§ 15-12-1303 — Hearing - notice - service

Colorado § 15-12-1303

• Jurisdiction: Colorado
• Title 15: Probate,
• Art.: Probate of Wills and Administration

Text

(1) The petitioner shall prepare a
notice that identifies the petition and includes the name of each decedent; the
name of each interested person; a description of the property set forth in the
petition, including a legal description if the property is real property; and the time
and place of the hearing on the petition. The notice must direct all interested
persons to appear and object to the petition on or before the hearing date and time
specified in the notice. The notice must further direct that all objections to the
petition must be filed in writing with the court and be served on the petitioner, and
that the filing fee must be paid on or before the hearing date and time specified in
the notice. The notice must set forth that the hearing will be limited to objections
timely filed and served and that, if no objections are timely filed and served, then
the court may enter a decree without a hearing.

(2) The notice must be served on each interested person named in the
petition whose address is shown on the petition and who does not join in the
petition; or who does not consent to the granting of the petition or enter a personal
appearance; or who does not admit, accept, or waive service. Service may be by
personal service or by mailing. If service is by personal service within the state,
service must be completed at least twenty-one days prior to the hearing. If service
is by personal service outside the state or by mailing a copy thereof, postage
prepaid, addressed to the address shown on the petition either within or outside the
state, service must be completed at least thirty-five days prior to the hearing. The
petitioner shall file a return of service for each instance of personal service and
shall make and file a certificate of mailing stating the name of the person to whom
the copy was mailed, the address to which the copy was mailed, that it was mailed
postage prepaid, and the date of mailing. A copy of the petition must be served with
the notice.

(3) The petitioner shall also cause the notice to be published once a week for
three consecutive weeks, as defined in section 15-10-401 (4), in a newspaper of
general circulation in the county in which the proceeding is filed, or if there is no
such newspaper in the county, then in a newspaper of general circulation in an
adjoining Colorado county. Additionally, such notice must also be published once a
week for three consecutive weeks in a newspaper of general circulation in any
other county in which real property that is subject to the proceeding is located, or if
there is no such newspaper in such county, then in a newspaper of general
circulation in an adjoining Colorado county. Service by publication is complete on
the last day of publication, which must occur on or before thirty-five days before
the hearing. The petitioner shall file with the court the publisher's affidavit or
affidavits of publication stating the dates of publication.

Legislative History

Source: L. 93: Entire part R&RE, p. 1243, � 1, effective July 1. L. 2012: (1) and (3) amended, (SB 12-175), ch. 208, p. 838, � 46, effective July 1. L. 2016: Entire section amended, (SB 16-133), ch. 145, p. 433, � 4, effective August 10.