reglab/housing_qa huggingface dataset:
CO Code § 15-12-411 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 4 - Formal Testacy and Appointment Proceedings|§ 15-12-411. Formal Testacy Proceedings - Partial Intestacy

 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.   History. Source: L. 73: R&RE, p. 1577, § 1. C.R.S. 1963: § 153-3-411. History. Source: L. 73: R&RE, p. 1577, § 1. C.R.S. 1963: § 153-3-411.
CO Code § 15-12-413 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 4 - Formal Testacy and Appointment Proceedings|§ 15-12-413. Formal Testacy Proceedings - Vacation of Order for Other Cause

 For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal.   History. Source: L. 73: R&RE, p. 1578, § 1. C.R.S. 1963: § 153-3-413. History. Source: L. 73: R&RE, p. 1578, § 1. C.R.S. 1963: § 153-3-413.    ANNOTATION   Analogous to motion to set aside default judgment. Where there has been no trial of any issues presented upon the pleadings, a motion to vacate an order admitting a will to probate is analogous to a motion to set aside a default judgment for good cause shown under C.R.C.P. 55(c) and 60(b). Craig v. Rider, 628 P.2d 623 (Colo. App. 1980), rev'd on other grounds, 651 P.2d 397 (Colo. 1982).   Criteria to be utilized by a court in ruling on a motion to set aside a default judgment include whether the neglect that resulted in entry of judgment by default was excusable, whether the moving party has alleged a meritorious defense, and whether relief from the challenged order would be consistent with equitable considerations, such as the protection of action taken in reliance on the order and the prevention of prejudice by reason of evidence lost or impaired by the passage of time. Craig v. Rider, 651 P.2d 397 (Colo. 1982).   Excusable neglect sufficient to vacate an order results from circumstances which would cause a reasonably careful person to neglect a duty, and the issue of negligence is determined by the trier of fact. Craig v. Rider, 628 P.2d 623 (Colo. App. 1980), rev'd on other grounds, 651 P.2d 397 (Colo. 1982).   Meritorious defense alone insufficient. A party may not have a judgment vacated solely upon an allegation of the existence of a meritorious defense. Craig v. Rider, 628 P.2d 623 (Colo. App. 1980), rev'd on other grounds, 651 P.2d 397 (Colo. 1982).   A movant must support a claim of meritorious defense by averments of fact, not simply legal conclusions. The factual allegations must be set forth with sufficient fullness and particularity to show that a defense is substantial, not technical; meritorious, not frivolous; and that it may change the result upon trial. Craig v. Rider, 651 P.2d 397 (Colo. 1982).   Burden of proof. The party seeking relief has the burden of establishing his grounds by clear, strong and satisfactory proof. Craig v. Rider, 651 P.2d 397 (Colo. 1982).   Regardless of good cause for delay in filing challenge to formal probate orders, challenges filed after the time allowed by this section are barred. Matter of Estate of Anderson, 727 P.2d 867 (Colo. App. 1986).
CO Code § 15-12-414 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 4 - Formal Testacy and Appointment Proceedings|§ 15-12-414. Formal Proceedings Concerning Appointment of Personal Representative

  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 of the decedent is or may be involved, is governed by section 15-12-402, as well as by this section. In other cases, the petition shall contain or adopt the statements required by section 15-12-301 (2) and describe the question relating to priority or qualification of the personal representative which is to be resolved. If the proceeding precedes any appointment of a personal representative, it shall stay any pending informal appointment proceedings as well as any commenced thereafter. If the proceeding is commenced after appointment, the previously appointed personal representative, after receipt of notice thereof, shall refrain from exercising any power of administration except as necessary to preserve the estate or unless the court orders otherwise.    After notice to interested persons, including all persons interested in the administration of the estate as successors under the applicable assumption concerning testacy, any previously appointed personal representative and any person having or claiming priority for appointment as personal representative, the court shall determine who is entitled to appointment under section 15-12-203, make a proper appointment, and, if appropriate, terminate any prior appointment found to have been improper as provided in cases of removal under section 15-12-611.     History. Source: L. 73: R&RE, p. 1578, § 1. C.R.S. 1963: § 153-3-414. History. Source: L. 73: R&RE, p. 1578, § 1. C.R.S. 1963: § 153-3-414.    ANNOTATION   Law reviews. For article, “A Potpourri of Probate Practice Aids”, see 11 Colo. Law. 1850 (1982).
CO Code § 15-12-501 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 5 - Supervised Administration|§ 15-12-501. Supervised Administration - Nature of Proceedings

 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 representative or other order terminating the proceeding. A supervised personal representative is responsible to the court, as well as to the interested parties, and is subject to directions concerning the estate made by the court on its own motion or on the motion of any interested party. Except as otherwise provided in sections 15-12-502 to 15-12-505 , or as otherwise ordered by the court, a supervised personal representative has the same duties and powers as a personal representative who is not supervised.   History. Source: L. 73: R&RE, p. 1578, § 1. C.R.S. 1963: § 153-3-501. History. Source: L. 73: R&RE, p. 1578, § 1. C.R.S. 1963: § 153-3-501.    ANNOTATION   Law reviews. For article, “A Potpourri of Probate Practice Aids”, see 11 Colo. Law. 1850 (1982).   Applied in In re Estate of Dandrea, 40 Colo. App. 547, 577 P.2d 1112 (1978).
CO Code § 15-12-502 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 5 - Supervised Administration|§ 15-12-502. Supervised Administration - Petition - Order

  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 priority and qualification of any personal representative have not been adjudicated previously, the petition for supervised administration shall include the matters required of a petition in a formal testacy proceeding, and the notice requirements and procedures applicable to a formal testacy proceeding apply. If not previously adjudicated, the court shall adjudicate the testacy of the decedent and questions relating to the priority and qualifications of the personal representative in any case involving a request for supervised administration, even though the request for supervised administration may be denied. (1.5) A supervised administration proceeding may also be initiated by the court upon its own motion after notice and findings as required under subsection (2) of this section.    After notice to interested persons, the court shall order supervised administration of a decedent's estate:   If the decedent's will directs supervised administration, unless the court finds that circumstances bearing on the need for supervised administration have changed since the execution of the will and that there is no necessity for supervised administration;    If the decedent's will directs unsupervised administration such provision shall control unless the personal representative petitions for supervised administration, in which case such petition shall be granted unless the court finds that supervised administration is unnecessary for protection of persons interested in the estate; or    In other cases if the court finds that supervised administration is necessary under the circumstances.        History. Source: L. 73: R&RE, p. 1579, § 1. C.R.S. 1963: § 153-3-502. L. 75: (1.5) added, p. 595, § 24, effective July 1. History. Source: L. 73: R&RE, p. 1579, § 1. C.R.S. 1963: § 153-3-502. L. 75: (1.5) added, p. 595, § 24, effective July 1.    ANNOTATION   Law reviews. For article, “A Potpourri of Probate Practice Aids”, see 11 Colo. Law. 1850 (1982).
CO Code § 15-12-503 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 5 - Supervised Administration|§ 15-12-503. Supervised Administration - Effect on Other Proceedings

  The pendency of a proceeding for supervised administration of a decedent's estate stays action on any informal application then pending or thereafter filed.    If a will has been previously probated in informal proceedings, the effect of the filing of a petition for supervised administration is as provided for formal testacy proceedings by section 15-12-401.    After he has received notice of the filing of a petition for supervised administration, a personal representative who has been appointed previously shall not exercise his power to distribute any estate. The filing of the petition does not affect his other powers and duties unless the court restricts the exercise of any of them pending full hearing on the petition.     History. Source: L. 73: R&RE, p. 1579, § 1. C.R.S. 1963: § 153-3-503. History. Source: L. 73: R&RE, p. 1579, § 1. C.R.S. 1963: § 153-3-503.
CO Code § 15-12-504 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 5 - Supervised Administration|§ 15-12-504. Supervised Administration - Powers of Personal Representative

 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 distributee without prior order of the court. Any other restriction on the power of a personal representative which may be ordered by the court must be endorsed on his letters of appointment and, unless so endorsed, is ineffective as to persons dealing in good faith with the personal representative.   History. Source: L. 73: R&RE, p. 1579, § 1. C.R.S. 1963: § 153-3-504. L. 75: Entire section amended, p. 595, § 25, effective July 1. History. Source: L. 73: R&RE, p. 1579, § 1. C.R.S. 1963: § 153-3-504. L. 75: Entire section amended, p. 595, § 25, effective July 1.
CO Code § 15-12-505 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 5 - Supervised Administration|§ 15-12-505. Supervised Administration - Interim Orders - Distribution and Closing Orders

 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 granting other relief may be issued by the court at any time during the pendency of a supervised administration on the application of the personal representative or any interested person.   History. Source: L. 73: R&RE, p. 1580, § 1. C.R.S. 1963: § 153-3-505. History. Source: L. 73: R&RE, p. 1580, § 1. C.R.S. 1963: § 153-3-505.
CO Code § 15-12-601 (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|§ 15-12-601. Qualification

 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.   History. Source: L. 73: R&RE, p. 1580, § 1. C.R.S. 1963: § 153-3-601. History. Source: L. 73: R&RE, p. 1580, § 1. C.R.S. 1963: § 153-3-601.
CO Code § 15-12-602 (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|§ 15-12-602. Acceptance of Appointment - Consent to Jurisdiction

 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 section 15-10-401 .   History. Source: L. 73: R&RE, p. 1580, § 1. C.R.S. 1963: § 153-3-602. L. 2008: Entire section amended, p. 481, § 2, effective July 1. History. Source: L. 73: R&RE, p. 1580, § 1. C.R.S. 1963: § 153-3-602. L. 2008: Entire section amended, p. 481, § 2, effective July 1.
CO Code § 15-12-603 (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|§ 15-12-603. Bond Not Required Without Court Order - Exceptions

  No bond is required of a personal representative appointed in informal proceedings, except:   Upon the appointment of a special administrator;    When an executor or other personal representative is appointed to administer an estate under a will containing an express requirement of bond; or    When bond is required under section 15-12-605.       Bond may be required by court order at the time of appointment of a personal representative appointed in any formal proceeding; except that bond is not required of a personal representative appointed in formal proceedings if the will relieves the personal representative of bond, unless bond has been requested by an interested party and the court is satisfied that it is desirable. Bond required by any will may be dispensed with in formal proceedings upon determination by the court that it is not necessary. No bond is required of any personal representative who, pursuant to statute, has deposited cash or collateral with an agency of this state to secure performance of his duties.     History. Source: L. 73: R&RE, p. 1580, § 1. C.R.S. 1963: § 153-3-603. L. 77: Entire section R&RE, p. 848, § 1, effective July 1. History. Source: L. 73: R&RE, p. 1580, § 1. C.R.S. 1963: § 153-3-603. L. 77: Entire section R&RE, p. 848, § 1, effective July 1.    ANNOTATION   Law reviews. For article, “Choosing a Fiduciary”, see 15 Colo. Law. 203 (1986).
CO Code § 15-12-604 (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|§ 15-12-604. Bond Amount - Security - Procedure - Reduction

 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 decedent and of the income expected from the personal and real estate during the next year, and he shall execute and file a bond with the registrar, or give other suitable security, in an amount not less than the estimate. The registrar shall determine that the bond is duly executed by a corporate surety, or one or more individual sureties whose performance is secured by pledge of personal property, mortgage on real property, or other adequate security. If the personal representative be a company or association with capital and surplus at least equal to that required by law of a corporate surety, the registrar may excuse a requirement of bond. The registrar may permit the amount of the bond to be reduced by the value of assets of the estate deposited with a domestic financial institution (as defined in section 15-15-201 ) whose deposits are insured to the satisfaction of the court in a manner that prevents their unauthorized disposition. On petition of the personal representative or another interested person, the court may excuse a requirement of bond, increase or reduce the amount of the bond, release sureties, or permit the substitution of another bond with the same or different sureties.   History. Source: L. 73: R&RE, p. 1580, § 1. C.R.S. 1963: § 153-3-604. L. 90: Entire section amended, p. 921, § 6, effective July 1. History. Source: L. 73: R&RE, p. 1580, § 1. C.R.S. 1963: § 153-3-604. L. 90: Entire section amended, p. 921, § 6, effective July 1.    ANNOTATION   Law reviews. For article, “Curative Statutes of Colorado Respecting Title to Real Estate”, see 16 Dicta 35 (1939).
CO Code § 15-12-605 (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|§ 15-12-605. Demand for Bond by Interested Person

 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 make a written demand that a personal representative give bond. The demand must be filed with the registrar and a copy mailed to the personal representative, if appointment and qualification have occurred. Thereupon, the court may require bond in such amount as it may determine and notify the personal representative to file the same, but the requirement ceases if the person demanding bond ceases to be interested in the estate. After he has received notice and until the filing of the bond or cessation of the requirement of bond, the personal representative shall refrain from exercising any powers of his office except as necessary to preserve the estate. Failure of the personal representative to meet a requirement of bond by giving suitable bond within thirty days after receipt of notice is cause for his removal and appointment of a successor personal representative.   History. Source: L. 73: R&RE, p. 1581, § 1. C.R.S. 1963: § 153-3-605. History. Source: L. 73: R&RE, p. 1581, § 1. C.R.S. 1963: § 153-3-605.
CO Code § 15-12-607 (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|§ 15-12-607. Order Restraining Personal Representative

  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.    (Deleted by amendment,L. 2008, p. 482, § 3, effective July 1, 2008.)     History. Source: L. 73: R&RE, p. 1582, § 1. C.R.S. 1963: § 153-3-607. L. 2008: Entire section amended, p. 482, § 3, effective July 1. History. Source: L. 73: R&RE, p. 1582, § 1. C.R.S. 1963: § 153-3-607. L. 2008: Entire section amended, p. 482, § 3, effective July 1.    ANNOTATION   Law reviews. For article, “Termination of a Personal Representative”, see 19 Colo. Law. 213 (1990).   The court may terminate a personal representative at any time for various reasons including mismanagement of the estate's assets or failure to perform any duty pertaining to the office. In the Estate of Sandstead, 897 P.2d 883 (Colo. App. 1995).
CO Code § 15-12-608 (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|§ 15-12-608. Termination of Appointment - General

 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, at any time prior to distribution or until restrained or enjoined by court order, may perform acts necessary to protect the estate and may deliver the assets to a successor representative. Termination does not discharge a personal representative from liability for transactions or omissions occurring before termination, or relieve him of the duty to preserve assets subject to his control, to account therefor, and to deliver the assets. Termination does not affect the jurisdiction of the court over the personal representative, but terminates his authority to represent the estate in any pending or future proceeding.   History. Source: L. 73: R&RE, p. 1582, § 1. C.R.S. 1963: § 153-3-608. History. Source: L. 73: R&RE, p. 1582, § 1. C.R.S. 1963: § 153-3-608.    Editor's note:   Termination under this section does not discharge the personal representative; for discharge, see §§ 15-12-1001 and 15-12-1002 .   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 after initial appointment terminated. Boatright v. Derr, 919 P.2d 221 (Colo. 1996).
CO Code § 15-12-609 (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|§ 15-12-609. Termination of Appointment - Death or Disability

 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 possessed and being administered by a deceased or protected personal representative, the representative of the estate of the deceased or protected personal representative, if any, has the duty to protect the estate possessed and being administered by his decedent or ward at the time his appointment terminates, has the power to perform acts necessary for protection, and shall account for and deliver the estate assets to a successor or special personal representative upon his appointment and qualification, or to any remaining corepresentative.   History. Source: L. 73: R&RE, p. 1582, § 1. C.R.S. 1963: § 153-3-609. History. Source: L. 73: R&RE, p. 1582, § 1. C.R.S. 1963: § 153-3-609.    ANNOTATION   Law reviews. For article, “Termination of a Personal Representative”, see 19 Colo. Law. 213 (1990).