Colorado § 15-12-614 - Special administrator - appointment.

§ 15-12-614. Special administrator - appointment.

(1) A special administrator may be appointed:

(a) Informally by the registrar on the application of any interested person when necessary to protect the estate of a decedent prior to the appointment of a general personal representative, or if a prior appointment has been terminated as provided in section 15-12-609;

(b) In a formal proceeding by order of the court on the petition of any interested person, or by the court on the court's own motion, and finding, after notice and hearing, that appointment is necessary to preserve the estate or to secure its proper administration including its administration in circumstances where a general personal representative cannot or should not act. If it appears to the court that an emergency exists, appointment may be ordered without notice.

Source: L. 73: R&RE, p. 1584, § 1. C.R.S. 1963: § 153-3-614. L. 2007: (1)(b) amended, p. 127, § 5, effective July 1.

ANNOTATION

Law reviews. For article, "The Use of Special Administrators in Colorado", see 19 Colo. Law. 2433 (1990).

When there is no prejudice caused by delay nor a lengthy period of inaction by a movant for substitution, rather than allowing substantial rights to be lost by dismissing the action, the court should either allow a reasonable additional time for the movant to submit an amended motion or, failing that, appoint a proper personal representative such as the public administrator. Smith v. Bridges, 40 Colo. App. 171, 574 P.2d 511 (1977).

Where probate court finds under this section that appointment of a special administrator is necessary, court may appoint any proper person as such under § 15-12-615 notwithstanding the provisions in § 15-12-203 on priority of appointment of a personal representative. In re Estate of Franchs, 722 P.2d 422 (Colo. App. 1986).