Title 15, Probate, Trusts, and Fiduciaries
0 chapters · 926 sections in this title.
Colo. Rev. Stat. § 15-12-305 Informal probate - registrar not satisfied
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If the registrar is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of sections 15-12-303 and 15-12-304 or any other reason, he may decline the application. A declination of informal probate is not an adjudi…
Colo. Rev. Stat. § 15-12-306 Informal probate - notice and information requirements
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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 represe…
Colo. Rev. Stat. § 15-12-307 Informal appointment proceedings - delay in order - duty of registrar - effect of appointment
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(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 qualificati…
Colo. Rev. Stat. § 15-12-308 Informal appointment proceedings - proof and findings required
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(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 …
Colo. Rev. Stat. § 15-12-309 Informal appointment proceedings - registrar not satisfied
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If the registrar is not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of sections 15-12-307 and 15-12-308 or for any other reason, he may decline the application. A declination of informal a…
Colo. Rev. Stat. § 15-12-310 Informal appointment proceedings - notice requirements
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(1) The moving party must give notice as described by section 15-10-401 of his intention to seek an appointment informally: (a) To any person demanding it pursuant to section 15-12-204; and (b) To any person having a prior or equal right to appointment not waived in writing and f…
Colo. Rev. Stat. § 15-12-311 Informal appointment unavailable in certain cases
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If an application for informal appointment indicates the existence of a possible unrevoked will which may relate to property subject to the laws of this state and which is not filed for probate in this court, the registrar shall decline the application. Source: L. 73: R&RE, p. 15…
Colo. Rev. Stat. § 15-12-401 Formal testacy proceedings - nature - when commenced
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(1) A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person filing a petition as described in section 15-12-402 (1) in which he requests that the court, after notice and hear…
Colo. Rev. Stat. § 15-12-402 Formal testacy or appointment proceedings - petition - contents
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(1) Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a personal representative, must be directed to the court, request a judicial order after notice and hearing, and contain further statements as indicated in this…
Colo. Rev. Stat. § 15-12-403 Formal testacy proceedings - notice of hearing on petition
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(1) (a) Upon commencement of a formal testacy proceeding, the court shall fix a time and place of hearing. Notice shall be given in the manner prescribed by section 15-10-401 by the petitioner to the persons herein enumerated and to any additional person who has filed a demand fo…
Colo. Rev. Stat. § 15-12-404 Formal testacy proceedings - written objections to probate
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Any party to a formal proceeding who opposes the probate of a will for any reason shall state in his pleadings his objections to probate of the will. Source: L. 73: R&RE, p. 1575, � 1. C.R.S. 1963: � 153-3-404. 15-12-405. Formal testacy proceedings - uncontested cases - hearings …
Colo. Rev. Stat. § 15-12-405 Formal testacy proceedings - uncontested cases - hearings and proof
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If a petition in a testacy proceeding is unopposed, the court may order probate or intestacy on the strength of the pleadings if satisfied that the conditions of section 15-12-409 have been met, or conduct a hearing in open court and require proof of the matters necessary to supp…
Colo. Rev. Stat. § 15-12-406 Formal testacy proceedings - contested cases
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(1) In a contested case in which the proper execution of a will is at issue, the following rules apply: (a) If the will is self-proved pursuant to section 15-11-504, the will satisfies the requirements for execution without the testimony of any attesting witness, upon filing the …
Colo. Rev. Stat. § 15-12-407 Formal testacy proceedings - burdens in contested cases
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In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue, and heirship. Proponents of a will have the burden of establishing prima facie proof of due execution in all cases, and, if they are also petitioners…
Colo. Rev. Stat. § 15-12-408 Formal testacy proceedings - will construction - effect of final order in another jurisdiction
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A final order of a court of another state determining testacy or the validity or construction of a will made in a proceeding involving notice to and an opportunity for contest by all interested persons must be accepted as determinative by the courts of this state if it includes, …
Colo. Rev. Stat. § 15-12-409 Formal testacy proceedings - order - foreign will
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After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court finds that the testator is dead, venue is proper, and that the proceeding was commenced within the limitation prescribed by section 15-12-108, it sh…
Colo. Rev. Stat. § 15-12-410 Formal testacy proceedings - probate of more than one instrument
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If two or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than one instrument may be probated if neither expressly revokes the other or contains provisions which work a total revocation by implication. If more than one…
Colo. Rev. Stat. § 15-12-411 Formal testacy proceedings - partial intestacy
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If it becomes evident in the course of a formal testacy proceeding that, though one or more instruments are entitled to be probated, the decedent's estate is or may be partially intestate, the court shall enter an order to that effect. Source: L. 73: R&RE, p. 1577, � 1. C.R.S. 19…
Colo. Rev. Stat. § 15-12-412 Formal testacy proceedings - effect of order - vacation
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(1) Subject to appeal and subject to vacation as provided in this section and in section 15-12-413, a formal testacy order under sections 15-12-409 to 15-12-411, including an order that the decedent left no valid will and determining heirs, is final as to all persons with respect…
Colo. Rev. Stat. § 15-12-413 Formal testacy proceedings - vacation of order for other cause
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For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal. Source: L. 73: R&RE, p. 1578, � 1. C.R.S. 1963: � 153-3-413. 15-12-414. Formal proceedings concerning appointment of personal representative. (1) A formal …
Colo. Rev. Stat. § 15-12-414 Formal proceedings concerning appointment of personal representative
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(1) A formal proceeding for adjudication regarding the priority or qualification of one who is an applicant for appointment as personal representative, or of one who previously has been appointed personal representative in informal proceedings, if an issue concerning the testacy …
Colo. Rev. Stat. § 15-12-501 Supervised administration - nature of proceedings
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Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the court which extends until entry of an order approving distribution of the estate and discharging the personal repr…
Colo. Rev. Stat. § 15-12-502 Supervised administration - petition - order
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(1) A petition for supervised administration may be filed by any interested person or by a personal representative at any time, or the prayer for supervised administration may be joined with a petition in a testacy or appointment proceeding. If the testacy of the decedent and the…
Colo. Rev. Stat. § 15-12-503 Supervised administration - effect on other proceedings
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(1) The pendency of a proceeding for supervised administration of a decedent's estate stays action on any informal application then pending or thereafter filed. (2) If a will has been previously probated in informal proceedings, the effect of the filing of a petition for supervis…
Colo. Rev. Stat. § 15-12-504 Supervised administration - powers of personal representative
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Unless restricted by the court, a supervised personal representative has, without interim orders approving exercise of a power, all powers of personal representatives under this code, but he shall not exercise his power to transfer, surrender, or release estate assets to a distri…
Colo. Rev. Stat. § 15-12-505 Supervised administration - interim orders - distribution and closing orders
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Unless otherwise ordered by the court, supervised administration is terminated by order in accordance with time restrictions, notices, and contents of orders prescribed for proceedings under section 15-12-1001. Interim orders approving or directing partial distributions or granti…
Colo. Rev. Stat. § 15-12-601 Qualification
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Prior to receiving letters, a personal representative shall qualify by filing with the appointing court any required bond and a statement of acceptance of the duties of the office. Source: L. 73: R&RE, p. 1580, � 1. C.R.S. 1963: � 153-3-601.
Colo. Rev. Stat. § 15-12-602 Acceptance of appointment - consent to jurisdiction
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By accepting appointment, a personal representative submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be provided to the personal representative pursuant to …
Colo. Rev. Stat. § 15-12-603 Bond not required without court order - exceptions
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(1) No bond is required of a personal representative appointed in informal proceedings, except: (a) Upon the appointment of a special administrator; (b) When an executor or other personal representative is appointed to administer an estate under a will containing an express requi…
Colo. Rev. Stat. § 15-12-604 Bond amount - security - procedure - reduction
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If bond is required and the provisions of the will or order do not specify the amount, unless stated in his application or petition, the person qualifying shall file a statement under oath with the registrar indicating his best estimate of the value of the personal estate of the …
Colo. Rev. Stat. § 15-12-605 Demand for bond by interested person
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Subject to the provisions of sections 15-12-603 and 15-12-604, and to a determination by the court that bond is desirable, any person apparently having an interest worth in excess of five thousand dollars, or any creditor having a claim in excess of five thousand dollars, may mak…
Colo. Rev. Stat. § 15-12-606 Terms and conditions of bonds
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(1) The following requirements and provisions apply to any bond required by sections 15-12-604 and 15-12-605: (a) Bonds shall name the people of the state of Colorado as obligee for the benefit of the persons interested in the estate and shall be conditioned upon the faithful dis…
Colo. Rev. Stat. § 15-12-607 Order restraining personal representative
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(1) On petition of any person who appears to have an interest in the estate, or on its own motion, a court by temporary order may restrain a personal representative pursuant to section 15-10-503. (2) (Deleted by amendment, L. 2008, p. 482, � 3, effective July 1, 2008.) Source: L.…
Colo. Rev. Stat. § 15-12-608 Termination of appointment - general
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Termination of appointment of a personal representative occurs as indicated in sections 15-12-609 to 15-12-612. Termination ends the right and power pertaining to the office of personal representative as conferred by this code or any will; except that a personal representative, a…
Colo. Rev. Stat. § 15-12-609 Termination of appointment - death or disability
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The death of a personal representative or the appointment of a conservator for the estate of a personal representative terminates his appointment. Until a duly appointed and qualified successor personal representative or corepresentative has taken possession of the estate possess…
Colo. Rev. Stat. § 15-12-610 Termination of appointment - voluntary
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(1) An appointment of a personal representative terminates as provided in section 15-12-1003 one year after the filing of a closing statement. (2) An order closing an estate as provided in section 15-12-1001 or 15-12-1002 terminates an appointment of a personal representative. (3…
Colo. Rev. Stat. § 15-12-611 Termination of appointment by removal - cause - procedure
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(1) The court shall have the power to remove a personal representative for cause at any time. Removal proceedings shall be governed by the provisions of section 15-10-503. (2) Unless the decedent's will directs otherwise, a personal representative appointed at the decedent's domi…
Colo. Rev. Stat. § 15-12-612 Termination of appointment - change of testacy status
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Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment of a personal representative in intestacy or under a will which is superseded by formal probate of another will, or the vacation of an informal probate of a will subsequent to t…
Colo. Rev. Stat. § 15-12-613 Successor personal representative
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Parts 3 and 4 of this article govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated. After appointment and qualification, a successor personal representative may be substituted in all actions and proceedings to which …
Colo. Rev. Stat. § 15-12-614 Special administrator - appointment
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(1) A special administrator may be appointed: (a) Informally by the registrar on the application of any interested person when necessary to protect the estate of a decedent prior to the appointment of a general personal representative, or if a prior appointment has been terminate…
Colo. Rev. Stat. § 15-12-615 Special administrator - who may be appointed
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(1) If a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or petition for probate, the person named executor in the will shall be appointed if available and qualified. (2) In other cases, any proper person may be…
Colo. Rev. Stat. § 15-12-616 Special administrator - appointed informally - powers and duties
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A special administrator appointed by the registrar in informal proceedings pursuant to section 15-12-614 (1) has the duty to collect and manage the assets of the estate, to preserve them, to account therefor, and to deliver them to the general personal representative upon his qua…
Colo. Rev. Stat. § 15-12-617 Special administrator - formal proceedings - power and duties
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A special administrator appointed by order of the court in any formal proceeding has the power of a general personal representative except as limited in the appointment and duties as prescribed in the order. The appointment may be for a specified time, to perform particular acts,…
Colo. Rev. Stat. § 15-12-618 Termination of appointment - special administrator
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The appointment of a special administrator terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In other cases, the appointment of a special administrator is subject to termination as provided in sect…
Colo. Rev. Stat. § 15-12-619 Public administrator - appointment - oath - bond - deputy
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(1) The district or probate court in each judicial district may appoint a person who shall be known as the public administrator. The appointee shall be a qualified elector over twenty-one years of age and shall be a resident of or maintain a principal place of business in the jud…
Colo. Rev. Stat. § 15-12-620 Public administrator - responsibility for protecting decedent ‘s estate - duty of persons holding property
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(1) Upon notification of the death of any person who was either a resident of Colorado, or a nonresident who died owning real or personal property located in Colorado, it shall be the responsibility of the public administrator of the judicial district of the decedent ‘s residence…
Colo. Rev. Stat. § 15-12-621 Public administrator - decedents ‘ estates - areas of responsibility
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(1) The public administrator of each judicial district shall be responsible for handling the administration of decedents ‘ estates within such judicial district under the following circumstances: (a) (I) Where the decedent died a resident of that judicial district; or (II) Where …
Colo. Rev. Stat. § 15-12-622 Public administrator - acting as conservator or trustee
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(1) When appointed by a court of appropriate jurisdiction, the public administrator may act as a conservator, temporary conservator, special conservator, trustee, or other fiduciary of any estate that has assets requiring protection. Each county department of human or social serv…
Colo. Rev. Stat. § 15-12-623 Public administrator - administration - reports - fees
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(1) The following court docket fees shall be charged: (a) Public administrator statements of account in small estates, as small estates is defined in section 15-12-1201, having gross assets: Fee Tax Total (I) Less than $500.00 fee waived (II) $500.00 or more, but less than $2,000…
Colo. Rev. Stat. § 15-12-701 Time of accrual of duties and powers
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The duties and powers of a personal representative commence upon his or her appointment. The powers of a personal representative relate back in time to give acts by the person appointed that are beneficial to the estate occurring prior to appointment the same effect as those occu…