Chapter 1 - § 1.9 • PROBATE JURISDICTION AFTER 1965

• Jurisdiction: Colorado

§ 1.9 • PROBATE JURISDICTION AFTER 1965

Since the revised constitution gives district courts general jurisdiction and specifically includes probate jurisdiction within their powers, these powers need no further discussion. The Denver probate court has its constitutional powers regarding estates of decedents, minors, and the mentally ill and has been given statutory powers over absentees, mentally competent persons, testamentary trusts not taken out of court jurisdiction in the wills creating them, determining legal questions concerning such estates as are brought before it by persons claiming rights or obligations in or from such estates (which would include trying title as between the estate and third persons), construing wills and testamentary and inter vivos trusts, determining rights under contracts concerning wills, dealing with implied and constructive trusts in connection with estate administration, and partitioning property in connection with estate administration.³² It also has certain powers under the Transfers to Minors Act, and with regard to certain property held for the benefit of persons under disability.³³ (See § 44.2.4.)

The court also has contempt and similar remedial powers as to defaulting fiduciaries.³⁴

Many cases have broadly construed the jurisdiction of the Denver Probate Court. In Estate of Bonfils,³⁵ it was held that the court had jurisdiction to hear an attack on a Denver District Court divorce decree (on the basis of extrinsic fraud on the court) in connection with determination of the standing of a former spouse to bring a will contest. In Matter of Petition of First Interstate Bank of Denver, Trustee for Adams County Bonds,³⁶ the jurisdiction of the court was affirmed to grant the petition of a trustee for bond holders to release security interests and to cancel bonds pursuant to the trust indenture. In Mountain States Bank v. Irvin,³⁷ it was held that the probate court and not the Denver District Court had jurisdiction over an attempt by a creditor to reach the decedent's interest in a partnership. On the decedent's death, the decedent's partnership interest vested in his personal representative and could be disposed of only in probate court proceedings. In Mitchem v. First Interstate Bank of Denver,³⁸ an action for constructive trust on estate assets after they passed to the estate of the decedent's wife was in the exclusive jurisdiction of the probate court. It was held in Denver that the jurisdiction of the Denver Probate...