Colorado § 15-1-802 Definitions

Colorado Statutes

§ 15-1-802 — Definitions

Colorado·Title 15 Probate,·Art. Fiduciary

As used in this part 8, unless the context otherwise requires:

(1)Court means the district or probate court having jurisdiction over the administration of the estate or trust.

(2)Estate means the estate of a decedent or a person under disability.

(3)(a) Fiduciary means the one or more persons designated in a will, trust instrument, or otherwise, whether corporate or natural persons and including successors and substitutes, who are acting in any of the following capacities:

(I)Personal representatives, including executors, administrators, administrators with the will annexed (cum testamento annexo), administrators in succession acting under a will (de bonis non), ancillary administrators acting under a will, and ancillary executors;

(II)Special administrators;

(III)Conser

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As used in this part 8, unless the context otherwise
requires:

(1) Court means the district or probate court having jurisdiction over the
administration of the estate or trust.

(2) Estate means the estate of a decedent or a person under disability.

(3) (a) Fiduciary means the one or more persons designated in a will, trust
instrument, or otherwise, whether corporate or natural persons and including
successors and substitutes, who are acting in any of the following capacities:

(I) Personal representatives, including executors, administrators,
administrators with the will annexed (cum testamento annexo), administrators in
succession acting under a will (de bonis non), ancillary administrators acting under
a will, and ancillary executors;

(II) Special administrators;

(III) Conservators; and

(IV) Trustees.

(b) Fiduciary does not include a guardian, special fiduciary, or public
administrator, except when the public administrator has been appointed a fiduciary
as defined in this subsection (3).

(4) Trust means any express trust created by a will, trust instrument, or
other instrument, whereby there is imposed upon a trustee the duty to administer a
trust asset, for the benefit of a named or otherwise described income or principal
beneficiary, or both. A trust shall not include trusts for the benefit of creditors,
resulting or constructive trusts, business trusts where certificates of beneficial
interest are issued to the beneficiary, investment trusts, voting trusts, security
instruments such as deeds of trust and mortgages, trusts created by the judgment
or decree of a court, liquidation or reorganization trusts, or trusts for the sole
purpose of paying dividends, interest, interest coupons, salaries, wages, pensions,
or profits, instruments wherein one or more persons are mere nominees for another,
or trusts created in deposits in any banking institution or savings and loan
institution.

(5) Will means a will of a decedent and includes a testament or codicil.

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