§ 15-12-612 — Termination of appointment - change of testacy status

Except
as otherwise ordered in formal proceedings, the probate of a will subsequent to the
appointment of a personal representative in intestacy or under a will which is
superseded by formal probate of another will, or the vacation of an informal
probate of a will subsequent to the appointment of the personal representative
thereunder, does not terminate the appointment of the personal representative
although his powers may be reduced as provided in section 15-12-401. Termination
occurs upon appointment in informal or formal appointment proceedings of a
person entitled to appointment under the later assumption concerning testacy. If no
request for new appointment is made within thirty days after expiration of time for
appeal from the order in formal testacy proceedings, or from the informal probate,
changing the assumption concerning testacy, the previously appointed personal
representative upon request may be appointed personal representative under the
subsequently probated will, or as in intestacy as the case may be.

Legislative History

Source: L. 73: R&RE, p. 1583, � 1. C.R.S. 1963: � 153-3-612.