Colorado § 15-13-205 - Powers.

§ 15-13-205. Powers.

A domiciliary foreign personal representative who has complied with section 15-13-204 may exercise as to assets in this state all powers of a local personal representative and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident parties generally.

Source: L. 73: R&RE, p. 1610, § 1. C.R.S. 1963: § 153-4-205.

ANNOTATION

Annotator's note. Since § 15-13-205 is similar to repealed CSA, C. 176, § 141, relevant cases construing that provision have been included in the annotations to this section.

Inspection of corporation books not allowed until provisions of section complied with. Officers of a local corporation will not be compelled to allow an inspection of the corporation books by an administrator in another state, upon the estate of the owner of stock in such corporation, without having complied with the provisions of this section. Clark v. Tindolph, 67 Colo. 67, 185 P. 648 (1919).

Foreign personal representative who complies with § 15-13-204 may prosecute action without taking out appointment here. Executor to whom appointment has issued from the proper court of another state may, upon complying with § 15-13-204, prosecute an action in the courts of the state without taking out appointment here. Berkey v. Bd. of Comm'rs, 48 Colo. 104, 110 P. 197 (1910).

Foreign personal representative may amend petition to incorporate copies of appointment and bond. On the question of executor's legal capacity to sue, where the record shows that duly authenticated copies of his official bond and appointment issued out of the probate court of another state were filed with the clerk of the court in this state, in compliance with the preceding section, the proper practice is to incorporate copies of these documents in the body of the petition itself, and an executor should be allowed to so amend. Berkey v. Bd. of Comm'rs, 48 Colo. 104, 110 P. 197 (1910).

Substantial compliance is sufficient and defect may be cured at any time before hearing. Cordingly v. Kennedy, 239 F. 645 (8th Cir. 1917).

Foreign personal representative must file the appointment and a bond. The substance of this and the preceding section is that upon filing his appointment a foreign personal representative may prosecute or defend an action but the court shall not grant him authority to do so until he has filed the appointment and a bond. Where the question, therefore, is of plaintiff's "legal capacity to sue", this objection, if it appears on the face of the complaint should be taken by answer, and where the objection is not taken by answer, it is waived. Funk v. Funk, 76 Colo. 45, 230 P. 611 (1924).