reglab/housing_qa huggingface dataset:
CO Code § 15-12-610 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 6 - Personal Representative; Appointment, Control, and Termination of Authority|§ 15-12-610. Termination of Appointment - Voluntary

  An appointment of a personal representative terminates as provided in section 15-12-1003 one year after the filing of a closing statement.    An order closing an estate as provided in section 15-12-1001 or 15-12-1002 terminates an appointment of a personal representative.    A personal representative may resign his or her position by filing a written statement of resignation with the registrar after he or she has given at least fourteen days' written notice to the persons known to be interested in the estate. If the person resigning is a sole representative and if no one applies or petitions for appointment of a successor representative within the time indicated in the notice, the filed statement of resignation is ineffective as a termination of appointment and in any event is effective only upon the appointment and qualification of a successor representative and delivery of the assets to him or her. If the person resigning is a corepresentative, such resignation is effective only upon delivery of the assets in his or her possession to any remaining corepresentatives.     History. Source: L. 73: R&RE, p. 1582, § 1. C.R.S. 1963: § 153-3-610. L. 2012: (3) amended,(SB 12-175), ch. 208, p. 837, § 43, effective July 1. History. Source: L. 73: R&RE, p. 1582, § 1. C.R.S. 1963: § 153-3-610. L. 2012: (3) amended,(SB 12-175), ch. 208, p. 837, § 43, effective July 1.    ANNOTATION   Law reviews. For article, “Termination of a Personal Representative”, see 19 Colo. Law. 213 (1990).   Personal representative had continuing authority to represent estates in pending legal malpractice action as personal representative after initial appointment terminated. Boatright v. Derr, 919 P.2d 221 (Colo. 1996).
CO Code § 15-12-612 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 6 - Personal Representative; Appointment, Control, and Termination of Authority|§ 15-12-612. Termination of Appointment - Change of Testacy Status

 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the probate of a will subsequent to the appointment of a personal representative in intestacy or under a will which is superseded by formal probate of another will, or the vacation of an informal probate of a will subsequent to the appointment of the personal representative thereunder, does not terminate the appointment of the personal representative although his powers may be reduced as provided in section 15-12-401 . Termination occurs upon appointment in informal or formal appointment proceedings of a person entitled to appointment under the later assumption concerning testacy. If no request for new appointment is made within thirty days after expiration of time for appeal from the order in formal testacy proceedings, or from the informal probate, changing the assumption concerning testacy, the previously appointed personal representative upon request may be appointed personal representative under the subsequently probated will, or as in intestacy as the case may be.   History. Source: L. 73: R&RE, p. 1583, § 1. C.R.S. 1963: § 153-3-612. History. Source: L. 73: R&RE, p. 1583, § 1. C.R.S. 1963: § 153-3-612.    ANNOTATION   Law reviews. For article, “Termination of a Personal Representative”, see 19 Colo. Law. 213 (1990).
CO Code § 15-12-613 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 6 - Personal Representative; Appointment, Control, and Termination of Authority|§ 15-12-613. Successor Personal Representative

 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 the former personal representative was a party, and no notice, process, or claim which was given or served upon the former personal representative need be given to or served upon the successor in order to preserve any position or right the person giving the notice or filing the claim may thereby have obtained or preserved with reference to the former personal representative. Except as otherwise ordered by the court, the successor personal representative has the powers and duties in respect to the continued administration which the former personal representative would have had if his appointment had not been terminated.   History. Source: L. 73: R&RE, p. 1583, § 1. C.R.S. 1963: § 153-3-613. History. Source: L. 73: R&RE, p. 1583, § 1. C.R.S. 1963: § 153-3-613.    ANNOTATION   Successor fiduciary of an estate is in privity with his predecessor. In re Estate of Perini, 34 Colo. App. 201, 526 P.2d 313 (1974).
CO Code § 15-12-614 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 6 - Personal Representative; Appointment, Control, and Termination of Authority|§ 15-12-614. Special Administrator - Appointment

  A special administrator may be appointed:   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 terminated as provided in section 15-12-609;    In a formal proceeding by order of the court on the petition of any interested person, or by the court on the court's own motion, and finding, after notice and hearing, that appointment is necessary to preserve the estate or to secure its proper administration including its administration in circumstances where a general personal representative cannot or should not act. If it appears to the court that an emergency exists, appointment may be ordered without notice.        History. Source: L. 73: R&RE, p. 1584, § 1. C.R.S. 1963: § 153-3-614. L. 2007: (1)(b) amended, p. 127, § 5, effective July 1. History. Source: L. 73: R&RE, p. 1584, § 1. C.R.S. 1963: § 153-3-614. L. 2007: (1)(b) amended, p. 127, § 5, effective July 1.    ANNOTATION   Law reviews. For article, “The Use of Special Administrators in Colorado”, see 19 Colo. Law. 2433 (1990).   When there is no prejudice caused by delay nor a lengthy period of inaction by a movant for substitution, rather than allowing substantial rights to be lost by dismissing the action, the court should either allow a reasonable additional time for the movant to submit an amended motion or, failing that, appoint a proper personal representative such as the public administrator. Smith v. Bridges, 40 Colo. App. 171, 574 P.2d 511 (1977).   Where probate court finds under this section that appointment of a special administrator is necessary, court may appoint any proper person as such under § 15-12-615 notwithstanding the provisions in § 15-12-203 on priority of appointment of a personal representative. In re Estate of Franchs, 722 P.2d 422 (Colo. App. 1986).
CO Code § 15-12-615 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 6 - Personal Representative; Appointment, Control, and Termination of Authority|§ 15-12-615. Special Administrator - Who May Be Appointed

  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.    In other cases, any proper person may be appointed special administrator.     History. Source: L. 73: R&RE, p. 1584, § 1. C.R.S. 1963: § 153-3-615. History. Source: L. 73: R&RE, p. 1584, § 1. C.R.S. 1963: § 153-3-615.    ANNOTATION   When appointment of special administrator is necessary under § 15-12-614 , such appointment is proper under this section, notwithstanding the provisions in § 15-12-203 governing priority of appointment of a personal representative. In re Estate of Franchs, 722 P.2d 422 (Colo. App. 1986).
CO Code § 15-12-616 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 6 - Personal Representative; Appointment, Control, and Termination of Authority|§ 15-12-616. Special Administrator - Appointed Informally - Powers and Duties

 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 qualification. The special administrator has the power of a personal representative under the code necessary to perform his duties.   History. Source: L. 73: R&RE, p. 1584, § 1. C.R.S. 1963: § 153-3-616. History. Source: L. 73: R&RE, p. 1584, § 1. C.R.S. 1963: § 153-3-616.
CO Code § 15-12-617 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 6 - Personal Representative; Appointment, Control, and Termination of Authority|§ 15-12-617. Special Administrator - Formal Proceedings - Power and Duties

 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, or on other terms as the court may direct.   History. Source: L. 73: R&RE, p. 1584, § 1. C.R.S. 1963: § 153-3-617. History. Source: L. 73: R&RE, p. 1584, § 1. C.R.S. 1963: § 153-3-617.
CO Code § 15-12-618 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 6 - Personal Representative; Appointment, Control, and Termination of Authority|§ 15-12-618. Termination of Appointment - Special Administrator

 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 sections 15-12-608 to 15-12-611 .   History. Source: L. 73: R&RE, p. 1584, § 1. C.R.S. 1963: § 153-3-618. History. Source: L. 73: R&RE, p. 1584, § 1. C.R.S. 1963: § 153-3-618.
CO Code § 15-12-701 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 7 - Duties and Powers of Personal Representatives|§ 15-12-701. Time of Accrual of Duties and Powers

 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 occurring thereafter. Prior to appointment, a person nominated to serve as personal representative in a will may carry out written instructions of the decedent or of the persons designated to control disposition of the decedent's last remains under section 15-19-106 , relating to his or her body, anatomical gifts, funeral, and burial arrangements. A personal representative may ratify and accept acts on behalf of the estate done by others where the acts would have been proper for a personal representative.   History. Source: L. 73: R&RE, p. 1587, § 1. C.R.S. 1963: § 153-3-701. L. 2003: Entire section amended, p. 1355, § 3, effective August 6. History. Source: L. 73: R&RE, p. 1587, § 1. C.R.S. 1963: § 153-3-701. L. 2003: Entire section amended, p. 1355, § 3, effective August 6.    ANNOTATION   Law reviews. For article, “Practical Administrative Problems in Average-Sized Estates”, see 27 Dicta 285 (1950). For article, “Testamentary Disposition of a Decedent's Body”, see 18 Colo. Law. 435 (1989).   Annotator's note. Since § 15-12-701 is similar to repealed laws antecedent to CSA, C. 176, § 113, relevant cases construing those provisions have been included in the annotations to this section.   Even before probate of the will, the executor may employ an attorney to aid in securing moneys pertaining to the estate. In re Macky's Estate, 68 Colo. 556 , 191 P. 106 (1920).   Prior to appointment as personal representative, a suit may not be maintained against executor. Stratton's Independence, Ltd. v. Dines, 126 F. 968 (D. Colo. 1904 ).   Absent an appointment, a designee for personal representative has limited powers and duties. Such powers and duties extend no further than the limited tasks described in this section. Estate of Rienks v. Rienks, 844 P.2d 1295 (Colo. App. 1992).   If no personal representative has ever been appointed, the “relation back” authority is insufficient to authorize a mere designee to accept presentment pursuant to § 15-12-804 (1) . Estate of Rienks v. Rienks, 844 P.2d 1295 (Colo. App. 1992).   Better price available does not negate benefit to estate. The fact that a better price could have been obtained for the decedent's real property does not, under this section, negate the actual benefit to the estate resulting from decedent's son, prior to his appointment as personal representative, accepting payment from an option holder for purchase of the property. Brown v. Brown, 43 Colo. App. 535, 608 P.2d 840 (1980).
CO Code § 15-12-702 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 7 - Duties and Powers of Personal Representatives|§ 15-12-702. Priority Among Different Letters

 A person to whom general letters are issued first has exclusive authority under the letters until his appointment is terminated or modified. If, through error, general letters are afterwards issued to another, the first appointed representative may recover any property of the estate in the hands of the representative subsequently appointed, but the acts of the latter done in good faith before notice of the first letters are not void for want of validity of appointment.   History. Source: L. 73: R&RE, p. 1587, § 1. C.R.S. 1963: § 153-3-702. History. Source: L. 73: R&RE, p. 1587, § 1. C.R.S. 1963: § 153-3-702.
CO Code § 15-12-704 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 7 - Duties and Powers of Personal Representatives|§ 15-12-704. Personal Representative to Proceed Without Court Order - Exception

 A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified or ordered in regard to a supervised personal representative, do so without adjudication, order, or direction of the court, but he may invoke the jurisdiction of the court, in proceedings authorized by this code, to resolve questions concerning the estate or its administration.   History. Source: L. 73: R&RE, p. 1587, § 1. C.R.S. 1963: § 153-3-704. History. Source: L. 73: R&RE, p. 1587, § 1. C.R.S. 1963: § 153-3-704.    ANNOTATION   A personal representative has the same standing to sue as the decedent had immediately prior to his or her death, except for proceedings that do not survive the decedent's death. Steiger v. Burroughs, 878 P.2d 131 (Colo. App. 1994).
CO Code § 15-12-706 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 7 - Duties and Powers of Personal Representatives|§ 15-12-706. Duty of Personal Representative - Inventory and Appraisement

  Within three months after his appointment, a personal representative who is not a successor to another representative who has previously discharged this duty shall prepare an inventory of property owned by the decedent and subject to disposition by will or intestate succession at the time of his death, listing it with reasonable detail and indicating, as to each listed item, its fair market value as of the date of the decedent's death and the type and amount of any encumbrance that may exist with reference to any item. The inventory shall include the oath or affirmation of the personal representative that it is complete and accurate so far as he is informed.    The personal representative shall send a copy of the inventory to interested persons who request it, or he may file the original of the inventory with the court.    If it appears that the heirs of an intestate or the devisees of a testator are unknown, or if known and there is no person qualified to receive the distributive share of such heirs or devisees, the personal representative shall also, within said three months, deliver or mail to the attorney general a copy of the inventory.     History. Source: L. 73: R&RE, p. 1588, § 1. C.R.S. 1963: § 153-3-706. L. 75: (1) amended, p. 596, § 28, effective July 1. L. 77: (1) amended, p. 834, § 18, effective July 1. History. Source: L. 73: R&RE, p. 1588, § 1. C.R.S. 1963: § 153-3-706. L. 75: (1) amended, p. 596, § 28, effective July 1. L. 77: (1) amended, p. 834, § 18, effective July 1.    ANNOTATION   Law reviews. For article, “The Inventory and Final Report”, see 27 Dicta 291 (1950).   Annotator's note. Since § 15-12-706 is similar to repealed CSA, C. 176, § 145, relevant cases construing that provision have been included in the annotations to this section.   The detailed requirements of this section for a valid inventory are mandatory. Meyer v. Milliken, 111 Colo. 113 , 138 P.2d 276 (1943).   Effect of personal representative's failure to file inventory within statutory time. Failure of an executor or administrator to file an inventory of the estate within the time fixed by this section does not automatically extend the time for the filing of a widow's election not to take under the will of her deceased husband, and there is no statutory indication that the time for filing such election depends directly or indirectly upon the filing of the inventory. In re Sheely's Estate, 102 Colo. 194 , 78 P.2d 378 (1938).
CO Code § 15-12-707 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 7 - Duties and Powers of Personal Representatives|§ 15-12-707. Employment of Appraisers

 The personal representative may employ qualified and disinterested appraisers to assist him in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The names and addresses of any appraiser shall be indicated on the inventory with the item or items he appraised.   History. Source: L. 73: R&RE, p. 1588, § 1. C.R.S. 1963: § 153-3-707. History. Source: L. 73: R&RE, p. 1588, § 1. C.R.S. 1963: § 153-3-707.
CO Code § 15-12-708 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 7 - Duties and Powers of Personal Representatives|§ 15-12-708. Duty of Personal Representative - Supplementary Inventory

 If any property not included in the original inventory comes to the knowledge of a personal representative or if the personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading, he shall make a supplementary inventory or appraisement showing the market value as of the date of the decedent's death of the new item or the revised market value or descriptions, and the appraisers or other data relied upon, if any, and file it with the court if the original inventory was filed, or furnish copies thereof or information thereof to interested persons who request the inventory.   History. Source: L. 73: R&RE, p. 1588, § 1. C.R.S. 1963: § 153-3-708. History. Source: L. 73: R&RE, p. 1588, § 1. C.R.S. 1963: § 153-3-708.
CO Code § 15-12-710 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 7 - Duties and Powers of Personal Representatives|§ 15-12-710. Power to Avoid Transfers

 The property liable for the payment of unsecured debts of a decedent includes all property transferred by him by any means which is in law void or voidable as against his creditors, and, subject to prior liens, the right to recover this property, so far as necessary for the payment of unsecured debts of the decedent, is exclusively in the personal representative.   History. Source: L. 73: R&RE, p. 1589, § 1. C.R.S. 1963: § 153-3-710. History. Source: L. 73: R&RE, p. 1589, § 1. C.R.S. 1963: § 153-3-710.    ANNOTATION   Law reviews. For article, “Decedents' Creditors and Nonprobate Assets,” see 15 Colo. Law. 2190 (1986).   Power to bring actions to set aside colorable inter vivos transfers. The administrator of the transferor's estate is authorized and also has standing to bring actions to set aside colorable inter vivos transfers. In re Scavello v. Scott, 194 Colo. 64 , 570 P.2d 1 (1977).
CO Code § 15-12-711 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 7 - Duties and Powers of Personal Representatives|§ 15-12-711. Powers of Personal Representatives - in General

 Until termination of his appointment a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. This power may be exercised without notice, hearing, or order of court.   History. Source: L. 73: R&RE, p. 1589, § 1. C.R.S. 1963: § 153-3-711. History. Source: L. 73: R&RE, p. 1589, § 1. C.R.S. 1963: § 153-3-711.    ANNOTATION   Annotator's note. Cases relevant to § 15-12-711 decided prior to its earliest source, § 153-3-711, C.R.S. 1963, have been included in the annotations to this section.   The Uniform Probate Code vests a personal representative with broad powers. Hill v. Boatright, 890 P.2d 180 (Colo. App. 1994), aff'd in part and rev'd in part on other grounds sub nom. Boatright v. Derr, 919 P.2d 221 (Colo. 1996).   An administrator is charged with a trust concerning decedent's interest in real estate. Murray v. Stuart, 79 Colo. 454 , 247 P. 187 (1926).   He is forbidden by law to make a profit out of dealing on behalf of the estate. In re Macky's Estate, 73 Colo. 1 , 213 P. 131 (1922); Murray v. Stuart, 79 Colo. 454 , 247 P. 187 (1926).   Power to bring actions to set aside colorable inter vivos transfers. The administrator of the transferor's estate is authorized and also has standing to bring actions to set aside colorable inter vivos transfers. In re Scavello v. Scott, 194 Colo. 64 , 570 P.2d 1 (1977).   The personal representative must act for the benefit of all interested in the estate. When there is a dispute regarding ownership of interstitial property, the personal representative must bring a separate proceeding to determine ownership. In re Estate of Masden, 24 P.3d 634 (Colo. App. 2001).   Applied in Fry & Co. v. Dist. Court, 653 P.2d 1135 (Colo. 1982).