Chapter 34 - § 34.40 • INDEMNITY FROM DISTRIBUTEES

• Jurisdiction: Colorado

§ 34.40 • INDEMNITY FROM DISTRIBUTEES

Normally, on final settlement, there is no reason to ask distributees to indemnify the representative because the rights of creditors have been disposed of by the statute of nonclaim (see § 16.2.9), or by payment or by disallowance, and the period for contest of the will has expired. The decree of heirship and the decree of distribution, if secured fairly (see § 12.10 and Chapter 36, "Finality of Final Settlement"), are full protection to the representative. Unless there is a possibility of a liability that is not precluded by the various orders of the probate court or by statute, there is no reason for requiring indemnity. If, however, there is something in the probate proceeding that was not fully disclosed in...