Oversight of Personal Representative In CO Probate Cases Allowed Via New Statute

Though I am sure that some degree of oversight was possible before – the probate court must have had personal jurisdiction over at least one of their PRs in the last, oh, I don’t know hundred or so years, a new Colorado statute gives state probate courts the following powers:

“[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.

Its that last sentence that is interesting.

All probate courts have oversight powers over estate representatives (otherwise we wouldn’t have such courts) but the degree of oversight is always attenuated by whom the court has jurisdiction over at the time, issues of standing and mootness and further by whom may ask a court to do what.

Interesting statute.

Thanks Professor.

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