Chapter 10 - § 10.2 • WHO IS ENTITLED TO LETTERS

• Jurisdiction: Colorado

§ 10.2 • WHO IS ENTITLED TO LETTERS

The priorities for appointment as intestate personal representative in the estates of resident decedents are established by C.R.S. § 15-12-203. The first preference in intestate cases is for the spouse, and in testate cases the spouse who also is a devisee (should there be a will, the named executor would have the priority and would be appointed in connection with probate proceedings). The next priority is for devisees under the will (if any), and that appointment would be made in connection with testacy proceedings. The surviving spouse and then other heirs come next, in that order, unless they also are devisees. If none of those having a higher priority is appointed within 45 days from the decedent's death, any creditor has priority; however, if the estate appears to be insufficient to satisfy unsecured creditors in full, the court, at the request of creditors, may appoint any qualified person. An objection to appointment can be made only in a formal proceeding. In case of an objection (by a person appearing to have a substantial interest) to a person other than one whose priority is established by will, the court must follow the wishes of a majority in interest of the heirs and devisees, but if they are not in accord, the court may appoint any suitable person.

In 2009, the legislature recognized the right of a single person to designate a non-married person as his or her "designated beneficiary," who has the rights generally equivalent to those of a surviving spouse. C.R.S. § 15-22-105(3) amends C.R.S. § 15-12-203 to provide a priority for appointment.

Effective May 1, 2013, the legislature enacted C.R.S. §§ 14-15-101, et seq., which authorizes any two unmarried adults to enter into a civil union. The law gives a party to a civil union spousal status regarding priority for appointment.

Under a 1993 amendment to C.R.S. § 15-12-203, certain persons entitled to appointment (including a person between the ages of 18 and 21 who, but for his or her age, would be so entitled) may nominate a person. Where such a nomination is made or where a person becomes entitled to appointment on account of the renunciation of another, the appointment may be made in an informal proceeding. The nominee, as the nominator's agent, stands in the nominator's shoes and assumes his or her priority. In re Estate of Newton, 313 P.3d 619 (Colo. App. 2011).

The Code contains other provisions designed to resolve disputes over appointment, which should...