§ 15-12-606 — Terms and conditions of bonds

Colorado § 15-12-606

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

Text

(1) The following requirements
and provisions apply to any bond required by sections 15-12-604 and 15-12-605:

(a) Bonds shall name the people of the state of Colorado as obligee for the
benefit of the persons interested in the estate and shall be conditioned upon the
faithful discharge by the fiduciary of all duties according to law;

(b) Unless otherwise provided by the terms of the approved bond, sureties
are jointly and severally liable with the personal representative and with each other.
The address of sureties shall be stated in the bond.

(c) By executing an approved bond of a personal representative, the surety
consents to the jurisdiction of the probate court which issued letters to the primary
obligator in any proceedings pertaining to the fiduciary duties of the personal
representative and naming the surety as a party. Notice of any such proceeding
shall be delivered to the surety or mailed to him by registered or certified mail at his
address as listed with the court where the bond is filed and to his address as then
known to the petitioner.

(d) On petition of a successor personal representative, any other personal
representative of the same decedent, or any interested person, a proceeding in the
court may be initiated against a surety for breach of the obligation of the bond of
the personal representative;

(e) The bond of the personal representative is not void after the first
recovery but may be proceeded against from time to time until the whole penalty is
exhausted;

(f) Unless expressly stated in the bond to the contrary, no surety shall be
liable for any actions of the personal representative taken prior to the date of such
bond.

(2) No action or proceeding may be commenced against the surety on any
matter as to which an action or proceeding against the primary obligor is barred by
adjudication or limitation.

Legislative History

Source: L. 73: R&RE, p. 1581, � 1. C.R.S. 1963: � 153-3-606. L. 75: (1)(f) added, p. 595, � 26, effective July 1.