C.R.S. Section 15-14-118
Small estate

  • person under disability
  • no personal representative

(1)

Any interested person may file a verified petition for the distribution without administration of the estate of a person under disability under the provisions of this section.

(2)

The petition must state, so far as known to petitioner:

(a)

The name, date of birth, county, and state of residence of the person under disability;

(b)

If the person under disability is a nonresident of the state, that he or she has a chose in action or other personal property within the county which must be conserved and has no guardian or conservator determined to be appointed by any court;

(c)

The date upon which and the court by which the person under disability was adjudged as having a behavioral or mental health disorder, an intellectual and developmental disability, or other incapacitating disability;

(d)

The description and value of each chose in action or other personal property owned by the person under disability and subject to administration as a part of his or her estate;

(e)

The name, address, relationship, and date of birth, if a minor, of each person who would inherit the estate of the person under disability if the person under disability were then deceased;

(f)

The name and address of each person who would have a claim against the estate if the estate were to be administered and the amount of any such claim;

(g)

The name and address of any person or institution having the care and custody of the person under disability and the post-office address of the person under disability.

(3)

The court may hear such petition without notice or upon such notice as the court may direct.

(4)

If the court finds that the total personal estate of the person under disability subject to administration is ten thousand dollars, or less, that no conservator for the estate has been appointed, and that no useful purpose would be served by the appointment of a conservator, the court may order the personal estate be distributed without the appointment of a conservator as provided in this section.

(5)

The court shall direct the distribution of said personal estate as the court finds the estate would be distributed in case of administration, the claimants being first paid in the order of the class of their claims. The court may order the distribution of any surplus to the person under disability, to the guardian or conservator of person under disability, if the court has appointed a guardian or conservator or to the next friend appointed by the court, or as otherwise provided by law for the distribution of property to persons under legal disability. If distribution to a next friend is ordered, the court, in its order, may attach such conditions regarding bond, reports to the court, and otherwise as it may deem proper.

(6)

The order of court shall constitute sufficient legal authority to any person owing any money, having custody of any property, or acting as a registrar or transfer agent of any evidence of interest, indebtedness, property, or right belonging to the estate, and to persons purchasing or otherwise dealing with the estate, for payment or transfer to the persons described in the order as entitled to receive the estate without administration.

(7)

Anytime within thirty-five days after the making of an order pursuant to this section, any person interested in the estate may file a petition to revoke the same, alleging that other personal property was not included in the petition or that the property described in the petition was improperly valued, and that if said property were added, included, or properly valued as the case may be, the total value of the personal property would exceed ten thousand dollars, or that the order ordered money paid or property distributed to a person not entitled thereto. Upon proof of any such grounds, the court shall revoke the order and enter a more appropriate order, but the revocation or modification of such order shall not impose any liability upon any person who, in reliance upon such order, in good faith, for value, and without notice, paid money or delivered property, or impair the rights of any person who, in reliance on such order, in good faith, for value, and without notice, purchased property or acquired a lien on property.

(8)

If a next friend shall be named to enter into the settlement of a claim of a person under disability against another person for personal injury to the person under disability or for injury to his or her property and the entire net value of the personal estate of the person under disability, including the proposed settlement, after providing for expenses of settlement, is ten thousand dollars or less, such proceeding for approval of the settlement by the court may be had in connection with the petition for the disposition of the estate of the person under disability, including the proceeds of the settlement, under this section, and the court may proceed with the settlement as though a legal guardian or conservator had been appointed and may distribute the net proceeds of the settlement under the provisions of this section. The next friend named may execute releases with the same effect as though they had been executed by a duly appointed legal guardian or conservator.

(9)

For purposes of this section, “person under disability” means a person for whom a protective proceeding could be instituted.

Source: Section 15-14-118 — Small estate - person under disability - no personal representative, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-15.­pdf (accessed Oct. 20, 2023).

15‑14‑101
Short title 15‑14‑102
Definitions 15‑14‑104
Facility of transfer 15‑14‑105
Delegation of power by parent or guardian 15‑14‑106
Subject-matter jurisdiction 15‑14‑107
Transfer of jurisdiction 15‑14‑108
Venue 15‑14‑109
Practice in court - consolidation of proceedings 15‑14‑110
Letters of office 15‑14‑111
Effect of acceptance of appointment 15‑14‑112
Termination of or change in guardian’s or conservator’s appointment 15‑14‑113
Notice 15‑14‑113.5
Appointments without notice - investigation - report - procedures 15‑14‑114
Waiver of notice 15‑14‑115
Guardian ad litem 15‑14‑116
Request for notice - interested persons 15‑14‑117
Multiple appointments or nominations 15‑14‑118
Small estate - person under disability - no personal representative 15‑14‑119
Notice to public institutions on appointment of guardian or conservator 15‑14‑120
Uniform veterans’ guardianship act not affected 15‑14‑121
Uniformity of application and construction 15‑14‑122
Severability clause 15‑14‑201
Appointment and status of guardian 15‑14‑202
Testamentary appointment of guardian - appointment by written instrument 15‑14‑203
Objection of others to parental appointment - consent by minor of twelve years of age or older to appointment of guardian 15‑14‑204
Judicial appointment of guardian - conditions for appointment - definition 15‑14‑205
Judicial appointment of guardian - procedure 15‑14‑206
Judicial appointment of guardian - priority of minor’s nominee - limited guardianship 15‑14‑207
Duties of guardian 15‑14‑208
Powers of guardian 15‑14‑209
Rights and immunities of a guardian 15‑14‑210
Termination of guardianship - other proceedings after appointment 15‑14‑301
Appointment and status of guardian 15‑14‑304
Judicial appointment of guardian - petition 15‑14‑305
Preliminaries to hearing 15‑14‑306
Professional evaluation 15‑14‑308
Presence and rights at hearing 15‑14‑309
Notice 15‑14‑310
Who may be guardian - priorities - prohibition of dual roles 15‑14‑311
Findings - order of appointment 15‑14‑312
Emergency guardian 15‑14‑313
Temporary substitute guardian 15‑14‑314
Duties of guardian 15‑14‑315
Powers of guardian 15‑14‑315.5
Dissolution of marriage and legal separation 15‑14‑316
Rights and immunities of guardian - limitations 15‑14‑317
Reports - monitoring of guardianship - court access to records 15‑14‑318
Termination or modification of guardianship - resignation or removal of guardian 15‑14‑319
Right to a lawyer post-adjudication 15‑14‑401
Protective proceeding 15‑14‑402
Jurisdiction over business affairs of protected person 15‑14‑403
Original petition for appointment or protective order 15‑14‑404
Notice 15‑14‑405
Original petition - minors - preliminaries to hearing 15‑14‑406
Original petition - persons under disability - preliminaries to hearing 15‑14‑406.5
Professional evaluation 15‑14‑408
Original petition - procedure at hearing 15‑14‑409
Original petition - orders 15‑14‑410
Powers of court 15‑14‑411
Required court approval 15‑14‑412
Protective arrangements and single transactions 15‑14‑412.5
Limited court-approved arrangements authorized for persons seeking medical assistance for nursing home care - applicable to trusts established before a certain date 15‑14‑412.6
Trust established by an individual - eligibility for certain public assistance programs - general provisions 15‑14‑412.7
Income trusts - limitations 15‑14‑412.8
Disability trusts - limitations 15‑14‑412.9
Pooled trusts - limitations 15‑14‑413
Who may be conservator - priorities - prohibition of dual roles 15‑14‑414
Petition for order subsequent to appointment 15‑14‑415
Bond 15‑14‑416
Terms and requirements of bond 15‑14‑418
General duties of conservator - financial plan 15‑14‑419
Inventory 15‑14‑420
Reports - appointment of monitor - monitoring - records - court access to records 15‑14‑421
Title by appointment 15‑14‑422
Protected person’s interest inalienable 15‑14‑423
Sale, encumbrance, or other transaction involving conflict of interest 15‑14‑424
Protection of person dealing with conservator 15‑14‑425
Powers of conservator in administration 15‑14‑425.5
Authority to petition for dissolution of marriage or legal separation 15‑14‑426
Delegation 15‑14‑427
Principles of distribution by conservator 15‑14‑428
Death of protected person 15‑14‑429
Presentation and allowance of claims 15‑14‑430
Personal liability of conservator 15‑14‑431
Termination of proceedings 15‑14‑432
Payment of debt and delivery of property to foreign conservator without local proceeding 15‑14‑433
Foreign conservator - proof of authority - bond - powers 15‑14‑434
Right to a lawyer post-adjudication 15‑14‑500.3
Legislative declaration 15‑14‑500.5
Definitions - excluded powers 15‑14‑501
When power of attorney not affected by disability 15‑14‑502
Other powers of attorney not revoked until notice of death or disability 15‑14‑503
Short title 15‑14‑504
Legislative declaration - construction of statute 15‑14‑505
Definitions 15‑14‑506
Medical durable power of attorney 15‑14‑507
Transfer of principal 15‑14‑508
Immunities 15‑14‑509
Interstate effect of medical durable power of attorney 15‑14‑602
Definitions 15‑14‑603
Applicability 15‑14‑604
Duration of agency - amendment and revocation - resignation of agent 15‑14‑606
Duty - standard of care - record keeping - exoneration 15‑14‑607
Reliance on an agency instrument 15‑14‑611
Applicability of part 15‑14‑701
Short title 15‑14‑702
Definitions 15‑14‑703
Applicability 15‑14‑704
Power of attorney is durable 15‑14‑705
Execution of power of attorney 15‑14‑706
Validity of power of attorney 15‑14‑707
Meaning and effect of power of attorney 15‑14‑708
Nomination of conservator or guardian - relation of agent to court-appointed fiduciary 15‑14‑709
When power of attorney effective 15‑14‑710
Termination of power of attorney or agent’s authority 15‑14‑711
Coagents and successor agents 15‑14‑712
Reimbursement and compensation of agent 15‑14‑713
Agent’s acceptance 15‑14‑714
Agent’s duties 15‑14‑715
Exoneration of agent 15‑14‑716
Judicial relief 15‑14‑717
Agent’s liability 15‑14‑718
Agent’s resignation - notice 15‑14‑719
Acceptance of and reliance upon acknowledged power of attorney 15‑14‑720
Liability for refusal to accept acknowledged power of attorney 15‑14‑721
Principles of law and equity 15‑14‑722
Laws applicable to financial institutions and entities 15‑14‑723
Remedies under other law 15‑14‑724
Authority that requires specific grant - grant of general authority 15‑14‑725
Incorporation of authority - incorporation by reference 15‑14‑726
Construction of authority generally 15‑14‑727
Real property 15‑14‑728
Tangible personal property 15‑14‑729
Stocks and bonds 15‑14‑730
Commodities and options 15‑14‑731
Banks and other financial institutions 15‑14‑732
Operation of entity or business 15‑14‑733
Insurance and annuities 15‑14‑734
Estates, trusts, and other beneficial interests 15‑14‑735
Claims and litigation 15‑14‑736
Personal and family maintenance 15‑14‑737
Benefits from governmental programs or civil or military service 15‑14‑738
Retirement plans 15‑14‑739
Taxes 15‑14‑740
Gifts 15‑14‑741
Statutory form - power of attorney 15‑14‑742
Certification 15‑14‑743
Uniformity of application and construction 15‑14‑744
Relation to “Electronic Signatures in Global and National Commerce Act” 15‑14‑745
Effect on existing powers of attorney 15‑14‑801
Legislative declaration 15‑14‑802
Definitions 15‑14‑803
Supported decision-making agreement - term 15‑14‑804
Access to personal information 15‑14‑805
Agreement requirements - signature - witnesses or notary public 15‑14‑806
Reliance on agreement - limitation of liability
Green check means up to date. Up to date

Current through Fall 2024

§ 15-14-118’s source at colorado​.gov