C.R.S. Section 15-10-605
Compensation and costs

  • assessment
  • limitations

(1)

If the court determines that any proceedings pursuant to this code or any pleadings filed in such proceedings were brought, defended, or filed in bad faith, the court may assess the fees and the costs, including reasonable attorney fees, incurred by the fiduciary and other affected parties in responding to the proceedings or pleadings, against an estate, party, person, or entity that brought or defended the proceedings or filed the pleadings in bad faith. Nothing in this section is intended to limit any other remedy, sanction, or surcharge provided by law.

(2)

If any person entitled to compensation under this part 6 is required to defend the reasonableness of compensation or costs in a proceeding, the court may review the fees and costs incurred by the person in defending the compensation or costs, and the fees incurred in challenging the compensation and costs, and may assess the reasonable fees and costs incurred in the proceeding as the court deems equitable. The court may allocate fees or costs assessed pursuant to this subsection (2) in favor of or against the estate or any party, person, or entity involved in the proceeding as justice and equity may require.

(3)

A person who is unsuccessful in defending the reasonableness of compensation or costs at a hearing shall not be entitled to recover the fees or costs of that defense as the court deems equitable.

(4)

A fiduciary who is unsuccessful in defending the fiduciary’s conduct in a proceeding pursuant to this code alleging breach of fiduciary duty shall not recover the fees or costs of that defense as the court deems equitable.

Source: Section 15-10-605 — Compensation and costs - assessment - limitations, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-15.­pdf (accessed Oct. 20, 2023).

15‑10‑101
Short title 15‑10‑102
Purposes - rule of construction 15‑10‑103
Supplementary general principles of law applicable 15‑10‑104
Severability 15‑10‑105
Construction against implied repeal 15‑10‑106
Effect of fraud and evasion 15‑10‑106.5
Petition to determine cause and date of death resulting from disaster - body unidentifiable or missing 15‑10‑107
Evidence of death or status 15‑10‑108
Acts by holder of general power 15‑10‑109
Remarriage of absentee’s spouse 15‑10‑110
Insurance and other contracts - surrender value - effect of contract provisions - suit on claim of death 15‑10‑111
Entry into safe deposit box of decedent - definitions 15‑10‑112
Cost of living adjustment of certain dollar amounts 15‑10‑201
General definitions 15‑10‑301
Territorial application 15‑10‑302
Subject matter jurisdiction 15‑10‑303
Venue - multiple proceedings - transfer 15‑10‑304
Practice in court 15‑10‑305
Records and certified copies 15‑10‑306
Jury trial 15‑10‑307
Registrar - powers 15‑10‑308
Appeals 15‑10‑310
Oath or affirmation on filed document 15‑10‑401
Notice - method and time of giving 15‑10‑402
Notice - waiver 15‑10‑403
Pleadings - when parties bound by others - notice 15‑10‑501
Court powers - definitions - application 15‑10‑502
Initial investigation 15‑10‑503
Power of a court to address the conduct of a fiduciary - emergencies - nonemergencies 15‑10‑504
Surcharge - contempt - sanctions against fiduciaries 15‑10‑505
Notice to fiduciary - current address on file 15‑10‑601
Definitions 15‑10‑602
Recovery of reasonable compensation and costs 15‑10‑603
Factors in determining the reasonableness of compensation and costs 15‑10‑604
Fee disputes - process and procedure 15‑10‑605
Compensation and costs - assessment - limitations 15‑10‑606
Applicability
Green check means up to date. Up to date

Current through Fall 2024

§ 15-10-605’s source at colorado​.gov