Chapter 1 - § 1.7 • NOTICE

• Jurisdiction: Colorado

§ 1.7 • NOTICE

Since probate proceedings are in the nature of proceedings in rem, once the court has acquired jurisdiction of the res it may fully administer the property without giving any further notice to the persons interested in the estate, except as required by statute.²² Where statutory notice has been given, all who are interested, and, in fact, all the world, are bound by all orders or decrees duly entered.²³

While under former law no notice was required in connection with an application for letters of administration, under the Code notice is required by the applicant for letters in informal proceedings to those who have demanded to be given notice of proceedings in the estate and to any persons having an equal or prior right to appointment that has not been waived.²⁴ In case of application for informal probate, notice is required to those requesting notice and to any existing personal representative of the same decedent.²⁵ After informal probate has been granted, if no personal representative has been appointed the moving party must give notice to heirs and devisees.²⁶ (It should be noted that probate may be sought regardless of whether the appointment of a personal representative is sought.) Whenever a personal representative has been appointed (regardless of whether the proceeding to determine testacy or intestacy was formal or informal), the personal representative (except a special administrator) is required to give information of his or her appointment (i.e., notice), and of other pertinent facts, to heirs and devisees in the manner prescribed by the Code. Failure to give the notice does not invalidate the appointment.²⁷

The Code permits a procedure for formal determination of whether the decedent died testate or intestate, and in such proceedings the giving of notice to heirs, devisees under prior wills, executors named in any alleged will, etc., is done in much in the same manner as under former law: the notice is given by personal visit, by mail, or by publication in accordance with the precise provisions of the Code.²⁸ The proceeding for formal determination of testacy or intestacy may include the determination of who is entitled to letters testamentary or of administration and the revocation of any letters previously issued in connection with the same decedent.²⁹ Once appointed, the personal representative is required to provide the information mentioned above. The detailed requirements in the Code respecting notices in connection...