2021 Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 10 - General Provisions, Definitions, Jurisdiction
Part 4 - Notice, Parties, and Representation in Estate Litigation and Other Matters
§ 15-10-401. Notice - Method and Time of Giving

1. If notice of a hearing on any petition is required, and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing on any petition to be given to any interested person or to the interested person's attorney of record or the interested person's designee. Notice shall be given:
   1. By mailing a copy thereof at least fourteen days before the time set for the hearing by certified, registered, or ordinary first-class mail addressed to the person being notified at the post-office address given in any demand for notice, or at the person's office or place of residence, if known; or
   2. By delivering a copy thereof to the person being notified personally at least fourteen days before the time set for the hearing; or
   3. If the address or identity of any person is not known and cannot be ascertained with reasonable diligence, by publishing once a week for three consecutive weeks, a copy thereof in a newspaper having general circulation published in the county where the hearing is to be held, the last publication of which is to be at least fourteen days before the time set for the hearing. In case there is no newspaper of general circulation published in the county of appointment, said publication shall be made in such a newspaper in an adjoining county. A motion for court permission to publish the notice of any hearing shall not be required unless otherwise directed by the court.

2. The court for good cause shown may provide for a different method or time of giving notice for any hearing.
3. Proof of the giving of notice shall be made on or before the hearing and filed in the proceeding. If notice is given by publication, at the time the party who issued the notice by publication files proof of publication, that party shall also file an affidavit verified by the oath of such party or by someone on his or her behalf stating the facts that warranted the use of publication for service of the notice of the hearing and stating the efforts, if any, that have been made to obtain personal service or service by mail. The affidavit shall also state the address, or last known address, of each person served by publication or shall state that the person's address or identity is unknown and cannot be ascertained with reasonable diligence.
4. “Publication once a week for three consecutive weeks” means publication once during each week of three consecutive calendar weeks with at least twelve days elapsing between the first and last publications.

History. Source: L. 73: R&RE, p. 1547, § 1. C.R.S. 1963: § 153-1-401. L. 75: (4) amended, p. 589, § 10, effective July 1. L. 77: (1)(a) amended, p. 831, § 7, effective July 1. L. 2002: Entire section amended, p. 651, § 4, effective July 1. L. 2012: (1) amended,(SB 12-175), ch. 208, p. 836, § 40, effective July 1. History. Source: L. 73: R&RE, p. 1547, § 1. C.R.S. 1963: § 153-1-401. L. 75: (4) amended, p. 589, § 10, effective July 1. L. 77: (1)(a) amended, p. 831, § 7, effective July 1. L. 2002: Entire section amended, p. 651, § 4, effective July 1. L. 2012: (1) amended,(SB 12-175), ch. 208, p. 836, § 40, effective July 1.

Law reviews. For article, “Some Footnotes to the 1945 Statutes”, see 22 Dicta 130 (1945). For article, “In Defense of H.B. 109 -- Re Serving Notice Before a Witness's Deposition May Be Taken”, see 22 Dicta 152 (1945). For article, “Colorado Bar Association Meeting”, see 23 Dicta 261 (1946). For article, “Inadequacy of Notice Provision for Obtaining Treasurers' Deeds”, see 25 Dicta 144 (1948). For article, “One Year Review of Wills, Estates, and Trusts”, see 37 Dicta 76 (1960). For article, “A Potpourri of Probate Practice Aids”, see 11 Colo. Law. 1850 (1982). For article, “Notice and Due Process in Probate Revisited”, see 14 Colo. Law. 29 (1985). For article, “Published Notice Held Ineffective as to Known Creditors”, see 17 Colo. Law. 1320 (1988). For article, “The Basics on Juveniles in Probate Court for Protective Proceedings”, see 36 Colo. Law. 15 (Feb. 2007). For article, “The Adoptee Trap, the Accidental Beneficiary, and the Rational Testator”, see 42 Colo. Law. 29 (Feb. 2013).

The service of process or notice in probate matters is governed by this section. Michels v. Clemens, 140 Colo. 82 , 342 P.2d 693 (1959) (decided under repealed § 151-1-11, C.R.S. 1963). The service of process or notice in probate matters is governed by this section. Michels v. Clemens, 140 Colo. 82 , 342 P.2d 693 (1959) (decided under repealed § 151-1-11, C.R.S. 1963).

Constitutionally required notice. Notice by publication in estate proceedings is constitutionally insufficient and inconsistent with Mullane v. Central Hanover Bank & Trust Co. (339 U.S. 306, 70 S. Ct. 652, 94 L. Ed. 865 (1950)) and must be supplemented by personal service or mailing to interested persons whose names and addresses are known, or by reasonable diligence can be ascertained. Wimbush v. Wimbush, 41 Colo. App. 289, 587 P.2d 796 (1978).

Nothing in this section indicates that the form of notice is a jurisdictional requirement; thus, actual notice may be substituted. In Interest of Black, 2018 COA 7 , 422 P.3d 592.

Waiver of notice limited by fairness. To construe waiver of further notice of the admission to probate hearing of a will to include waiver of notice of the subsequent dismissal and intestacy proceedings would be fundamentally unfair. Wimbush v. Wimbush, 41 Colo. App. 289, 587 P.2d 796 (1978).

Potential devisee is entitled to notice of hearing during which court will determine validity of will. If, at time of hearing, the court had yet to determine the validity of the will, the potential devisee must be given notice in order to have the opportunity to meet her burden to prove decedent's intent and overcome any presumption of revocation. In re Estate of Evarts, 166 P.3d 161 (Colo. App. 2007).

Applied in Craig v. Rider, 651 P.2d 397 (Colo. 1982).