Colorado Supreme Court, 1018 COBJ, Vol. 47, No. 9 Pg. 92

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47 Colo.Law. 92

Colorado Supreme Court

Vol. 47, No. 9 [Page 92]

The Colorado Lawyer

October, 2018

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

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