§ 15-12-619 — Public administrator - appointment - oath - bond - deputy

(1)
The district or probate court in each judicial district may appoint a person who shall
be known as the public administrator. The appointee shall be a qualified elector
over twenty-one years of age and shall be a resident of or maintain a principal place
of business in the judicial district in which the appointee is to act as public
administrator. Unless authorized by the appointing court, the appointee shall
remain a resident of or maintain a principal place of business in the judicial district
in which the appointee has been appointed during the period in which the appointee
holds the office of public administrator. The person appointed as the public
administrator shall serve at the pleasure of the appointing court until discharged by
the court or until such person's resignation is accepted by the appointing court. Any
person appointed as a public administrator shall not be considered an employee of
either the state of Colorado or of the judicial district or the city or the county in
which such person has been appointed public administrator because of his or her
appointment as public administrator.

(2) Before taking office, a public administrator shall take and subscribe an
oath, before a district or probate judge of the appointing judicial district, in the
following form:

I, ___________, in accepting the position of the public administrator in and for
the ________ judicial district of the state of Colorado, do solemnly swear (or affirm)
that I will support the constitution of the United States and of the state of Colorado,
and that I will faithfully perform the duties of the office of public administrator as
required by law.

(3) If a public administrator is discharged or resigns from office, the public
administrator may, at the court's discretion, be permitted to complete the
administration of any estate or trust in which the public administrator has been
previously appointed, or is acting as the public administrator, at the time of
discharge or resignation.

(4) Every public administrator shall procure and maintain a general bond in
the sum of one hundred thousand dollars covering the public administrator's
performance and the performance of the public administrator's employees to the
people of the state of Colorado. Such bond shall be conditioned on the faithful
discharge of the duties of the office of the public administrator and must be filed in
the office of the secretary of state on an annual basis. If the Colorado attorney
general finds reasonable grounds to believe that a public administrator has
improperly administered a public administrator's estate, the attorney general may
sue upon such bond in the name of the people of the state of Colorado to
compensate any party harmed by any neglect or wrongful act by a public
administrator or the public administrator's employees. In addition to the above
general bond, a public administrator may also be required to give such bonds as are
required of other fiduciaries.

(5) The public administrator is authorized to act as provided in this section
and sections 15-12-620, 15-12-621, 15-12-622, and 15-12-623 and as directed by the
appointing court. A public administrator may also be appointed as a fiduciary in
other cases in any judicial district in the state of Colorado or elsewhere as needed.

(6) Subject to the approval and confirmation by the district or probate court
in each judicial district, the public administrator may also appoint one or more
deputy public administrators. Deputy public administrators must be qualified
electors over the age of twenty-one. Any deputy public administrator serves at the
pleasure of the appointing court and the public administrator in that judicial district
until such time as the deputy public administrator is discharged by the court or the
public administrator or until the deputy public administrator resigns. The
resignation of a deputy public administrator is not effective until it is filed with and
approved by the appointing court. The deputy public administrator shall act as
directed by the public administrator in the deputy public administrator's judicial
district. Deputy public administrators are subject to all requirements of public
administrators as set forth in this section, including the bond requirement in
subsection (4) of this section.

(7) Any acting public administrator or deputy public administrator who was
appointed prior to July 1, 1991, shall be exempt from the appointment criteria
required by this section.

Legislative History

Source: L. 73: R&RE, p. 1584, � 1. C.R.S. 1963: � 153-3-619. L. 91: Entire section R&RE, p. 1453, � 1, effective July 1. L. 2006: (1) amended, p. 377, � 6, effective July 1. L. 2018: (4) and (6) amended, (SB 18-165), ch. 101, p. 777, � 1, effective August 8.