reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS (§§ 15-12-301 — 15-12-311) › Section 15-12-307 - Informal appointment proceedings - delay in order - duty of registrar - effect of appointment

(1)
Upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in section
15-12-614
, the registrar, after making the findings required by section
15-12-308
, shall appoint the applicant subject to qualification and acceptance; except that, if the decedent was a nonresident, the registrar shall delay the order of appointment until thirty days have elapsed since death unless the personal representative appointed at the decedent's domicile is the applicant, or unless the decedent's will directs that his estate be subject to the laws of this state.
(2)
The status of personal representative and the powers and duties pertaining to the office are fully established by informal appointment. An appointment, and the office of personal representative created thereby, is subject to termination as provided in sections
15-12-608
to
15-12-612
, but is not subject to retroactive vacation.
L. 73: R&RE, p. 1572, § 1. C.R.S. 1963: § 153-3-307.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS (§§ 15-12-301 — 15-12-311) › Section 15-12-308 - Informal appointment proceedings - proof and findings required

(1)
In informal appointment proceedings, the registrar must determine that:
(a)
The application for informal appointment of a personal representative is complete;
(b)
The applicant has made oath or affirmation that the statements contained in the application are true to the best of his knowledge and belief;
(c)
The applicant appears from the application to be an interested person as defined in section
15-10-201 (27)
;
(d)
On the basis of the statements in the application, venue is proper;
(e)
Any will to which the requested appointment relates has been formally or informally probated; but this requirement does not apply to the appointment of a special administrator;
(f)
Any notice required by section
15-12-204
has been given;
(g)
From the statements in the application, the person whose appointment is sought has priority entitling him to the appointment;
(h)
One hundred twenty hours have elapsed since the decedent's death.
(2)
Unless section
15-12-612
controls, the application must be denied if it indicates that a personal representative who has not filed a written statement of resignation as provided in section
15-12-610 (3)
has been appointed in this or another county of this state, that (unless the applicant is the domiciliary personal representative or his nominee) the decedent was not domiciled in this state and that a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile, or that other requirements of this section have not been met.
L. 73: R&RE, p. 1572, § 1. C.R.S. 1963: § 153-3-308. L. 94: (1)(c) amended, p. 1037, § 10, effective 7/1/1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS (§§ 15-12-301 — 15-12-311) › Section 15-12-309 - Informal appointment proceedings - registrar not satisfied

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 appointment is not an adjudication and does not preclude appointment in formal proceedings.
L. 73: R&RE, p. 1573, § 1. C.R.S. 1963: § 153-3-309.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS (§§ 15-12-301 — 15-12-311) › Section 15-12-310 - Informal appointment proceedings - notice requirements

(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 filed with the court.
(2)
No other notice of an informal appointment proceeding is required.
L. 73: R&RE, p. 1573, § 1. C.R.S. 1963: § 153-3-310.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS (§§ 15-12-301 — 15-12-311) › Section 15-12-311 - Informal appointment unavailable in certain cases

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.
L. 73: R&RE, p. 1573, § 1. C.R.S. 1963: § 153-3-311.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS (§§ 15-12-401 — 15-12-414) › Section 15-12-401 - Formal testacy proceedings - nature - when commenced

(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 hearing, enter an order probating a will, or a petition to set aside an informal probate of a will or to prevent informal probate of a will which is the subject of a pending application, or a petition in accordance with section
15-12-402(4)
for an order that the decedent died intestate.
(2)
A petition may seek formal probate of a will without regard to whether the same or a conflicting will has been informally probated. A formal testacy proceeding may, but need not, involve a request for appointment of a personal representative.
(3)
During the pendency of a formal testacy proceeding, the registrar shall not act upon any application for informal probate of any will of the decedent or any application for informal appointment of a personal representative of the decedent.
(4)
Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, must refrain from exercising his power to make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of his office and requesting the appointment of a special administrator. In the absence of a request, or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution.
L. 73: R&RE, p. 1573, § 1. C.R.S. 1963: § 153-3-401.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS (§§ 15-12-401 — 15-12-414) › Section 15-12-403 - Formal testacy proceedings - notice of hearing on petition

(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 for notice under section
15-12-204
.
(b)
Notice shall be given to the following persons: The surviving spouse, children, and other heirs of the decedent, the devisees and executors named in any will that is being or has been probated or offered for informal or formal probate in the county, or that is known by the petitioner to have been probated or offered for informal or formal probate elsewhere, and any personal representative of the decedent whose appointment has not been terminated. Notice may be given to other persons. In addition, the petitioner shall give notice by publication to all unknown persons, if the petitioner has reasonable cause to believe that unknown persons may claim an interest, and to all known persons whose addresses are unknown who have any interest in the matters being litigated.
(2)
If it appears by the petition or otherwise that the fact of the death of the alleged decedent may be in doubt, or on the written demand of any interested person, a copy of the notice of the hearing on said petition shall be sent by registered or certified mail to the alleged decedent at his last known address. The court shall direct the petitioner to report the results of, or make and report back concerning, a reasonably diligent search for the alleged decedent in any manner that may seem advisable, including any or all of the following methods:
(a)
By inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the whereabouts of the alleged decedent;
(b)
By notifying law enforcement officials and public welfare agencies in appropriate locations of the disappearance of the alleged decedent;
(c)
By engaging the services of an investigator. The costs of any search so directed shall be paid by the petitioner if there is no administration or by the estate of the decedent in case there is administration.
L. 73: R&RE, p. 1575, § 1. C.R.S. 1963: § 153-3-403. L. 77: (1)(b) amended, p. 847, § 1, effective March 26.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS (§§ 15-12-401 — 15-12-414) › Section 15-12-404 - Formal testacy proceedings - written objections to probate

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.
L. 73: R&RE, p. 1575, § 1. C.R.S. 1963: § 153-3-404.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS (§§ 15-12-401 — 15-12-414) › Section 15-12-405 - Formal testacy proceedings - uncontested cases - hearings and proof

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 support the order sought. If evidence concerning execution of the will is necessary, the affidavit or testimony of one of the attesting witnesses to the instrument is sufficient. If the affidavit or testimony of an attesting witness is not available, execution of the will may be proved by other evidence or affidavit.
L. 73: R&RE, p. 1575, § 1. C.R.S. 1963: § 153-3-405.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS (§§ 15-12-401 — 15-12-414) › Section 15-12-407 - Formal testacy proceedings - burdens in contested cases

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, prima facie proof of death and venue. Contestants of a will have the burden of establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation. Parties have the ultimate burden of persuasion as to matters with respect to which they have the initial burden of proof. If a will is opposed by the petition for probate of a later will revoking the former, it shall be determined first whether the later will is entitled to probate, and, if a will is opposed by a petition for a declaration of intestacy, it shall be determined first whether the will is entitled to probate.
L. 73: R&RE, p. 1576, § 1. C.R.S. 1963: § 153-3-407.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS (§§ 15-12-401 — 15-12-414) › Section 15-12-408 - Formal testacy proceedings - will construction - effect of final order in another jurisdiction

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, or is based upon, a finding that the decedent was domiciled at his death in the state where the order was made.
L. 73: R&RE, p. 1576, § 1. C.R.S. 1963: § 153-3-408.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS (§§ 15-12-401 — 15-12-414) › Section 15-12-409 - Formal testacy proceedings - order - foreign will

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 shall determine the decedent's domicile at death, his heirs, and his state of testacy. Any will found to be valid and unrevoked shall be formally probated. Termination of any previous informal appointment of a personal representative, which may be appropriate in view of the relief requested and findings, is governed by section
15-12-612
. The petition shall be dismissed or appropriate amendment allowed if the court is not satisfied that the alleged decedent is dead. A will from a place which does not provide for probate of a will after death may be proved for probate in this state by a duly authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will has become effective under the law of the other place.
L. 73: R&RE, p. 1576, § 1. C.R.S. 1963: § 153-3-409.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS (§§ 15-12-401 — 15-12-414) › Section 15-12-410 - Formal testacy proceedings - probate of more than one instrument

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 instrument is probated, the order shall indicate what provisions control in respect to the nomination of an executor, if any. The order may, but need not, indicate how any provisions of a particular instrument are affected by the other instrument. After a final order in a testacy proceeding has been entered, no petition for probate of any other instrument of the decedent may be entertained, except incident to a petition to vacate or modify a previous probate order and subject to the time limits of section
15-12-412
.
L. 73: R&RE, p. 1576, § 1. C.R.S. 1963: § 153-3-410.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS (§§ 15-12-401 — 15-12-414) › Section 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.
L. 73: R&RE, p. 1577, § 1. C.R.S. 1963: § 153-3-411.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS (§§ 15-12-401 — 15-12-414) › Section 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.
L. 73: R&RE, p. 1578, § 1. C.R.S. 1963: § 153-3-413.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 4 - FORMAL TESTACY AND APPOINTMENT PROCEEDINGS (§§ 15-12-401 — 15-12-414) › Section 15-12-414 - Formal proceedings concerning appointment of personal representative

(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 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.
(2)
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
.
L. 73: R&RE, p. 1578, § 1. C.R.S. 1963: § 153-3-414.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 5 - SUPERVISED ADMINISTRATION (§§ 15-12-501 — 15-12-505) › Section 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.
L. 73: R&RE, p. 1578, § 1. C.R.S. 1963: § 153-3-501.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 5 - SUPERVISED ADMINISTRATION (§§ 15-12-501 — 15-12-505) › Section 15-12-502 - Supervised administration - petition - order

(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 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.
(2)
After notice to interested persons, the court shall order supervised administration of a decedent's estate:
(a)
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;
(b)
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
(c)
In other cases if the court finds that supervised administration is necessary under the circumstances.
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.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 5 - SUPERVISED ADMINISTRATION (§§ 15-12-501 — 15-12-505) › Section 15-12-503 - Supervised administration - effect on other proceedings

(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 supervised administration is as provided for formal testacy proceedings by section
15-12-401
.
(3)
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.
L. 73: R&RE, p. 1579, § 1. C.R.S. 1963: § 153-3-503.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 5 - SUPERVISED ADMINISTRATION (§§ 15-12-501 — 15-12-505) › Section 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.
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.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 5 - SUPERVISED ADMINISTRATION (§§ 15-12-501 — 15-12-505) › Section 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.
L. 73: R&RE, p. 1580, § 1. C.R.S. 1963: § 153-3-505.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL, AND TERMINATION OF AUTHORITY (§§ 15-12-601 — 15-12-623) › Section 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.
L. 73: R&RE, p. 1580, § 1. C.R.S. 1963: § 153-3-601.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL, AND TERMINATION OF AUTHORITY (§§ 15-12-601 — 15-12-623) › Section 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
.
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.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL, AND TERMINATION OF AUTHORITY (§§ 15-12-601 — 15-12-623) › Section 15-12-603 - Bond not required without court order - exceptions

(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 requirement of bond; or
(c)
When bond is required under section
15-12-605
.
(2)
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.
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.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL, AND TERMINATION OF AUTHORITY (§§ 15-12-601 — 15-12-623) › Section 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.
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.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL, AND TERMINATION OF AUTHORITY (§§ 15-12-601 — 15-12-623) › Section 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.
L. 73: R&RE, p. 1581, § 1. C.R.S. 1963: § 153-3-605.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL, AND TERMINATION OF AUTHORITY (§§ 15-12-601 — 15-12-623) › Section 15-12-606 - Terms and conditions of bonds

(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 discharge by the fiduciary of all duties according to law;
(b)
Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the personal representative and with each other. The address of sureties shall be stated in the bond.
(c)
By executing an approved bond of a personal representative, the surety consents to the jurisdiction of the probate court which issued letters to the primary obligator in any proceedings pertaining to the fiduciary duties of the personal representative and naming the surety as a party. Notice of any such proceeding shall be delivered to the surety or mailed to him by registered or certified mail at his address as listed with the court where the bond is filed and to his address as then known to the petitioner.
(d)
On petition of a successor personal representative, any other personal representative of the same decedent, or any interested person, a proceeding in the court may be initiated against a surety for breach of the obligation of the bond of the personal representative;
(e)
The bond of the personal representative is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted;
(f)
Unless expressly stated in the bond to the contrary, no surety shall be liable for any actions of the personal representative taken prior to the date of such bond.
(2)
No action or proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.
L. 73: R&RE, p. 1581, § 1. C.R.S. 1963: § 153-3-606. L. 75: (1)(f) added, p. 595, § 26, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL, AND TERMINATION OF AUTHORITY (§§ 15-12-601 — 15-12-623) › Section 15-12-607 - Order restraining personal representative

(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.)
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.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL, AND TERMINATION OF AUTHORITY (§§ 15-12-601 — 15-12-623) › Section 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.
L. 73: R&RE, p. 1582, § 1. C.R.S. 1963: § 153-3-608.
Termination under this section does not discharge the personal representative; for discharge, see §§
15-12-1001
and
15-12-1002
.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL, AND TERMINATION OF AUTHORITY (§§ 15-12-601 — 15-12-623) › Section 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.
L. 73: R&RE, p. 1582, § 1. C.R.S. 1963: § 153-3-609.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL, AND TERMINATION OF AUTHORITY (§§ 15-12-601 — 15-12-623) › Section 15-12-610 - Termination of appointment - voluntary

(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)
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.
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.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL, AND TERMINATION OF AUTHORITY (§§ 15-12-601 — 15-12-623) › Section 15-12-611 - Termination of appointment by removal - cause - procedure

(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 domicile, incident to securing appointment of himself or herself or his or her nominee as ancillary personal representative, may obtain removal of another who was appointed personal representative in this state to administer local assets.
L. 73: R&RE, p. 1582, § 1. C.R.S. 1963: § 153-3-611. L. 2008: Entire section amended, p. 482, § 4, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL, AND TERMINATION OF AUTHORITY (§§ 15-12-601 — 15-12-623) › Section 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.
L. 73: R&RE, p. 1583, § 1. C.R.S. 1963: § 153-3-612.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL, AND TERMINATION OF AUTHORITY (§§ 15-12-601 — 15-12-623) › Section 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.
L. 73: R&RE, p. 1583, § 1. C.R.S. 1963: § 153-3-613.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL, AND TERMINATION OF AUTHORITY (§§ 15-12-601 — 15-12-623) › Section 15-12-614 - Special administrator - appointment

(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 terminated as provided in section
15-12-609
;
(b)
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.
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.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL, AND TERMINATION OF AUTHORITY (§§ 15-12-601 — 15-12-623) › Section 15-12-615 - Special administrator - who may be appointed

(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 appointed special administrator.
L. 73: R&RE, p. 1584, § 1. C.R.S. 1963: § 153-3-615.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL, AND TERMINATION OF AUTHORITY (§§ 15-12-601 — 15-12-623) › Section 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.
L. 73: R&RE, p. 1584, § 1. C.R.S. 1963: § 153-3-616.