Cpc Newsletter
| Publication year | 1976 |
| Pages | 1487 |
| Citation | Vol. 5 No. 9 Pg. 1487 |
1976, October, Pg. 1487. CPC Newsletter
The abundance of notice requirements in the Colorado Probate Code (CPC) indicates that its draftors felt that the best protection to "interested persons" in an estate administration, was to provide an opportunity to know of each step in the administration of the estate. Armed with such knowledge, an interested person can protect his own interests by participation in court action to prevent improper exercise of the broad powers granted to personal representatives. Notice of every court proceeding undertaken by the representative provides that knowledge, and this technique was considered to be a more reliable safeguard against improper action by a personal representative than blind reliance upon the court to police the administration of an estate---"a role which it is ill-adapted to perform."(fn1) This newsletter will examine the notice provisions of the CPC as to formal probate proceedings and other matters requiring court hearings, whether in supervised or unsupervised administration.
Section 15-10-401 sets forth the fundamental notice requirements mandated by the CPC: except for other specific notice requirements in the CPC, if notice of a hearing on any petition is required, the petitioner shall cause notice of the time and place of the hearing to be given to any interested person, or his attorney, by mailing a copy by certified or registered mail, return receipt requested to be signed by the addressee only, addressed to the person being notified at the post office address given in a demand for notice or at his office or residence. The return receipt must show delivery at least ten days prior to the time set for the hearing.
Notice may also be accomplished by personal delivery to the individual being notified at least ten days prior to hearing.
If either the address or the identity of any person is unknown and cannot be ascertained with reasonable diligence, notice may be given by publishing a copy of the notice once a week for three consecutive weeks in a newspaper of general circulation in the county where the hearing is to be held, the last publication to be not less than ten days prior to the time set for the hearing. If there is no such newspaper in the county of appointment, publication is to be made in such a newspaper in an adjoining county. Publication must be made during each of three consecutive weeks, allowing at least twelve days between the first and last publication.
Under the statute, proof of notice is to be made on or before the hearing and filed in the proceedings, although it appears that local court rule sometimes modifies this requirement. For example, the Probate Court of Denver requires that proof of notice or publication be submitted to the court at least two days prior to the hearing.
For good cause, the court may provide for a different method or time of giving notice for any hearing.
Section 15-10-201(23) defines "interested person" to include heirs, devisees, children, spouse, creditors, beneficiaries, and any other having a property right in or claim against a trust or estate of a decedent, ward or protected person which may be affected by the proceeding. It also includes persons having...
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