Colorado § 15-12-623 - Public administrator - administration - reports - fees.

§ 15-12-623. Public administrator - administration - reports - fees.

(1) The following court docket fees shall be charged:

(a) Public administrator statements of account in small estates, as "small estates" is defined in section 15-12-1201, having gross assets:

Fee

Tax

Total

(I) Less than $500.00

fee waived

(II) $500.00 or more, but less than $2,000.00

$ 9.00

1.00

10.00

(III) $2,000.00 or more

$ 108.00

1.00

109.00

(b) The docket fee charged in all other decedent, trust, or conservatorship estates filed by a public administrator shall be the same fee as those charged to the general public filing a similar type of action.

(c) Nineteen dollars of each fee collected pursuant to subsection (1)(a)(III) of this section shall be transmitted to the state treasurer, who shall deposit it in the office of public guardianship cash fund established pursuant to section 13-94-108 (1).

(2) On or before March 1 of each year, each public administrator and deputy public administrator shall file with the appointing court, using a standard report form directed by the chief justice, an annual report concerning the administration of the public administrator cases during the previous calendar year. In addition to the information required on the standard report form, the public administrator shall provide any additional information required by the appointing court.

(3) The office of the public administrator shall only charge fees and costs that are reasonable and proper for similar services in the community. The public administrator shall maintain detailed time records for all charged services. The public administrator shall attempt to minimize fees while providing quality fiduciary, administrative, and legal services to all assigned estates. The public administrator may charge the estates under his or her administration for the services of attorneys, paralegals, bookkeepers, certified public accountants, investigators, tax counsel, or any other professional or nonprofessional who provides necessary services which further the cost-effective administration of the estates. A public administrator who is a member of a law firm may use the legal services of that firm to assist the public administrator in his or her duties as the public administrator or as a fiduciary. All fees of the public administrator or of the public administrator's agents and employees are subject to review by the court having jurisdiction over the estate in which the fees were incurred. The payment of public administrators' administrative fees and costs shall have priority over all other claims and exempt property or family allowances. In cases in which the public administrator is appointed to administer an estate and a more suitable person is subsequently located and such person is then appointed to continue the administration of the estate, the public administrator shall be entitled to receive the prompt payment of his fees and costs for the period of his administration of the estate.

(4) Cash assets collected by the public administrator in small decedent estates may be combined into a single public administrator's trust account which shall be held in a federally insured bank or savings and loan association located in this state. The total amount of the funds in a single public administrator's trust account shall not exceed the federal deposit insurance limits for such accounts. When an additional account is required, such account shall be opened in a different Colorado bank or savings and loan association which has the required federal deposit insurance protection. Regardless of whether the public administrator is an attorney, all estate funds under the control of a public administrator shall be governed by the rules set forth by the Colorado supreme court in the code of professional responsibility, DR 9-102, dealing with trust accounts, unless otherwise modified by this section. Any public administrator's trust account may be utilized as the temporary depository for any public administrator funds. When letters are issued in an estate, the funds belonging to such an estate shall be promptly transferred to an account or accounts in the individual estate's name.

Source: L. 91: Entire section added, p. 1461, § 5, effective July 1. L. 95: (1)(a)(III) amended, p. 741, § 6, effective July 1, 1997. L. 2018: (2) amended, (SB 18-165), ch. 101, p. 778, § 3, effective August 8. L. 2019: (1)(a)(III) amended and (1)(c) added, (HB 19-1045), ch. 366, p. 3366, § 6, effective July 1.

ANNOTATION

Law reviews. For article, "The Public Administrator: A User's Guide", see 40 Colo. Law. 81 (Jan. 2011). For article, "Streamlining the Public Administrators' Operations: Changes Resulting from the 2017 OSA Audit", see 48 Colo. Law. 49 (May 2019).

PART 7

DUTIES AND POWERS OF PERSONAL REPRESENTATIVES

Law reviews: For article, "Choosing a Fiduciary", see 15 Colo. Law. 203 (1986); for article, "Ethical Problem Areas for Probate Lawyers", see 19 Colo. Law. 1069 (1990); for article, "Who's on First - The Client in Estate Administration", see 22 Colo. Law. 2393 (1993); for article, "A Personal Representative's Right to Participate in a Will Contest", see 33 Colo. Law. 57 (April 2004); for article, "Who's In Charge Here? Priority for Appointment as a Personal Representative in Colorado", see 51 Colo. Law. 48 (Mar. 2022).