§ 15-10-403 — Pleadings - when parties bound by others - notice

Colorado § 15-10-403

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

Text

(1) In formal
proceedings involving trusts or estates of decedents, minors, protected persons, or
incapacitated persons, and in judicially supervised settlements, the provisions of
this section are applicable.

(2) Interests to be affected shall be described in pleadings which give
reasonable information to owners by name or class, by reference to the instrument
creating the interests, or in other appropriate manner.

(3) Persons are bound by orders binding others in the following cases:

(a) Orders binding the sole holder or all coholders of a power of revocation or
a presently exercisable general power of appointment, including one in the form of
a power of amendment, bind other persons to the extent their interests (as objects,
takers in default, or otherwise) are subject to the power.

(b) To the extent there is no conflict of interest between them or among
persons represented, orders binding a conservator bind the person whose estate he
controls; orders binding a guardian bind the ward if no conservator of his estate has
been appointed; orders binding a trustee bind beneficiaries of the trust in
proceedings to probate a will establishing or adding to a trust, to review the acts or
accounts of a prior fiduciary and in proceedings involving creditors or other third
parties; and orders binding a personal representative bind persons interested in the
undistributed assets of a decedent's estate in actions or proceedings by or against
the estate.

(c) If there is no conflict of interest and no conservator or guardian has been
appointed, a parent may represent his minor child, and where there is such
representation orders binding the parent bind the minor child.

(d) An unborn, unascertained, minor, or incapacitated person who is not
otherwise represented is bound by an order to the extent his or her interest is
adequately represented by another party having a substantially identical interest in
the proceeding.

(4) Notice is required as follows:

(a) Notice as prescribed by section 15-10-401 shall be given to each
interested person or to one who can bind an interested person as described in
subsection (3) of this section. Notice may be given both to a person and to another
who may bind him.

(b) Notice is given to unborn, unascertained, minor, or incapacitated persons
who are not represented under subsection (3) of this section by giving notice to all
known persons whose interests in the proceedings are substantially identical to
those of the unborn, unascertained, minor, or incapacitated persons.

(5) At any point in a proceeding, a court may appoint a guardian ad litem to
represent the interest of a minor, an incapacitated, protected, unborn, or
unascertained person, or a person whose identity or address is unknown, if the
court determines that a need for such representation appears. If not precluded by
conflict of interests, a guardian ad litem may be appointed to represent several
persons or interests. The court shall set out its reasons for appointing a guardian ad
litem as a part of the record of the proceeding.

Legislative History

Source: L. 73: R&RE, p. 1547, � 1. C.R.S. 1963: � 153-1-403. L. 2000: (3)(d) and (4)(b) amended, p. 1172, � 2, effective May 26. L. 2009: (5) amended, (HB 09-1241), ch. 169, p. 761, � 16, effective April 22.