2021 Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 12 - Probate of Wills and Administration
Part 6 - Personal Representative; Appointment, Control, and Termination of Authority
§ 15-12-608. Termination of Appointment - General
Termination of appointment of a personal representative occurs as indicated in sections 15-12-609 to 15-12-612 . Termination ends the right and power pertaining to the office of personal representative as conferred by this code or any will; except that a personal representative, at any time prior to distribution or until restrained or enjoined by court order, may perform acts necessary to protect the estate and may deliver the assets to a successor representative. Termination does not discharge a personal representative from liability for transactions or omissions occurring before termination, or relieve him of the duty to preserve assets subject to his control, to account therefor, and to deliver the assets. Termination does not affect the jurisdiction of the court over the personal representative, but terminates his authority to represent the estate in any pending or future proceeding.
History. Source: L. 73: R&RE, p. 1582, § 1. C.R.S. 1963: § 153-3-608. History. Source: L. 73: R&RE, p. 1582, § 1. C.R.S. 1963: § 153-3-608.
Editor's note:
Termination under this section does not discharge the personal representative; for discharge, see §§ 15-12-1001 and 15-12-1002 .
ANNOTATIONLaw reviews. For article, “Termination of a Personal Representative”, see 19 Colo. Law. 213 (1990).
Personal representative had continuing authority to represent estates in pending legal malpractice action after initial appointment terminated. Boatright v. Derr, 919 P.2d 221 (Colo. 1996).
