§ 15-10-401 — Notice - method and time of giving

Colorado § 15-10-401

• Jurisdiction: Colorado
• Title 15: Probate,
• Art.: General Provisions, Definitions,

Text

(1) If notice of a hearing on
any petition is required, and except for specific notice requirements as otherwise
provided, the petitioner shall cause notice of the time and place of hearing on any
petition to be given to any interested person or to the interested person's attorney
of record or the interested person's designee. Notice shall be given:

(a) By mailing a copy thereof at least fourteen days before the time set for
the hearing by certified, registered, or ordinary first-class mail addressed to the
person being notified at the post-office address given in any demand for notice, or
at the person's office or place of residence, if known; or

(b) By delivering a copy thereof to the person being notified personally at
least fourteen days before the time set for the hearing; or

(c) If the address or identity of any person is not known and cannot be
ascertained with reasonable diligence, by publishing once a week for three
consecutive weeks, a copy thereof in a newspaper having general circulation
published in the county where the hearing is to be held, the last publication of
which is to be at least fourteen days before the time set for the hearing. In case
there is no newspaper of general circulation published in the county of
appointment, said publication shall be made in such a newspaper in an adjoining
county. A motion for court permission to publish the notice of any hearing shall not
be required unless otherwise directed by the court.

(2) The court for good cause shown may provide for a different method or
time of giving notice for any hearing.

(3) Proof of the giving of notice shall be made on or before the hearing and
filed in the proceeding. If notice is given by publication, at the time the party who
issued the notice by publication files proof of publication, that party shall also file
an affidavit verified by the oath of such party or by someone on his or her behalf
stating the facts that warranted the use of publication for service of the notice of
the hearing and stating the efforts, if any, that have been made to obtain personal
service or service by mail. The affidavit shall also state the address, or last-known
address, of each person served by publication or shall state that the person's
address or identity is unknown and cannot be ascertained with reasonable
diligence.

(4) Publication once a week for three consecutive weeks means publication
once during each week of three consecutive calendar weeks with at least twelve
days elapsing between the first and last publications.

Legislative History

Source: L. 73: R&RE, p. 1547, � 1. C.R.S. 1963: � 153-1-401. L. 75: (4) amended, p. 589, � 10, effective July 1. L. 77: (1)(a) amended, p. 831, � 7, effective July 1. L. 2002: Entire section amended, p. 651, � 4, effective July 1. L. 2012: (1) amended, (SB 12-175), ch. 208, p. 836, � 40, effective July 1.