Colorado creates personal representative oversight procedure

Colorado has added a new part to its statutes dealing with decedent’s estates to provide a procedure for the judicial oversight of personal representatives.

The statute provides that “[a] court, incident to a court proceeding, possesses and may employ all of the powers and authority expressed in the provisions of this part 5 to maintain the degree of supervision necessary to ensure the timely and proper administration of estates by fiduciaries over whom the court has obtained jurisdiction.”

The court can order accountings, inventories, etc. either on its own motion or on the motion of an interested party.  No reason or justification is required.

The statute provides detailed procedures, penalties, and requires personal representatives to keep the court notified of their address and telephone numbers.

See 2008 Colo. Legis. Serv. Ch. 149 (H.B. 08-1153)