Chapter 1 - § 1.5 • ACTIVITY OF COURT IN DECEDENTS' ESTATES

• Jurisdiction: Colorado

§ 1.5 • ACTIVITY OF COURT IN DECEDENTS' ESTATES

Under the Uniform Probate Code, if the administration of a decedent's estate is unsupervised, the court has little to do with the details of administration except as the personal representative seeks its aid. In the case of conservators of protected persons, the court requires the filing of an inventory and may require periodic accountings, and, on its own motion or at the request of an interested person, may intervene in the administration of the protected person's affairs.

If the administration of a decedent's estate is supervised, until the supervised administration is terminated the personal representative is subject to the orders of the court in the fulfillment of his or her duties to such extent as the court may determine and may direct the representative with regard to some or all of the duties of collecting assets, determining the validity of claims, converting assets into money if necessary to pay debts, etc., and distributing what is left to those entitled thereto, but this last function must not be exercised without prior order of the court. It is important to note that, absent special court order, the statute imposes only two limitations on the personal representative in supervised administration: (1) no distributions without prior court order, and (2) formal closing.¹² The distinctions between supervised and unsupervised administration are pointed out later in some detail in connection with the discussion of such matters as inventories, claims, management of assets, accounting, sale and mortgage of property, distributions, and final settlement. If the administration of a decedent's estate is supervised, it is a single proceeding in rem until supervision is terminated, but if it is unsupervised, each proceeding or matter before the court is separate from any other matter brought before the court in connection with the same estate.¹³

Among the advantages of the Colorado Probate Code, as against the former practice in Colorado, is the wide variety of choices that are available to the personal representative and his or her lawyer as to the methods to be chosen in the administration of the estate. If it seems appropriate under the circumstances, the administration can be as informal as that which would be possible under an inter vivos trust, in which payment of debts, expenses of administration, death taxes, and distribution into parts or shares (or in further trust or otherwise) can take place...