Colorado § 15-12-1003 - Closing estates - by sworn statement of personal representative.

§ 15-12-1003. Closing estates - by sworn statement of personal representative.

(1) Unless prohibited by order of the court and except for estates being administered in supervised administration proceedings, a personal representative may close an estate by filing with the court, no earlier than six months after the date of original appointment of a general personal representative for the estate or one year after the date of death, whichever occurs first, a verified statement stating that he or she, or a prior personal representative whom he or she has succeeded, has or have:

(a) Fully administered the estate of the decedent by making payment, settlement, or other disposition of all lawful claims, expenses of administration and estate, inheritance and other death taxes, except as specified in the statement, and that the assets of the estate have been distributed to the persons entitled. If any claims remain undischarged, the statement shall state whether the personal representative has distributed the estate subject to possible liability with the agreement of the distributees or it shall state in detail other arrangements which have been made to accommodate outstanding liabilities; and

(b) Sent a copy thereof to all distributees of the estate and to all creditors or other claimants of whom he is aware whose claims are neither paid nor barred and has furnished a full account in writing of his administration to the distributees whose interests are affected thereby.

(2) If no proceedings involving the personal representative are pending in the court one year after the closing statement is filed, the appointment of the personal representative terminates.

Source: L. 73: R&RE, p. 1605, § 1. C.R.S. 1963: § 153-3-1003. L. 77: IP(1) amended, p. 834, § 19, effective July 1. L. 90: IP(1) and (1)(a) amended, p. 906, § 5, effective July 1. L. 94: IP(1) amended, p. 770, § 3, effective April 20.

ANNOTATION

Personal representative had continuing authority to represent estates in pending legal malpractice action as personal representative after initial appointment terminated. Boatright v. Derr, 919 P.2d 221 (Colo. 1996).