Colorado Supreme Court, 1018 COBJ, Vol. 47, No. 9 Pg. 92
| Position | Vol. 47, 9 [Page 92] |
COURT BUSINESS
Rule Change 2018(11) Colorado Rules of Probate Procedure And Colorado Probate Code Forms
PART 1. GENERAL
Rule 1. Scope of Rules—How Known and Cited
Rule 2. Definitions [Reserved]
Rule3. Registry of Court—Payments and Withdrawals
Rule 4. Delegation of Powers to Clerk and Deputy Clerk
Rule 5. Rules of Court
Rule 6. Reserved
Rule 7. Reserved
Rule 8. Reserved
Rule 9. Reserved
PART 2. PLEADINGS
Rule 10. Judicial Department Forms
Rule 11. Correction of Clerical Errors
Rule 12. Petitions Must Indicate Persons Under Legal Disability
Rule 13. Reserved
Rule 14. Reserved
Rule 15. Reserved
Rule 16. Reserved
Rule 17. Reserved
Rule 18. Reserved
Rule 19. Reserved
PART 3. NOTICE
Rule 20. Process and Notice
Rule 21. Demands and Requests for Notice
Rule 22. Constitutional Adequacy of Notice
Rule 23. Waiver of Notice
Rule 24. Determination of Matters by Hearing Without Appearance
Rule 25. Notice of Formal Proceedings Terminating Estates
Rule 26. Conservatorship—Closing
Rule 27. Reserved
Rule 28. Reserved
Rule 29. Reserved
PART 4. FIDUCIARIES
Rule 30. Change of Contact Information
Rule 31. Accountings and Reports
Rule 32. Appointment of Nonresident—Power of Attorney
Rule 33. Bond and Surety
Rule 34. Reserved
Rule 35. Reserved
Rule 36. Reserved
Rule 37. Reserved
Rule 38. Reserved
Rule 39. Reserved
PART 5. CONTESTED PROCEEDINGS
Rule 40. Discovery
Rule 41. Jury Trial—Demand and Waiver
Rule 42. Objections to Accounting, Final Settlement, Distribution or Discharge
Rule 43. Reserved
Rule 44. Reserved
Rule 45. Reserved
Rule 46. Reserved
Rule 47. Reserved
Rule 48. Reserved
Rule 49. Reserved
PART 6. DECEDENT'S ESTATES
Rule 50. Wills—Deposit for Safekeeping and Withdrawals
Rule 51. Transfer of Lodged Wills
Rule 52. Informal Probate—Separate Writings
Rule 53. Heirs and Devisees—Unknown, Missing or Nonexistent—Notice to Attorney General
Rule 54. Supervised Administration—Scope of Supervision—Inventory and Accounting
Rule 55. Court Order Supporting Deed of Distribution
Rule 56. Foreign Personal Representatives
Rule 57. Reserved
Rule 58. Reserved
Rule 59. Reserved
PART 7. PROTECTIVE PROCEEDINGS
Rule 60. Physicians' Letters or Professional Evaluation
Rule 61. Financial Plan with Inventory and Motion for Approval—Conservatorships
Rule 62. Court Approval of Settlement of Claims of Persons Under Disability
Rule 63. Foreign Conservators
Rule 64. Reserved
Rule 65. Reserved
Rule 66. Reserved
Rule 67. Reserved
Rule 68. Reserved
Rule 69. Reserved
PART 8. TRUSTS
Rule 70. Trust Registration—Amendment, Release and Transfer
Rule 71. Reserved
Rule 72. Reserved
Rule 73. Reserved
Rule 74. Reserved
Rule 75. Reserved
Rule 76. Reserved
Rule 77. Reserved
Rule 78. Reserved
Rule 79. Reserved
PART 1. GENERAL
Rule 1. Scope of Rules—How Known and Cited
(a) Procedure Governed. These rules govern the procedure in the probate court for the city and county of Denver and district courts when sitting in probate. In case of conflict between these rules and the Colorado Rules of Civil Procedure (C.R.C.R), or between these rules and any local rules of probate procedure, these rules will control.
(b) How Known and Cited. These rules will be known and cited as the Colorado Rules of Probate Procedure, or C.R.P.R
(c) In General. "Colorado Probate Code" means Articles 10 to 17 of Title 15 of the Colorado Revised Statutes (C.R.S.). Except as otherwise provided, terms used in these rules are defined in die applicable sections of Title 15, C.R.S., as amended.
Rule 2. Definitions [Reserved]
Rule 3. Registry of Court— Payments and Withdrawals
Payments into and withdrawals from the registry of the court must be made only upon order of court.
Rule 4. Delegation of Powers to Clerk and Deputy Clerk
(a) The court by written order may, in addition to duties and powers exercised as registrar in informal proceedings, delegate to the clerk or deputy clerk any one or more of the following duties, powers and authorities to be exercised under the supervision of the court:
(1) To appoint fiduciaries and to issue letters, if there is no written objection to the appointment or issuance on file;
(2) To set a date for hearing on any matter and to vacate any such setting;
(3) To issue dedimus to take testimony of a witness to a will;
(4) To approve the bond of a fiduciary;
(5) To appoint a guardian ad litem, subject to the provisions of law;
(6) To certify copies of documents filed in the court;
(7) To order a deposited will lodged in the records and to notify the named personal representative;
(8) To enter an order for service by mailing or by publication where such order is authorized by law or by the Colorado Rules of Civil Procedure;
(9) To correct any clerical error in documents filed in the court;
(10) To appoint a special administrator in connection with the claim of a fiduciary;
(11) To order a will transferred to another jurisdiction pursuant to Rule 51 herein;
(12) To admit wills to formal probate and to determine heirship, if there is no objection to such admission or determination by any interested person;
(13) To enter estate closing orders in formal proceedings, if there is no objection to entry of such order by any interested person;
(14) To issue a citation to appear to be examined regarding assets alleged to be concealed, etc., pursuant to § 15-12-723, C.R.S.;
(15) To order an estate reopened for subsequent administration pursuant to § 15-12-1008, C.R.S.;
(16) To enter other orders upon the stipulation of all interested persons.
(b) All orders and proceedings by the clerk or deputy clerk under this rule must be made part of the permanent record.
(c) Any person in interest affected by an order entered or action taken under the authority of this rule may have the matter heard by the judge by filing a motion for such hearing within 14 days after the entering of the order or the taking of the action. Upon the filing of such a motion, the order or action in question must be vacated and the motion placed on the calendar of the court for as early a hearing as possible, and the matter must then be heard by the judge. The judge may, within the same 14 day period referred to above, vacate the order or action on the court's own motion. If a motion for hearing by the judge is not filed within the 14 day period, or the order or action is not vacated by the judge on the court's own motion within such period, the order or action of the clerk or deputy clerk will be final as of its date subject to applicable rights of appeal. The acts, records, orders, and judgments of the clerk or deputy clerk not vacated pursuant to the foregoing provision will have the same force, validity, and effect as if made by the judge.
Rule 5. Rules of Court
(a) Repeal of Local rules. All local probate rules are hereby repealed. Local rules may be enacted pursuant to C.R.C.R 121(b).
(b) Procedure not otherwise specified. If no procedure is specifically prescribed by rule or statute, the court may proceed in any lawful manner not inconsistent with these rules of probate procedure and the Colorado Probate Code and must look to the Colorado Rules of Civil Procedure and to the applicable law if no rule of probate procedure exists.
Rule 6. Reserved
Rule 7. Reserved
Rule 8. Reserved
Rule 9. Reserved
PART 2. PLEADINGS
Rule 10. Judicial Department Forms
The Judicial Department Forms (IDF) approved by the Supreme Court should be used where applicable. Any pleading, document, or form filed in a probate proceeding should, insofar as possible, substantially follow the format and content of the approved IDF, if applicable.
Rule 11. Correction of Clerical Errors
(a) Documents with clerical errors filed with the court may be made the subject of a written request for correction by filing IDF 740 or a document that substantially follows the format and content of the approved IDF, if applicable, and may file a corrected document.
(b) A clerical error may include, but is not limited to:
(1) Errors in captions;
(2) Misspellings;
(3) Errors in dates, other than dates for settings, hearings, and limitations periods; or
(4) Transposition errors.
(c) A clerical error does not include the addition of an argument, allegation, or fact that has legal significance. If the court is not satisfied that a written request for correction is a clerical error, the request may be denied.
Rule 12. Petitions Must Indicate Persons Under Legal Disability
(a) Petition Requirements and Notice. If a person under legal disability has any interest in the subject matter of a petition which requires the issuance of notice, the petition must state:
(1) That an interested person is under legal disability as defined in subsection (b) below;
(2) The name, age, and residence of the person under legal disability; and
(3) The name of the guardian, conservator, or personal representative, if any.
(b) Legal Disability. A person under legal disability includes, but is not limited to, a person who is:
(1) Under 18 years of age; or
(2) Incompetent or incapacitated to such an extent that the individual is incapable of adequately representing his or her own interest.
Rule 13. Reserved
Rule 14. Reserved
Rule 15. Reserved
Rule 16. Reserved
Rule 17. Reserved
Rule 18. Reserved
Rule 19. Reserved
PART 3. NOTICE
Rule 20. Process and Notice
The issuance, service, and proof of service of any process, notice, or order of court under the Colorado Probate Code will be governed by the provisions of the Colorado Probate...
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