§ 15-12-502 — Supervised administration - petition - order

(1) A petition for
supervised administration may be filed by any interested person or by a personal
representative at any time, or the prayer for supervised administration may be
joined with a petition in a testacy or appointment proceeding. If the testacy of the
decedent and the priority and qualification of any personal representative have not
been adjudicated previously, the petition for supervised administration shall include
the matters required of a petition in a formal testacy proceeding, and the notice
requirements and procedures applicable to a formal testacy proceeding apply. If
not previously adjudicated, the court shall adjudicate the testacy of the decedent
and questions relating to the priority and qualifications of the personal
representative in any case involving a request for supervised administration, even
though the request for supervised administration may be denied.

(1.5) A supervised administration proceeding may also be initiated by the
court upon its own motion after notice and findings as required under subsection (2)
of this section.

(2) After notice to interested persons, the court shall order supervised
administration of a decedent's estate:

(a) If the decedent's will directs supervised administration, unless the court
finds that circumstances bearing on the need for supervised administration have
changed since the execution of the will and that there is no necessity for
supervised administration;

(b) If the decedent's will directs unsupervised administration such provision
shall control unless the personal representative petitions for supervised
administration, in which case such petition shall be granted unless the court finds
that supervised administration is unnecessary for protection of persons interested
in the estate; or

(c) In other cases if the court finds that supervised administration is
necessary under the circumstances.

Legislative History

Source: L. 73: R&RE, p. 1579, � 1. C.R.S. 1963: � 153-3-502. L. 75: (1.5) added, p. 595, � 24, effective July 1.