Court powers - definitions - application.

Checkout our iOS App for a better way to browser and research.

(1) Court powers. A court, incident to a court proceeding, possesses and may employ all of the powers and authority expressed in the provisions of this part 5 to maintain the degree of supervision necessary to ensure the timely and proper administration of estates by fiduciaries over whom the court has obtained jurisdiction. Nothing in this part 5 shall be interpreted to limit a court's powers under Colorado law. The powers of a court as described in this part 5 do not confer jurisdiction over the fiduciaries of nonsupervised trusts, private trusts, agencies created by powers of attorney, and custodial accounts created under the "Colorado Uniform Transfers to Minors Act", article 50 of title 11, C.R.S., except as provided in paragraph (c) of subsection (2) of this section.

(2) Definitions. As used in this part 5, unless the context otherwise requires:

  1. "Court" means a district court of Colorado and the probate court of the city andcounty of Denver.

  2. "Estate" means the estate of a decedent; a guardianship; a protective proceeding; atrust, including an implied trust; an agency created by a power of attorney; or a custodial account created under the "Colorado Uniform Transfers to Minors Act", article 50 of title 11, C.R.S.

  3. "Jurisdiction" means, and is restricted to, the personal jurisdiction obtained by a courtover a fiduciary as a result of the filing of a proceeding concerning the estate. The filing of a trust registration statement, by itself, shall not constitute a proceeding for the purposes of this part 5.

(3) Application. The provisions of this part 5 apply to any fiduciary over whom a court has obtained jurisdiction, including but not limited to a personal representative, special administrator, guardian, conservator, special conservator, trustee, trust director, agent under a power of attorney, and custodian, including a custodian of assets or accounts created under the "Colorado Uniform Transfers to Minors Act", article 50 of title 11.

Source: L. 2008: Entire part added, p. 477, § 1, effective July 1. L. 2019: (3) amended, (SB 19-105), ch. 51, p. 175, § 10, effective August 2.


Download our app to see the most-to-date content.