7, 2001 at midnight

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Most people probably think of wills and death when they hear about probate court.

That accounts for much of the work done in probate courts: overseeing the distribution of a person's estate after death.

But the court also appoints guardians and conservators to oversee the affairs of the living after they are declared incapacitated. The court handles all involuntary mental health and alcoholism commitments as well.

Statewide, 11,605 probate cases were filed last year, three-fourths of them involving wills and estates where no will was left.

Guardianship and conservatorship actions accounted for about 23 percent of probate cases, with 2,648 cases filed. Most of those were routine and only a small percentage -- estimated at from 1 percent to 5 percent -- are contested.

Denver Probate Court received 2,025 new cases last year, including 435 guardianships or conservatorships.

Denver is the only Colorado city to have a special probate court established by constitutional amendment, the Judicial Reform Amendment, which was adopted by voters in 1962.

Establishment of the probate court came as part of legislation that reorganized the state court system. Before that, probate, juvenile and mental health cases were handled by justices of the peace as well as municipal and county courts.

The legislation did away with justices of the peace and moved probate, juvenile and mental health cases to the district courts.

David Brofman, who had presided over probate matters as a Denver county judge since 1951, became the first judge of Denver Probate Court in 1965.

Denver's court has one judge, one magistrate and 10 other employees. Denver Probate Magistrate Sandra Franklin also serves as court administrator. The magistrate can handle most aspects of cases except jury trials, which must go before the probate judge, Jean Stewart.

Denver's probate judge is appointed by the governor just as other district judges are. The magistrate is hired by the judge.

In most jurisdictions, probate matters are handled by district judges who preside over civil and criminal cases as well.