(1) The probate court of the city and county of Denver has original and exclusive jurisdiction in said city and county of:
The administration, settlement, and distribution of estates of decedents, wards, andabsentees;
Property vested in any person under a legal disability but paid to or held by anotherfor such person's use or benefit as authorized by court order or as authorized by a power contained in a will or trust instrument;
Property vested in any minor pursuant to the "Colorado Uniform Transfers to MinorsAct", or any predecessor act thereto, or any act having a substantially similar legal effect;
The probate of wills;
The granting of letters testamentary, of administration, of guardianship, and of conservatorship;
The administration of guardianships of minors and of persons declared mentally incompetent and of conservatorships of persons with mental health disorders or persons with an intellectual and developmental disability and of absentees;
Proceedings under article 23 of title 17 and articles 10 to 15 of title 27, C.R.S.;
The determination of heirship in probate proceedings and the devolution of title toproperty in probate proceedings;
Actions on the official bonds of fiduciaries appointed by it;
The construction of wills;
The administration of testamentary trusts, except as provided in subsection (2) of thissection; and
All other probate matters.
If a testamentary trust is established by the will of the decedent and if it appears thatit was not the intention of the testator that the court should continue the administration of the estate after the payment in full of all debts and legacies except the trust property, the court shall proceed to final settlement of such estate as in other cases, order the trust fund or property to be turned over to the trustee as such, and shall not require the filing of inventories and accounts, or supervise the administration of the trust; except that any party in interest of such trust, including the trustee thereof, may invoke the jurisdiction of the probate court with respect to any matters pertaining to the administration or distribution of such trust or to construe the will under which it was established.
The court has jurisdiction to determine every legal and equitable question arising inconnection with decedents', wards', and absentees' estates, so far as the question concerns any person who is before the court by reason of any asserted right in any of the property of the estate or by reason of any asserted obligation to the estate, including, without limiting the generality of the foregoing, the jurisdiction:
To give full and complete legal and equitable relief in any case in which it is allegedthat the decedent breached an agreement to make or not to make a will;
In any case in which a district court could grant such relief in a separate action brought therein, to impose or raise a trust with respect to any of the property of the decedent or any property in the name of the decedent, individually or in any other capacity, in any case in which the demand for such relief arises in connection with the administration of the estate of a decedent;
To partition any of the real or personal property of any estate in connection with thesettlement thereof.
Nothing in this article shall prevent any district court sitting in law or equity fromconstruing a will which is not before the probate court or from determining questions arising in connection with trusts which are not under the jurisdiction of the probate court.
The court has jurisdiction to determine every legal and equitable question arising outof or in connection with express trusts.
The provisions of articles 10 to 20 of title 15, article 23 of title 17, and articles 10 to15 of title 27, C.R.S., shall govern the issuance and service and proof of service of any process, notice, citation, writ, or order of court and shall govern all other proceedings had pursuant to the powers of the court recited in subsections (1) and (2) of this section. The Colorado rules of civil procedure shall govern such matters when the proceedings are had pursuant to the powers granted to the court under any of the other provisions of this section.
With respect to any trust established by or for an individual with his or her assets,income, or property of any kind, notwithstanding any statutory provision to the contrary, the court shall not authorize, direct, or ratify any trust that either has the effect of qualifying or purports to qualify the trust beneficiary for federal supplemental security income, or public or medical assistance pursuant to title 26, C.R.S., unless the trust meets the criteria set forth in sections 15-14-412.6 to 15-14-412.9, C.R.S., and any rule adopted by the medical services board pursuant to section 25.5-6-103, C.R.S.
Source: L. 64: p. 445, § 3. L. 65: pp. 483, 484, §§ 1, 2. C.R.S. 1963: § 37-20-3. L. 67:
p. 103, § 1. L. 79: (1)(g) and (6) amended, p. 1634, § 22, effective July 19. L. 84: (1)(c) amended, p. 394, § 4, effective July 1. L. 94: (7) added, p. 1604, § 13, effective July 1. L. 2000: (7) amended, p. 1832, § 3, effective January 1, 2001. L. 2006: (7) amended, p. 2001, § 46, effective July 1; (1)(f) amended, p. 1395, § 35, effective August 7. L. 2017: (1)(f) amended, (HB 17-1046), ch. 50, p. 156, § 3, effective March 16; (1)(f) amended, (SB 17-242), ch. 263, p. 1292, § 106, effective May 25.
Cross references: (1) For the "Colorado Uniform Transfers to Minors Act", see article 50 of title 11.
(2) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.