Chapter 1 - § 1.6 • BASIS OF JURISDICTION

• Jurisdiction: Colorado

§ 1.6 • BASIS OF JURISDICTION

Jurisdiction over property is acquired by reason of the property's being (1) real property lying within the state; (2) tangible personal property located within the state; (3) intangible personal property, the evidence of title to which is within the state; or (4) tangible or intangible personal property owned by a person who was domiciled in the state at death, under the maxim of mobilia sequuntur personam.

See § 1.11 for a further discussion of cases dealing with intangibles. While the court acts in rem on the property, it acts in personam on the fiduciary since it usually enforces its orders by contempt proceedings. The Colorado Probate Code states the jurisdiction of Colorado courts in general terms to include the affairs and estates of decedents and wards domiciled here and those of nonresidents that are subject to the laws of this state, along with the survivorship and related accounts in this state, and trusts subject to administration in this state. Implicit in the definition in the Code is the fact that, in order to have jurisdiction, the courts of this state must have such control over the persons and property involved that the powers asserted may be exercised under the general rules governing jurisdiction, a determination that involves the interpretation of both the federal and state constitutions.¹⁷

While at common law the title to both real and personal property remained in the ward ("protected person" under Code terminology), under the Code it vests in the conservator, as trustee, with certain exceptions.¹⁸ The fiduciary for the ward is appointed to take charge of the ward's property and devote the income from, and the principal of, the property to the support and care of the ward and those to whom the ward owes a duty of support. When the court has determined the necessity to appoint a conservator and has done so, the duty is imposed on the conservator to apply the resources available to the support of the ward, taking into consideration his or her accustomed standard of living, the advice of his or her guardian and other factors, including the question of gifts to...