(1)The probate court of the city and county of Denver
has original and exclusive jurisdiction in said city and county of:
(a)The administration, settlement, and distribution of estates of decedents,
wards, and absentees;
(b)Property vested in any person under a legal disability but paid to or held
by another for such person's use or benefit as authorized by court order or as
authorized by a power contained in a will or trust instrument;
(c)Property vested in any minor pursuant to the Colorado Uniform Transfers
to Minors Act, or any predecessor act thereto, or any act having a substantially
similar legal effect;
(e)The granting of letters testamentary, of administration, of guardianship,
and of conservatorship;
(f)The administration of guardiansh
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(1) The probate court of the city and county of Denver
has original and exclusive jurisdiction in said city and county of:
(a) The administration, settlement, and distribution of estates of decedents,
wards, and absentees;
(b) Property vested in any person under a legal disability but paid to or held
by another for such person's use or benefit as authorized by court order or as
authorized by a power contained in a will or trust instrument;
(c) Property vested in any minor pursuant to the Colorado Uniform Transfers
to Minors Act, or any predecessor act thereto, or any act having a substantially
similar legal effect;
(d) The probate of wills;
(e) The granting of letters testamentary, of administration, of guardianship,
and of conservatorship;
(f) The administration of guardianships of minors and of persons declared
mentally incompetent and of conservatorships of persons with mental health
disorders or persons with an intellectual and developmental disability and of
absentees;
(g) Proceedings under article 23 of title 17 and articles 10 to 15 of title 27,
C.R.S.;
(h) The determination of heirship in probate proceedings and the devolution
of title to property in probate proceedings;
(i) Actions on the official bonds of fiduciaries appointed by it;
(j) The construction of wills;
(k) The administration of testamentary trusts, except as provided in
subsection (2) of this section; and
(l) All other probate matters.
(2) If a testamentary trust is established by the will of the decedent and if it
appears that it was not the intention of the testator that the court should continue
the administration of the estate after the payment in full of all debts and legacies
except the trust property, the court shall proceed to final settlement of such estate
as in other cases, order the trust fund or property to be turned over to the trustee
as such, and shall not require the filing of inventories and accounts, or supervise the
administration of the trust; except that any party in interest of such trust, including
the trustee thereof, may invoke the jurisdiction of the probate court with respect to
any matters pertaining to the administration or distribution of such trust or to
construe the will under which it was established.
(3) The court has jurisdiction to determine every legal and equitable question
arising in connection with decedents', wards', and absentees' estates, so far as the
question concerns any person who is before the court by reason of any asserted
right in any of the property of the estate or by reason of any asserted obligation to
the estate, including, without limiting the generality of the foregoing, the
jurisdiction:
(a) To give full and complete legal and equitable relief in any case in which it
is alleged that the decedent breached an agreement to make or not to make a will;
(b) In any case in which a district court could grant such relief in a separate
action brought therein, to impose or raise a trust with respect to any of the property
of the decedent or any property in the name of the decedent, individually or in any
other capacity, in any case in which the demand for such relief arises in connection
with the administration of the estate of a decedent;
(c) To partition any of the real or personal property of any estate in
connection with the settlement thereof.
(4) Nothing in this article shall prevent any district court sitting in law or
equity from construing a will which is not before the probate court or from
determining questions arising in connection with trusts which are not under the
jurisdiction of the probate court.
(5) The court has jurisdiction to determine every legal and equitable question
arising out of or in connection with express trusts.
(6) The provisions of articles 10 to 20 of title 15, article 23 of title 17, and
articles 10 to 15 of title 27, C.R.S., shall govern the issuance and service and proof
of service of any process, notice, citation, writ, or order of court and shall govern all
other proceedings had pursuant to the powers of the court recited in subsections (1)
and (2) of this section. The Colorado rules of civil procedure shall govern such
matters when the proceedings are had pursuant to the powers granted to the court
under any of the other provisions of this section.
(7) With respect to any trust established by or for an individual with his or her
assets, income, or property of any kind, notwithstanding any statutory provision to
the contrary, the court shall not authorize, direct, or ratify any trust that either has
the effect of qualifying or purports to qualify the trust beneficiary for federal
supplemental security income, or public or medical assistance pursuant to title 26,
C.R.S., unless the trust meets the criteria set forth in sections 15-14-412.6 to 15-14-412.9, C.R.S., and any rule adopted by the medical services board pursuant to
section 25.5-6-103, C.R.S.