PART 3 SCOPE, JURISDICTION, AND COURTS

• Jurisdiction: Colorado

PART 3 SCOPE, JURISDICTION, AND COURTS

■ 15-10-301. Territorial application. (1) Except as otherwise provided in this code, this code applies to:

(a) The affairs and estates of decedents, missing persons, and persons to be protected, domiciled in this state;

(b) The property of nonresidents located in this state or property coming into the control of a fiduciary who is subject to the laws of this state;

(c) Incapacitated persons and minors in this state;

(d) Survivorship and related accounts in this state;

(e) Trusts subject to administration in this state, to the extent such application is not inconsistent with the "Colorado Uniform Trust Code", article 5 of this title 15; and

(f) Declaration instruments created pursuant to article 19 of this title.

Source: L. 73: R&RE, p. 1545, § 1. C.R.S. 1963: § 153-1-301. L. 2003: (1)(f) added, p. 1355, § 2, effective August 6. L. 2018: (1)(e) amended, (SB 18-180), ch. 169, p. 1193, § 8, effective January 1, 2019.

ANNOTATION

When representative appointed for nonresident decedents. Personal representatives may be appointed for nonresident decedents only when there is property of the nonresident decedent located in the state. Price v. Sommermeyer, 195 Colo. 285, 577 P.2d 752 (1978).

When potential indemnity under insurance policy supports letters of administration. A potential right of indemnity under a liability insurance policy is sufficient personal property to support letters of administration for a nonresident when the insurance carrier is authorized to transact business in this state. Price v. Sommermeyer, 195 Colo. 285, 577 P.2d 752 (1978).

A probate court may exercise in rem jurisdiction over conservatorship property that was transferred outside the state through its continuing jurisdiction over such property. Conservator's unilateral acts of seeking a state conservatorship over a protected person and then improperly transferring assets from the conservatorship to out-of-state trusts did not convert the assets from conservatorship assets into assets of the trusts or mean that those assets never touched Colorado. In re Black, 2020 COA 64M, ___ P.3d ___.

■ 15-10-302. Subject matter jurisdiction. (1) The court has jurisdiction over all subject matter vested by article VI of the state constitution and by articles 1 to 10 of title 13, C.R.S.

(2) The court has full power to make orders, judgments, and decrees and take all other action necessary and proper to administer justice in the matters which come before it.

Source: L. 73: R&RE, p. 1545, § 1. C.R.S. 1963: § 153-1-302.

ANNOTATION

Law reviews. For article, "Probate Jurisdiction for Creditors' Claims", see 29 Colo. Law. 57 (May 2000). Specific enumeration of probate court's subject-matter jurisdiction is applicable to all district courts sitting in probate matters. Lembach v. Lembach, 622 P.2d 606 (Colo. App. 1980).

Federal district court lacked diversity jurisdiction over will contest since probate exception to diversity jurisdiction applied. Exception applied because in Colorado a county court has exclusive original jurisdiction over probate matters. Johnson v. Porter, 931 F. Supp. 761 (D. Colo. 1996).

Probate court has jurisdiction to adjudicate constructive trust issue that arises in connection with the administration of decedent's estate. Lembach v. Lembach, 622 P.2d 606 (Colo. App. 1980); Mitchem v. First Interstate Bank of Denver...