reglab/housing_qa huggingface dataset:
CO Code § 15-10-304 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 10 - General Provisions, Definitions, Jurisdiction|Part 3 - Scope, Jurisdiction, and Courts|§ 15-10-304. Practice in Court

 Unless specifically provided to the contrary in this code or unless inconsistent with its provisions, the Colorado rules of civil procedure including the rules concerning vacation of orders and appellate review govern formal proceedings under this code.   History. Source: L. 73: R&RE, p. 1546, § 1. C.R.S. 1963: § 153-1-304. History. Source: L. 73: R&RE, p. 1546, § 1. C.R.S. 1963: § 153-1-304.    ANNOTATION   Law reviews. For article, “Will Contests -- Some Procedural Aspects”, see 15 Colo. Law. 787 (1986).   Motions to vacate formal testacy orders are analogous to motions to vacate default judgments under C.R.C.P. 55(c) and 60(b). Craig v. Rider, 651 P.2d 397 (Colo. 1982).   The provisions of C.R.C.P. 54(b) apply to probate proceedings and govern the interlocutory appeal of a probate court order. In re Estate of Scott, 119 P.3d 511 (Colo. App. 2004), aff'd, 136 P.3d 892 (Colo. 2006).
CO Code § 15-10-305 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 10 - General Provisions, Definitions, Jurisdiction|Part 3 - Scope, Jurisdiction, and Courts|§ 15-10-305. Records and Certified Copies

  The clerk of each court shall keep for each decedent, ward, protected person, or trust under the court's jurisdiction a record of any document which may be filed with the court under this code, including petitions and applications, demands for notices or bonds, trust registrations, and of any orders or responses relating thereto by the registrar or court, and establish and maintain a system for indexing, filing, or recording which is sufficient to enable users of the records to obtain adequate information. Upon payment of the fees required by law the clerk must issue certified copies of any probated wills, letters issued to personal representatives, or any other record or paper filed or recorded. Certificates relating to probated wills must indicate whether the decedent was domiciled in this state and whether the probate was formal or informal. Certificates relating to letters must show the date of appointment.    All instruments purporting to be the original wills, upon presentation for probate thereof, shall be recorded by the clerk of the court, in a well-bound book, to be provided by him for that purpose, or photographed, microphotographed, or reproduced on film as a permanent record, and shall remain and be preserved in the office of the clerk of the court. Upon admission of such will to probate, such record shall be sufficient, without again recording the same in the records of the clerk of the court.     History. Source: L. 73: R&RE, p. 1546, § 1. C.R.S. 1963: § 153-1-305. History. Source: L. 73: R&RE, p. 1546, § 1. C.R.S. 1963: § 153-1-305.    Cross references:   For the recording of wills and decrees affecting land, see § 38-30-153 .   ANNOTATION   Law reviews. For article, “A Potpourri of Probate Practice Aids”, see 11 Colo. Law. 1850 (1982).
CO Code § 15-10-306 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 10 - General Provisions, Definitions, Jurisdiction|Part 3 - Scope, Jurisdiction, and Courts|§ 15-10-306. Jury Trial

  If duly demanded, a party is entitled to trial by jury in a formal testacy proceeding and any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury.    If there is no right to trial by jury under subsection (1) of this section or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only.     History. Source: L. 73: R&RE, p. 1546, § 1. C.R.S. 1963: § 153-1-306. History. Source: L. 73: R&RE, p. 1546, § 1. C.R.S. 1963: § 153-1-306.    ANNOTATION   Law reviews. For article, “Will Contests -- Some Procedural Aspects”, see 15 Colo. Law. 787 (1986).   Annotator's notes. (1) Cases relevant to § 15-10-306 decided prior to its earliest source, § 153-1-306, C.R.S. 1963, have been included in the annotations to this section.   (2) For cases construing the right to jury trial in civil cases, see the annotations following C.R.C.P. 38.   Under prior law there was no right to trial by jury in probate proceeding. Stratton v. Rice, 66 Colo. 407 , 181 P. 529 (1919); Miller v. O'Brien, 75 Colo. 117 , 223 P. 1088 (1924).   Contestants entitled to jury if prima facie case is made. Where there is any substantial evidence tending to establish the facts necessary to make out a prima facie case, the contestants of a will are entitled to have the case submitted to the jury for determination on the merits. In re Estate of Sebben, 151 Colo. 12 , 375 P.2d 516 (1962).   Trial court invades province of jury if it weighs evidence. Where trial court assumes to weigh the evidence adduced in support of a caveat and to determine what is and what is not credible evidence, it invades the province of the jury. In re Estate of Sebben, 151 Colo. 12 , 375 P.2d 516 (1962).   Action to declare trust invalid not a “formal proceeding” so as to entitle the trust beneficiaries to a jury trial under this section. Ayres v. King, 665 P.2d 594 (Colo. 1983).   Applied in In re Malone v. Colo. Nat'l Bank, 658 P.2d 284 (Colo. App. 1982).
CO Code § 15-10-307 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 10 - General Provisions, Definitions, Jurisdiction|Part 3 - Scope, Jurisdiction, and Courts|§ 15-10-307. Registrar - Powers

 The acts and orders which this code specifies as performable by the registrar may be performed either by a judge of the court or by a person, including the clerk, designated by the court by a written order filed and recorded in the office of the clerk of the court.   History. Source: L. 73: R&RE, p. 1546, § 1. C.R.S. 1963: § 153-1-307. History. Source: L. 73: R&RE, p. 1546, § 1. C.R.S. 1963: § 153-1-307.    ANNOTATION   Law reviews. For article, “A Potpourri of Probate Practice Aids”, see 11 Colo. Law. 1850 (1982).
CO Code § 15-10-308 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 10 - General Provisions, Definitions, Jurisdiction|Part 3 - Scope, Jurisdiction, and Courts|§ 15-10-308. Appeals

 Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments, and power of the appellate court, is governed by the Colorado appellate rules.   History. Source: L. 73: R&RE, p. 1546, § 1. C.R.S. 1963: § 153-1-308. History. Source: L. 73: R&RE, p. 1546, § 1. C.R.S. 1963: § 153-1-308.    ANNOTATION   No guide as to which probate court orders appealable. The Colorado probate code furnishes no guidance as to the type of probate court orders which may be deemed final for purposes of appeal. In re Estate of Dandrea, 40 Colo. App. 547, 577 P.2d 1112 (1978).   The same rules of finality apply in probate cases as in other civil cases. An order of the probate court is final if it ends the particular action in which it is entered and leaves nothing further for the court pronouncing it to do in order to completely determine the rights of the parties as to that proceeding. In re Estate of Scott, 119 P.3d 511 (Colo. App. 2004), aff'd, 136 P.3d 892 (Colo. 2006).   C.R.C.P. 54(b) governs the interlocutory appeal of a probate court order. In re Estate of Scott, 119 P.3d 511 (Colo. App. 2004), aff'd, 136 P.3d 892 (Colo. 2006).   Those probate court orders which are final and appealable must be determined on a case-by-case basis. The test for finality is whether the order disposes of and is conclusive of the controverted claim for which the proceeding was brought. Estate of Binford v. Gibson, 839 P.2d 508 (Colo. App. 1992).   A party may not obtain a final appealable judgment by filing a new petition under a new case number, where determination of the new petition is inextricably linked to the main probate proceeding and there is no preclusive effect of the probate court's order that dismissed the new petition. In re Estate of Scott, 151 P.3d 642 (Colo. App. 2006).   An order which completely determines the issues of the trustee's indebtedness to and compensation from the estate is a final judgment on those issues. Retainer of jurisdiction by the probate court to later modify the trustee's rate of compensation does not change the order into an interlocutory order. Estate of Binford v. Gibson, 839 P.2d 508 (Colo. App. 1992).   Probate court's order appointing special administrator is final and appealable. In re Estate of Franchs, 722 P.2d 422 (Colo. App. 1986).   Where probate court's order of partial summary judgment adjudicated fewer than all of the parties' claims, it was not a final judgment, and party could not appeal the order without C.R.C.P. 54(b) certification. In re Estate of Scott, 119 P.3d 511 (Colo. App. 2004), aff'd, 136 P.3d 892 (Colo. 2006).
CO Code § 15-10-310 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 10 - General Provisions, Definitions, Jurisdiction|Part 3 - Scope, Jurisdiction, and Courts|§ 15-10-310. Oath or Affirmation on Filed Document

  Except as otherwise specifically provided in this code or by rule, every document filed with the court under this code, including applications, petitions, and demands for notice, shall be deemed to include an oath, affirmation, or statement to the effect that its representations are true as far as the person executing or filing it knows or is informed, and penalties for perjury may follow deliberate falsification therein.    The court shall have jurisdiction over any person, resident or nonresident, who files any document with the court under this code and over any person, resident or nonresident, who executes any such document and who knows or has reason to know that the document will be filed with the court under this code in any proceeding for relief from fraud relating to such a document that may be initiated against such person. Service of process shall be as provided in the Colorado rules of civil procedure.     History. Source: L. 73: R&RE, p. 1546, § 1. C.R.S. 1963: § 153-1-310. L. 77: Entire section amended, p. 831, § 6, effective July 10. History. Source: L. 73: R&RE, p. 1546, § 1. C.R.S. 1963: § 153-1-310. L. 77: Entire section amended, p. 831, § 6, effective July 10.    Cross references:   For service of process, see Rule 4, C.R.C.P.
CO Code § 15-10-402 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 10 - General Provisions, Definitions, Jurisdiction|Part 4 - Notice, Parties, and Representation in Estate Litigation and Other Matters|§ 15-10-402. Notice - Waiver

 A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by a writing signed by him or his attorney and filed in the proceeding.   History. Source: L. 73: R&RE, p. 1547, § 1. C.R.S. 1963: § 153-1-402. History. Source: L. 73: R&RE, p. 1547, § 1. C.R.S. 1963: § 153-1-402.    ANNOTATION   Law reviews. For article, “Will Contests -- Some Procedural Aspects”, see 15 Colo. Law. 787 (1986).
CO Code § 15-10-501 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 10 - General Provisions, Definitions, Jurisdiction|Part 5 - Fiduciary Oversight, Removal, Sanctions, and Contempt|§ 15-10-501. Court Powers - Definitions - Application

  Court powers. A court, incident to a court proceeding, possesses and may employ all of the powers and authority expressed in the provisions of this part 5 to maintain the degree of supervision necessary to ensure the timely and proper administration of estates by fiduciaries over whom the court has obtained jurisdiction. Nothing in this part 5 shall be interpreted to limit a court's powers under Colorado law. The powers of a court as described in this part 5 do not confer jurisdiction over the fiduciaries of nonsupervised trusts, private trusts, agencies created by powers of attorney, and custodial accounts created under the “Colorado Uniform Transfers to Minors Act”, article 50 of title 11, C.R.S., except as provided in paragraph (c) of subsection (2) of this section.    Definitions. As used in this part 5, unless the context otherwise requires:   “Court” means a district court of Colorado and the probate court of the city and county of Denver.    “Estate” means the estate of a decedent; a guardianship; a protective proceeding; a trust, including an implied trust; an agency created by a power of attorney; or a custodial account created under the “Colorado Uniform Transfers to Minors Act”, article 50 of title 11, C.R.S.    “Jurisdiction” means, and is restricted to, the personal jurisdiction obtained by a court over a fiduciary as a result of the filing of a proceeding concerning the estate. The filing of a trust registration statement, by itself, shall not constitute a proceeding for the purposes of this part 5.       Application. The provisions of this part 5 apply to any fiduciary over whom a court has obtained jurisdiction, including but not limited to a personal representative, special administrator, guardian, conservator, special conservator, trustee, trust director, agent under a power of attorney, and custodian, including a custodian of assets or accounts created under the “Colorado Uniform Transfers to Minors Act”, article 50 of title 11.     History. Source: L. 2008: Entire part added, p. 477, § 1, effective July 1. L. 2019: (3) amended,(SB 19-105), ch. 51, p. 175, § 10, effective August 2.    ANNOTATION   This section applies to conservatorship cases with a surcharge proceeding that arises from the supervisory power of the court over parties listed in subsection (3). In Interest of Becker, 2017 COA 114 , 405 P.3d 499.   Applied in Sandstead-Corona v. Sandstead, 2018 CO 26, 415 P.3d 310.
CO Code § 15-10-502 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 10 - General Provisions, Definitions, Jurisdiction|Part 5 - Fiduciary Oversight, Removal, Sanctions, and Contempt|§ 15-10-502. Initial Investigation

  If, during the administration of an estate, a court desires to be informed about the current status of the administration, then the court, on its own motion or the request of an interested person, and without the need to state any reason for its actions, may:   Send a letter to the fiduciary of the estate directing the fiduciary to file with the court one or more of the following documents on or before a date to be determined by the court:   A status report;    An inventory of the current assets of the estate;    An up-to-date interim accounting; or    A financial report concerning the estate;       Order the fiduciary to file or appear before the court to submit one or more of the documents described in paragraph (a) of this subsection (1) on or before a date to be determined by the court.       When a court has directed a fiduciary to file or appear before the court to submit one or more of the documents described in paragraph   of this subsection (1), the fiduciary may request that the documents be placed under security pursuant to rule 20 of the Colorado rules of probate procedure.        History. Source: L. 2008: Entire part added, p. 478, § 1, effective July 1.
CO Code § 15-10-505 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 10 - General Provisions, Definitions, Jurisdiction|Part 5 - Fiduciary Oversight, Removal, Sanctions, and Contempt|§ 15-10-505. Notice to Fiduciary - Current Address on File

  In all actions undertaken pursuant to this part 5, the following provisions shall govern notice to fiduciaries:   In emergency situations. If it appears to a court that an emergency exists because there is an imminent risk of substantial harm to a ward's or protected person's health, safety, or welfare or to the financial interests of an estate, the court may take appropriate action and issue an order with or without prior notice to a fiduciary as the court determines appropriate based upon the nature of the emergency. If a fiduciary of an estate is not present when an emergency order is entered concerning the administration of the estate, the court shall attempt to notify the fiduciary of the court's action and mail a copy of the court's order to the fiduciary at the fiduciary's last address of record on file with the court. Notice of the court's order shall also be served, pursuant to section 15-10-401, upon all interested persons or as the court directs. Notice of all hearings set under section 15-10-503 (1) shall be given pursuant to section 15-10-401.    In nonemergency situations. In nonemergency situations, notice to a fiduciary shall be governed by section 15-10-401.    Contempt. For a hearing to determine possible contempt of a fiduciary, the court shall provide notice to the fiduciary as required by rule 107 of the Colorado rules of civil procedure.       Fiduciary's responsibility to keep current address in court file. Every fiduciary appointed by a court is required to keep his, her, or its current address and telephone number on file with the court. The fiduciary shall promptly notify the court of any change in the fiduciary's address or telephone number.     History. Source: L. 2008: Entire part added, p. 481, § 1, effective July 1.
CO Code § 15-10-601 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 10 - General Provisions, Definitions, Jurisdiction|Part 6 - Compensation and Cost Recovery|§ 15-10-601. Definitions

 As used in this part 6, unless the context otherwise requires:    “Estate” means the property of the decedent, trust, or other person whose affairs are subject to this code or any code included as part of this title 15 as the estate is originally constituted and as the estate exists from time to time during administration. “Estate” includes custodial property as described in the “Colorado Uniform Transfers to Minors Act”, article 50 of title 11; custodial trust property as described in the “Colorado Uniform Custodial Trust Act”, article 1.5 of this title 15; and the property of a principal that is subject to a power of attorney.    “Fiduciary” means:   A personal representative, guardian, conservator, trust director, or trustee;    A custodian as described in the “Colorado Uniform Transfers to Minors Act”, article 50 of title 11, C.R.S.;    A custodial trustee as described in the “Colorado Uniform Custodial Trust Act”, article 1.5 of this title;    An agent as defined in sections 15-10-201 (1), 15-14-602 (3), and 15-14-702 (1); and    A public administrator as described in section 15-12-619.         “Governing instrument” means a will or a trust or a donative, appointive, or nominative instrument of any other type, including but not limited to:   An instrument that creates a custodial transfer as described in the “Colorado Uniform Transfers to Minors Act”, article 50 of title 11, C.R.S.;    A custodial trust as described in the “Colorado Uniform Custodial Trust Act”, article 1.5 of this title;    A medical durable power of attorney as described in section 15-14-506;    An agency instrument as defined in section 15-14-602 (2);    A power of attorney as defined in section 15-14-702 (7);    A court order appointing a guardian as described in parts 2 and 3 of article 14 of this title; and    A court order appointing a conservator as described in part 4 of article 14 of this title.       “Governing instrument” does not include a deed; an insurance or annuity policy; a multiple-party account; a security registered in beneficiary form; a pension; a profit-sharing, retirement, or similar benefit plan; or an individual retirement account.         History. Source: L. 2011: Entire part added, (SB 11-083), ch. 101, p. 295, § 1, effective August 10. L. 2018: (1) amended, (SB 18-180), ch. 169, p. 1193, § 9, effective January 1, 2019. L. 2019: (2)(a) amended, (SB 19-105), ch. 51, p. 176, § 12, effective August 2.
CO Code § 15-10-604 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 10 - General Provisions, Definitions, Jurisdiction|Part 6 - Compensation and Cost Recovery|§ 15-10-604. Fee Disputes - Process and Procedure

  A dispute over the reasonableness of a request for compensation or costs authorized by this part 6 shall be resolved in accordance with the factors set forth in section 15-10-603 (3) and the process and procedure set forth in this section.    For purposes of this section, a fee dispute shall be deemed to have arisen when an objection to compensation or costs has been filed in a proceeding.    After the objection to compensation or costs has been filed, the person requesting compensation or costs shall have thirty-five days, or a greater or lesser time as the court may direct, to make available to the objector for inspection and copying all documentation that the person deems necessary to establish the reasonableness of the compensation and costs in consideration of the factors set forth in section 15-10-603 (3) and to certify to the court that such documentation was made available to the objector on a certain date. The objector shall then have fourteen days, or a greater or lesser time as the court may direct, to file specific written objections to such compensation and costs based on the factors set forth in section 15-10-603 (3). The fourteen days shall commence on the date that the person makes the documentation available to the objector or upon the filing of the person's certification, whichever is later. The court may permit further discovery on the compensation and cost issues raised by the pleadings only upon good cause shown.    Subject to the court's inherent authority to order alternative dispute resolution methods, the court shall determine, after notice and hearing, the amount of compensation and costs it considers to be reasonable and shall issue its findings of fact and conclusions of law referencing the factors set forth in section 15-10-603 (3) and any other factors it deems relevant to its decision.     History. Source: L. 2011: Entire part added, (SB 11-083), ch. 101, p. 300, § 1, effective August 10. L. 2012: (3) amended, (SB 12-175), ch. 208, p. 837, § 42, effective July 1.
CO Code § 15-10-605 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 10 - General Provisions, Definitions, Jurisdiction|Part 6 - Compensation and Cost Recovery|§ 15-10-605. Compensation and Costs - Assessment - Limitations

  If the court determines that any proceedings pursuant to this code or any pleadings filed in such proceedings were brought, defended, or filed in bad faith, the court may assess the fees and the costs, including reasonable attorney fees, incurred by the fiduciary and other affected parties in responding to the proceedings or pleadings, against an estate, party, person, or entity that brought or defended the proceedings or filed the pleadings in bad faith. Nothing in this section is intended to limit any other remedy, sanction, or surcharge provided by law.    If any person entitled to compensation under this part 6 is required to defend the reasonableness of compensation or costs in a proceeding, the court may review the fees and costs incurred by the person in defending the compensation or costs, and the fees incurred in challenging the compensation and costs, and may assess the reasonable fees and costs incurred in the proceeding as the court deems equitable. The court may allocate fees or costs assessed pursuant to this subsection (2) in favor of or against the estate or any party, person, or entity involved in the proceeding as justice and equity may require.    A person who is unsuccessful in defending the reasonableness of compensation or costs at a hearing shall not be entitled to recover the fees or costs of that defense as the court deems equitable.    A fiduciary who is unsuccessful in defending the fiduciary's conduct in a proceeding pursuant to this code alleging breach of fiduciary duty shall not recover the fees or costs of that defense as the court deems equitable.     History. Source: L. 2011: Entire part added, (SB 11-083), ch. 101, p. 301, § 1, effective August 10.