§ 15-14-428 — Death of protected person

(1) If a protected person dies, the
conservator shall deliver to the court for safekeeping any will of the protected
person that is in the conservator's possession or control, inform the personal
representative or devisees named in the will of the delivery, and retain the estate
for delivery to the personal representative of the decedent or to another person
entitled to it.

(2) After the death of the protected person, the conservator shall make no
expenditures of conservatorship funds except with court authorization other than
necessary to preserve the assets of the estate. However, the conservator may
release funds for the funeral or final disposition of the deceased protected person
if necessary to do so under the circumstances.

(3) When a protected person dies, all fees, costs, and expenses of
administration of the conservatorship, including any unpaid conservator fees and
costs and those of his or her counsel, may be submitted to the court for approval in
conjunction with the termination of the conservatorship. Thereafter, all court-approved fees, costs, and expenses of administration arising from the
conservatorship shall be paid as court-approved claims for costs and expenses of
administration in the decedent's estate. In the event that there are insufficient
moneys to pay all claims in the decedent's estate in full, the fees, costs, and
expenses of administration arising from the conservatorship shall retain their
classification as costs and expenses of administration in the decedent's estate
and shall be paid pursuant to section 15-12-805.

Legislative History

Source: L. 2000: Entire part R&RE, p. 1828, � 1, effective January 1, 2001 (see � 15-17-103). L. 2011: (3) added, (SB 11-083), ch. 101, p. 309, � 18, effective August 10. L. 2021: (2) amended, (SB 21-006), ch. 123, p. 493, � 16, effective September 7.