Lynde v. Rienks

844 P.2d 1295, 16 Brief Times Rptr. 1915, 1992 Colo. App. LEXIS 432
CourtColorado Court of Appeals
DecidedDecember 3, 1992
DocketNo. 91CA0004
StatusPublished
Cited by2 cases

This text of 844 P.2d 1295 (Lynde v. Rienks) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lynde v. Rienks, 844 P.2d 1295, 16 Brief Times Rptr. 1915, 1992 Colo. App. LEXIS 432 (Colo. Ct. App. 1992).

Opinion

[1297]*1297Opinion by

Judge SMITH.

Petitioner, Robert Lynde, appeals the judgment of the probate court dismissing his petition for the appointment of Margaret Rienks (Rienks) as personal representative of the estate of her deceased husband, George. We affirm.

The facts are not in dispute. In 1980, Lynde purchased controlling shares in a Colorado corporation from George and Margaret Rienks. In October 1987, George died testate. In his will, he designated his wife as personal representative and sole beneficiary of his estate. The following spring, a California court ordered that decedent’s property be distributed to Rienks without admitting the will to probate. As a result, the decedent’s estate was not “opened,” nor was a personal representative appointed to oversee its administration.

Approximately two years after decedent’s death, Lynde filed the petition at issue here, seeking to have the probate court “open” an estate for decedent and formally appoint Rienks the estate’s personal representative. At the hearing on Lynde’s petition, Rienks objected to the proposed appointment arguing, in essence, that Lynde was neither a creditor nor an interested party of the estate and, thus, lacked standing to petition for the opening of the estate.

However, a special administrator was appointed pursuant to § 15-12-614, C.R.S. (1987 Repl.Vol. 6B) to investigate the jurisdictional issue which Rienks’ objection had raised. Before the special administrator, Lynde argued that he was, indeed, a creditor and interested party of the estate by virtue of a letter he had written to Rienks in December 1987, expressing his desire to renegotiate the terms of the 1980 purchase and sale.

The special administrator disagreed, however, finding and concluding that the letter did not “constitute presentation of a claim in a manner contemplated by the Colorado Probate Code.” Consequently, Lynde’s “claim,” if any, was untimely, disqualifying him as a creditor and interested party of the estate.

The probate court subsequently adopted the special administrator’s report and, without addressing the issue of whether the content of the letter was sufficient to state a claim, dismissed Lynde’s petition.

I.

On appeal, Lynde challenges the propriety of the probate court’s findings and conclusions, in particular, its conclusion that his letter to Rienks did not constitute a proper presentation. We perceive no error.

Section 15-12-804(1), C.R.S. (1987 Repl. Yol. 6B) details the procedure for the presentation of claims to a decedent’s estate. It provides in pertinent part:

A claimant against a decedent’s estate may deliver or mail to the personal representative a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, or may file a written statement of the claim, in the form prescribed by rule, with the clerk of the court. The claim is deemed presented on the first to occur of receipt of the written statement of claim by the personal representative, or the filing of the claim with the court.

In sum, a claimant has two options. He may elect to file his claim with the clerk of the court. Alternatively, he may elect to mail or deliver his claim to the personal representative of the estate. See Costello, Creditors’ Claims, 13 Colo.Law. 1399 (Aug.1984).

Presentment is critical to a creditor’s claim in that a proper presentment will stop the running of § 15-12-803(1), C.R.S. (1992 Cum.Supp.). Crowley v. Farmers State Bank, 109 Colo. 146, 123 P.2d 407 (1942); H. Parks, Colorado Probate Practice Manual § 16.3 (1976). This nonclaim statute raises a jurisdictional bar to all claims asserted after its expiration which, in this case, is one year from decedent’s death. Strong Brothers Enterprises, Inc. v. Estate of Strong, 666 P.2d 1109 (Colo.App.1983).

Here, Lynde concedes that he never filed his letter, or claim, with the clerk of the [1298]*1298court, thus eliminating one option for presentment under § 15-12-804(1).

Lynde’s argument rests on the interpretation of the statutory alternative, that is, presentation by mail or delivery to “the personal representative.” In that the petition giving rise to this lawsuit seeks Rienks’ formal appointment as personal representative, Lynde does not argue that Rienks was an appointed representative at the time the letter was mailed and delivered. The crux of Lynde’s argument is, rather, that one designated or nominated as personal representative in a will is, in effect, the “personal representative” for the purposes of § 15-12-804(1). We disagree.

We acknowledge that the term “personal representative” is undefined in § 15-12-804, C.R.S. (1987 Repl.Vol. 6B). The statute, however, is part of a comprehensive legislative scheme, the basic purpose of which is to simplify and clarify the law dealing with the administration of a decedent’s estate and to promote a speedy and efficient system for settling the estate. Section 15-10-102, C.R.S. (1987 Repl.Vol. 6B); Strong Bros. Enterprises, Inc. v. Estate of Strong, supra. The term must, thus, be construed in light of this purpose and in harmony with other legislation relating to the same subject matter. See generally Huff v. Tipton, 810 P.2d 236 (Colo.App.1991).

Viewed in light of the foregoing principles of statutory construction, we conclude that Lynde’s interpretation of § 15-12-804 cannot prevail.

The basis for our conclusion is twofold. First, under the Probate Code, § 15-10-101, et seq., C.R.S. (1987 Repl.Vol. 6B), one who is designated or nominated personal representative in the will may, or may not, be subsequently appointed as such by the court. Specifically, § 15-12-103, C.R.S. (1987 Repl.Vol. 6B) conditions appointment on qualification, a discretionary judicial determination. See § 15-12-601, et seq., C.R.S. (1987 Repl.Vol. 6B); Jackson v. Bates, 133 Colo. 248, 293 P.2d 962 (1956). It likewise depends on the willingness of the designated person to serve. Hence, one merely designated personal representative by will, while possessing priority for appointment, see § 15-12-203(l)(a), C.R.S. (1987 Repl.Vol. 6B), may not necessarily be appointed.

Second, under the Probate Code, the consequences of a person’s status as “designated” versus “appointed” personal representative are significant. Indeed, § 15-12-701, C.R.S. (1987 Repl.Vol. 6B) expressly provides:

The duties and powers of a personal representative commence upon his appointment. The powers of a personal representative relate back in time to give acts by the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter. Prior to appointment, a person named executor in a will may carry out written instructions of the decedent relating to his body, funeral, and burial arrangements. A personal representative may ratify and accept acts on behalf of the estate done by others where the acts would have been proper for a personal representative, (emphasis added)

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Related

Cunninghame v. Cunninghame
772 A.2d 1188 (Court of Appeals of Maryland, 2001)
Matter of Estate of Rienks
844 P.2d 1295 (Colorado Court of Appeals, 1992)

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Bluebook (online)
844 P.2d 1295, 16 Brief Times Rptr. 1915, 1992 Colo. App. LEXIS 432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lynde-v-rienks-coloctapp-1992.