The moving party must give notice as described by section 15-10-401 of his application for informal probate to any person demanding it pursuant to section 15-12-204 and to any personal representative of the decedent whose appointment has not been terminated. If a personal representative has not been appointed, then not later than thirty days after a will has been informally probated the moving party shall give information of the probate to the persons and in the manner prescribed by section 15-12-705 and shall promptly file with the court a statement that such information has been given, to whom, and at what addresses, if mailed. No other notice of informal probate is required.
Source: L. 73: R&RE, p. 1572, � 1. C.R.S. 1963: � 153-3-306. L. 75: Entire section amended, p. 595, � 23, effective July 1.
15-12-307. Informal appointment proceedings - delay in order - duty of registrar - effect of appointment. (1) Upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in section 15-12-614, the registrar, after making the findings required by section 15-12-308, shall appoint the applicant subject to qualification and acceptance; except that, if the decedent was a nonresident, the registrar shall delay the order of appointment until thirty days have elapsed since death unless the personal representative appointed at the decedent's domicile is the applicant, or unless the decedent's will directs that his estate be subject to the laws of this state.
(2) The status of personal representative and the powers and duties pertaining to the office are fully established by informal appointment. An appointment, and the office of personal representative created thereby, is subject to termination as provided in sections 15-12-608 to 15-12-612, but is not subject to retroactive vacation.
Source: L. 73: R&RE, p. 1572, � 1. C.R.S. 1963: � 153-3-307.
15-12-308. Informal appointment proceedings - proof and findings required. (1) In informal appointment proceedings, the registrar must determine that:
(a) The application for informal appointment of a personal representative is complete;
(b) The applicant has made oath or affirmation that the statements contained in the application are true to the best of his knowledge and belief;
(c) The applicant appears from the application to be an interested person as defined in section 15-10-201 (27);
(d) On the basis of the statements in the application, venue is proper;
(e) Any will to which the requested appointment relates has been formally or informally probated; but this requirement does not apply to the appointment of a special administrator;
(f) Any notice required by section 15-12-204 has been given;
(g) From the statements in the application, the person whose appointment is sought has priority entitling him to the appointment;
(h) One hundred twenty hours have elapsed since the decedent's death.
(2) Unless section 15-12-612 controls, the application must be denied if it indicates that a personal representative who has not filed a written statement of resignation as provided in section 15-12-610 (3) has been appointed in this or another county of this state, that (unless the applicant is the domiciliary personal representative or his nominee) the decedent was not domiciled in this state and that a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile, or that other requirements of this section have not been met.
Source: L. 73: R&RE, p. 1572, � 1. C.R.S. 1963: � 153-3-308. L. 94: (1)(c) amended, p. 1037, � 10, effective July 1, 1995.