Colorado § 13-32-102 - Fees in probate proceedings - equal justice fee collection - court security surcharge collection.

§ 13-32-102. Fees in probate proceedings - equal justice fee collection - court security surcharge collection.

(1) [Editor's note: This version of subsection (1) is effective until July 1, 2027.] On and after July 1, 2019, for services rendered by judges and clerks of district or probate courts in all counties of the state of Colorado in proceedings had pursuant to articles 10 to 17 of title 15, the court shall charge the following fees:

(a) Docket fee at the time of filing first papers in any decedent's estate eligible for summary administrative procedures under section 15-12-1203, or in any small estate of a person under disability qualifying under section 15-14-118, which estates involve no real property.................................................. $ 83.00

(b) Docket fee at time of filing first papers in any estate not coming within the provisions of subsection (1)(a) of this section........................................................................................ 199.00

(c) Additional fee payable by petitioner at time of filing petition for supervised administration of a decedent's estate pursuant to sections 15-12-501 and 15-12-502, except for contested claims 198.00

(d) Docket fee to be paid by the claimant prior to hearing on any contested claim, which fee is taxed by the district or probate court in the same manner as costs in civil actions......................................

.................................................................................................................. 198.00

(e) Registration fee for registration of trust pursuant to article 5 of title 15.............. 198.00

(f) Docket fee at time of filing first papers in each action relating to a trust............. 199.00

(g) Nonrefundable fee for any demand for notice filed pursuant to section 15-12-204...........

................................................................................................................... 36.00

(h) A fee to be paid by the testator at the time of depositing a will with the court during the testator's lifetime pursuant to section 15-11-515............................................................................. 18.00

(1) [Editor's note: This version of subsection (1) is effective July 1, 2027.] On and after July 1, 2027, for services rendered by judges and clerks of district or probate courts in all counties of the state of Colorado in proceedings had pursuant to articles 10 to 17 of title 15, the court shall charge the following fees:

(a) Docket fee at the time of filing first papers in any decedent's estate eligible for summary administrative procedures under section 15-12-1203, or in any small estate of a person under disability qualifying under section 15-14-118, which estates involve no real property.................................................. $ 78.00

(b) Docket fee at time of filing first papers in any estate not coming within the provisions of subsection (1)(a) of this section........................................................................................ 194.00

(c) Additional fee payable by petitioner at time of filing petition for supervised administration of a decedent's estate pursuant to sections 15-12-501 and 15-12-502, except for contested claims 193.00

(d) Docket fee to be paid by the claimant prior to hearing on any contested claim, which fee is taxed by the district or probate court in the same manner as costs in civil actions......................................

.................................................................................................................. 193.00

(e) Registration fee for registration of trust pursuant to article 5 of title 15.............. 193.00

(f) Docket fee at time of filing first papers in each action relating to a trust............. 194.00

(g) Nonrefundable fee for any demand for notice filed pursuant to section 15-12-204...........

................................................................................................................... 31.00

(h) A fee to be paid by the testator at the time of depositing a will with the court during the testator's lifetime pursuant to section 15-11-515............................................................................. 13.00

(2) Repealed.

(3) to (5) (Deleted by amendment, L. 2008, p. 2129, § 8, effective June 4, 2008.)

(6) (a) Each fee collected pursuant to subsection (1)(a) of this section shall be transmitted to the state treasurer and divided as follows:

(I) Repealed.

(II) [Editor's note: This version of subsection (6)(a)(II) is effective until July 1, 2027.] On and after July 1, 2019, forty-eight dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6), five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, fifteen dollars shall be deposited in the office of public guardianship cash fund established pursuant to section 13-94-108 (1), and fifteen dollars shall be deposited in the justice center cash fund created in section 13-32-101 (7)(a).

(II) [Editor's note: This version of subsection (6)(a)(II) is effective July 1, 2027.] On and after July 1, 2027, forty-eight dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6), fifteen dollars shall be deposited in the office of public guardianship cash fund established pursuant to section 13-94-108 (1), and fifteen dollars shall be deposited in the justice center cash fund created in section 13-32-101 (7)(a).

(b) Each fee collected pursuant to subsection (1)(b) of this section shall be transmitted to the state treasurer and divided as follows:

(I) Repealed.

(II) [Editor's note: This version of subsection (6)(b)(II) is effective until July 1, 2027.] On and after July 1, 2019, one hundred forty-three dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6), five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, fifteen dollars shall be deposited in the justice center cash fund created in section 13-32-101 (7)(a), thirty-five dollars shall be deposited in the office of public guardianship cash fund established pursuant to section 13-94-108 (1), and one dollar shall be deposited in the general fund pursuant to section 2-5-119.

(II) [Editor's note: This version of subsection (6)(b)(II) is effective July 1, 2027.] On and after July 1, 2027, one hundred forty-three dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6), fifteen dollars shall be deposited in the justice center cash fund created in section 13-32-101 (7)(a), thirty-five dollars shall be deposited in the office of public guardianship cash fund established pursuant to section 13-94-108 (1), and one dollar shall be deposited in the general fund pursuant to section 2-5-119.

(c) Each fee collected pursuant to subsection (1)(c) of this section shall be transmitted to the state treasurer and divided as follows:

(I) Repealed.

(II) [Editor's note: This version of subsection (6)(c)(II) is effective until July 1, 2027.] On and after July 1, 2019, one hundred forty-three dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6), five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, thirty-five dollars shall be deposited in the office of public guardianship cash fund established pursuant to section 13-94-108 (1), and fifteen dollars shall be deposited in the justice center cash fund created in section 13-32-101 (7)(a).

(II) [Editor's note: This version of subsection (6)(c)(II) is effective July 1, 2027.] On and after July 1, 2027, one hundred forty-three dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6), thirty-five dollars shall be deposited in the office of public guardianship cash fund established pursuant to section 13-94-108 (1), and fifteen dollars shall be deposited in the justice center cash fund created in section 13-32-101 (7)(a).

(d) Each fee collected pursuant to subsection (1)(d) of this section shall be transmitted to the state treasurer and divided as follows:

(I) Repealed.

(II) [Editor's note: This version of subsection (6)(d)(II) is effective until July 1, 2027.] On and after July 1, 2019, one hundred forty-three dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6), five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, thirty-five dollars shall be deposited in the office of public guardianship cash fund established pursuant to section 13-94-108 (1), and fifteen dollars shall be deposited in the justice center cash fund created in section 13-32-101 (7)(a).

(II) [Editor's note: This version of subsection (6)(d)(II) is effective July 1, 2027.] On and after July 1, 2027, one hundred forty-three dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6), thirty-five dollars shall be deposited in the office of public guardianship cash fund established pursuant to section 13-94-108 (1), and fifteen dollars shall be deposited in the justice center cash fund created in section 13-32-101 (7)(a).

(e) Each fee collected pursuant to subsection (1)(e) of this section shall be transmitted to the state treasurer and divided as follows:

(I) Repealed.

(II) [Editor's note: This version of subsection (6)(e)(II) is effective until July 1, 2027.] On and after July 1, 2019, one hundred forty-three dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6), five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, thirty-five dollars shall be deposited in the office of public guardianship cash fund established pursuant to section 13-94-108 (1), and fifteen dollars shall be deposited in the justice center cash fund created in section 13-32-101 (7)(a).

(II) [Editor's note: This version of subsection (6)(e)(II) is effective July 1, 2027.] On and after July 1, 2027, one hundred forty-three dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6), thirty-five dollars shall be deposited in the office of public guardianship cash fund established pursuant to section 13-94-108 (1), and fifteen dollars shall be deposited in the justice center cash fund created in section 13-32-101 (7)(a).

(f) Each fee collected pursuant to subsection (1)(f) of this section shall be transmitted to the state treasurer and divided as follows:

(I) Repealed.

(II) [Editor's note: This version of subsection (6)(f)(II) is effective until July 1, 2027.] On and after July 1, 2019, one hundred forty-three dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6), five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, fifteen dollars shall be deposited in the justice center cash fund created in section 13-32-101 (7)(a), thirty-five dollars shall be deposited in the office of public guardianship cash fund established pursuant to section 13-94-108 (1), and one dollar shall be deposited in the general fund pursuant to section 2-5-119.

(II) [Editor's note: This version of subsection (6)(f)(II) is effective July 1, 2027.] On and after July 1, 2027, one hundred forty-three dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6), fifteen dollars shall be deposited in the justice center cash fund created in section 13-32-101 (7)(a), thirty-five dollars shall be deposited in the office of public guardianship cash fund established pursuant to section 13-94-108 (1), and one dollar shall be deposited in the general fund pursuant to section 2-5-119.

(g) Each fee collected pursuant to subsection (1)(g) of this section shall be transmitted to the state treasurer and divided as follows:

(I) Repealed.

(II) [Editor's note: This version of subsection (6)(g)(II) is effective until July 1, 2027.] On and after July 1, 2019, twenty-five dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6), six dollars shall be deposited in the office of public guardianship cash fund established pursuant to section 13-94-108 (1), and five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204.

(II) [Editor's note: This version of subsection (6)(g)(II) is effective July 1, 2027.] On and after July 1, 2027, twenty-five dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6) and six dollars shall be deposited in the office of public guardianship cash fund established pursuant to section 13-94-108 (1).

(h) Each fee collected pursuant to subsection (1)(h) of this section shall be transmitted to the state treasurer and divided as follows:

(I) Repealed.

(II) [Editor's note: This version of subsection (6)(h)(II) is effective until July 1, 2027.] On and after July 1, 2019, ten dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6), three dollars shall be deposited in the office of public guardianship cash fund established pursuant to section 13-94-108 (1), and five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204.

(II) [Editor's note: This version of subsection (6)(h)(II) is effective July 1, 2027.] On and after July 1, 2027, ten dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6) and three dollars shall be deposited in the office of public guardianship cash fund established pursuant to section 13-94-108 (1).

(7) Beginning January 1, 2025, the court shall collect the equal justice fee in the amount of thirty dollars on filings specified in subsections (1)(a), (1)(b), and (1)(f) of this section on behalf of the equal justice authority and transmit the equal justice fee in the manner specified in section 13-5.7-205 (2).

(8) [Editor's note: Subsection (8) is effective July 1, 2027.] Beginning July 1, 2027, the court shall collect, on behalf of the court security authority, the court security surcharge described in section 13-1-505 on each filing specified in subsection (1) of this section in the amount of ten dollars. The court shall transmit the court security surcharge in the manner specified in section 13-1-505 (2).

Source: L. 45: p. 329, §§ 1 to 4. CSA: C. 66, § 23(1). CRS 53: § 56-5-2. L. 58: pp. 243, 249, §§ 8, 19, 20. L. 60: p. 142, § 1. C.R.S. 1963: § 56-5-2. L. 64: p. 464, § 5. L. 67: p. 992, § 3. L. 74: Entire section R&RE, p. 273, § 1, effective July 1. L. 75: (1)(e) amended and (1)(f) added, p. 587, § 5, effective July 1. L. 84: (1)(a) to (1)(f) amended, p. 456, § 7, effective July 1. L. 87: (1)(b) to (1)(d) and (1)(f) amended, p. 562, § 5, effective July 1. L. 91: IP(1) amended, (1)(g) and (1)(h) added, and (2) repealed, pp. 380, 1443, §§ 4, 3, 4, effective July 1. L. 94: (1)(h) amended, p. 1040, § 17, effective July 1, 1995. L. 95: (1)(b) to (1)(f) amended, p. 740, § 3, effective July 1, 1997. L. 2000: (1)(a) amended, p. 1833, § 5, effective January 1, 2001. L. 2003: (3) added, p. 571, § 2, effective March 18. L. 2007: (4) added, p. 1268, § 3, effective May 25; (5) added, p. 1534, § 20, effective May 31. L. 2008: Entire section amended, p. 2129, § 8, effective June 4. L. 2018: IP(1) and (1)(e) amended, (SB 18-180), ch. 169, p. 1192, § 5, effective January 1, 2019. L. 2019: (1), IP(6)(a), (6)(a)(II), IP(6)(b), (6)(b)(II), IP(6)(c), (6)(c)(II), IP(6)(d), (6)(d)(II), IP(6)(e), (6)(e)(II), IP(6)(f), (6)(f)(II), IP(6)(g), (6)(g)(II), IP(6)(h), and (6)(h)(II) amended, (HB 19-1045), ch. 366, p. 3363, § 4, effective July 1. L. 2024: (7) added, (HB 24-1286), ch. 339, p. 2297, § 5, effective June 3. L. 2026: (1), (6)(a)(II), (6)(b)(II), (6)(c)(II), (6)(d)(II), (6)(e)(II), (6)(f)(II), (6)(g)(II), and (6)(h)(II) amended and (8) added, (HB 26-1422), ch. 331, p. 1954, § 20, effective July 1, 2027.

Editor's note: (1) Subsections (6)(a)(I)(B), (6)(b)(I)(B), (6)(c)(I)(B), (6)(d)(I)(B), (6)(e)(I)(B), (6)(f)(I)(B), and (6)(g)(I)(B) provided for the repeal of subsections (6)(a)(I), (6)(b)(I), (6)(c)(I), (6)(d)(I), (6)(e)(I), (6)(f)(I), and (6)(g)(I), respectively, effective July 1, 2010. (See L. 2008, p. 2129.)

(2) Subsection (6)(h)(I)(B) provided for the repeal of subsection (6)(h)(I), effective July 1, 2011. (See L. 2008, p. 2129.)

Cross references: For the legislative declaration contained in the 2008 act amending this section, see section 1 of chapter 417, Session Laws of Colorado 2008. For the legislative declaration in HB 24-1286, see section 1 of chapter 339, Session Laws of Colorado 2024.

ANNOTATION

Law reviews. For article, "The Inventory and Final Report", see 27 Dicta 291 (1950).