Colorado § 15-12-1002 - Formal proceedings terminating testate administration - order construing will without adjudicating testacy.

§ 15-12-1002. Formal proceedings terminating testate administration - order construing will without adjudicating testacy.

A personal representative administering an estate under an informally probated will or any devisee under an informally probated will may petition for an order of settlement of the estate which will not adjudicate the testacy status of the decedent. The personal representative may petition at any time, and a devisee may petition after one year, from the appointment of the original personal representative; except that no petition under this section may be entertained until the time for presenting claims which arose prior to the death of the decedent has expired. The petition may request the court to consider the final account or compel or approve an accounting and distribution, to construe the will and adjudicate final settlement and distribution of the estate. After notice to all devisees and the personal representative and hearing, the court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate under the will, and, as circumstances require, approving settlement and directing or approving distribution of the estate and discharging the personal representative from further claim or demand of any devisee who is a party to the proceeding and those he represents. If it appears that a part of the estate is intestate, the proceedings shall be dismissed or amendments made to meet the provisions of section 15-12-1001.

Source: L. 73: R&RE, p. 1604, § 1. C.R.S. 1963: § 153-3-1002.

ANNOTATION

When determining whether this section or § 15-12-1001 applies, a court must consider two factors: (1) whether the party's request for formal closure of the estate also included a request to adjudicate testacy; and (2) whether the orders settling the estate may impact persons other than the personal representative or a devisee of the will. In re Estate of Schmier, 2025 COA 19, 568 P.3d 35.