2020 Colorado Revised Statutes
Title 15 - Probate, Trusts, And Fiduciaries
Article 12. Probate of Wills and Administration
Section 15-12-1009. Estates not closed after three years or more.
(1) When records of the court indicate no action has been taken in an estate for a period of three years or more, the court may, on its own motion, and after notice to the attorney of record, if available, or if there is no attorney of record, then to the personal representative, enter an order closing the estate without further accounting. Such closure may likewise be ordered upon the motion of any interested person, as defined in section 15-10-201 (27), or upon motion of the attorney of record. Any order in such case shall provide for the closing of the estate without further accounting, and such order shall not discharge the personal representative or any other person from any liability to the estate, the court, or any other person; except that sureties upon any bond posted in such proceedings shall be released as to any claim arising after closure of the estate under such circumstances.
Unless the court has reason to believe the personal representative's conduct in theadministration of the estate has been improper, closure of the estate as provided in this section shall be without further accounting, report, or hearing.
Upon motion of any interested person, an estate closed pursuant to this section shallbe reopened by the court.
This section shall be applicable to all decedents' estates, whether instituted before orafter the effective date of this code.
Source: L. 73: R&RE, p. 1606, § 1. C.R.S. 1963: § 153-3-1009. L. 79: Entire section R&RE, p. 659, § 1, effective February 22; entire section R&RE, p. 657, § 2, effective May 25. L.
87: (1) amended, p. 602, § 3, effective July 1. L. 94: (1) amended, p. 1038, § 13, effective July 1, 1995.
Cross references: For effective date of this code, see § 15-17-101.
