§ 15-12-403 — Formal testacy proceedings - notice of hearing on petition

Colorado § 15-12-403

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

Text

(1)
(a) Upon commencement of a formal testacy proceeding, the court shall fix a time
and place of hearing. Notice shall be given in the manner prescribed by section 15-10-401 by the petitioner to the persons herein enumerated and to any additional
person who has filed a demand for notice under section 15-12-204.

(b) Notice shall be given to the following persons: The surviving spouse,
children, and other heirs of the decedent, the devisees and executors named in any
will that is being or has been probated or offered for informal or formal probate in
the county, or that is known by the petitioner to have been probated or offered for
informal or formal probate elsewhere, and any personal representative of the
decedent whose appointment has not been terminated. Notice may be given to
other persons. In addition, the petitioner shall give notice by publication to all
unknown persons, if the petitioner has reasonable cause to believe that unknown
persons may claim an interest, and to all known persons whose addresses are
unknown who have any interest in the matters being litigated.

(2) If it appears by the petition or otherwise that the fact of the death of the
alleged decedent may be in doubt, or on the written demand of any interested
person, a copy of the notice of the hearing on said petition shall be sent by
registered or certified mail to the alleged decedent at his last-known address. The
court shall direct the petitioner to report the results of, or make and report back
concerning, a reasonably diligent search for the alleged decedent in any manner
that may seem advisable, including any or all of the following methods:

(a) By inserting in one or more suitable periodicals a notice requesting
information from any person having knowledge of the whereabouts of the alleged
decedent;

(b) By notifying law enforcement officials and public welfare agencies in
appropriate locations of the disappearance of the alleged decedent;

(c) By engaging the services of an investigator. The costs of any search so
directed shall be paid by the petitioner if there is no administration or by the estate
of the decedent in case there is administration.

Legislative History

Source: L. 73: R&RE, p. 1575, � 1. C.R.S. 1963: � 153-3-403. L. 77: (1)(b) amended, p. 847, � 1, effective March 26.