§ 15-12-401 — Formal testacy proceedings - nature - when commenced

Colorado § 15-12-401

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

Text

(1) A
formal testacy proceeding is litigation to determine whether a decedent left a valid
will. A formal testacy proceeding may be commenced by an interested person filing
a petition as described in section 15-12-402 (1) in which he requests that the court,
after notice and hearing, enter an order probating a will, or a petition to set aside an
informal probate of a will or to prevent informal probate of a will which is the
subject of a pending application, or a petition in accordance with section 15-12-402
(4) for an order that the decedent died intestate.

(2) A petition may seek formal probate of a will without regard to whether
the same or a conflicting will has been informally probated. A formal testacy
proceeding may, but need not, involve a request for appointment of a personal
representative.

(3) During the pendency of a formal testacy proceeding, the registrar shall
not act upon any application for informal probate of any will of the decedent or any
application for informal appointment of a personal representative of the decedent.

(4) Unless a petition in a formal testacy proceeding also requests
confirmation of the previous informal appointment, a previously appointed personal
representative, after receipt of notice of the commencement of a formal probate
proceeding, must refrain from exercising his power to make any further distribution
of the estate during the pendency of the formal proceeding. A petitioner who seeks
the appointment of a different personal representative in a formal proceeding also
may request an order restraining the acting personal representative from
exercising any of the powers of his office and requesting the appointment of a
special administrator. In the absence of a request, or if the request is denied, the
commencement of a formal proceeding has no effect on the powers and duties of a
previously appointed personal representative other than those relating to
distribution.

Legislative History

Source: L. 73: R&RE, p. 1573, � 1. C.R.S. 1963: � 153-3-401.