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September 2004 - Rule 18.1 Foreign Personal Representatives

Rule 18.1 Foreign Personal Representatives

 

 

(a) Estates of Decedents

 

(1) After the death of a nonresident decedent, copies of the documents evidencing appointment of a domiciliary foreign personal representative may be filed as provided in Section 15-13-204 C.R.S. Such documents must have been certified, exemplified or authenticated by the appointing foreign court not more than sixty days prior to filing with a Colorado court, and shall include copies of all of the following that may have been issued by the foreign court:

A. The order appointing the domiciliary foreign personal representative, and

B. The letters or other documents evidencing or affecting the domiciliary foreign personal representative’s authority to act.

(2) Upon filing such documents and a sworn statement by the domiciliary foreign personal representative stating that no administration, or application or petition for administration, is pending in Colorado, the court shall issue its Certificate of Ancillary Filing, substantially conforming in form and content to CPC Form 61.

 

15-13-204. Proof of authority.

STATUTORY AUTHORITY

PROPOSED 15-14-433. Foreign conservator – proof of authority – bond – powers.

DRAFT OF RULE PROVISION FOR CONSERVATORSHIPS

(b) Conservatorships

(1) After the appointment of a conservator for a person who is not a resident of this state, copies of documents evidencing the appointment of such foreign conservator may be filed AS PROVIDED in Section 15-14-433 C.R.S. Such documents must have been certified, exemplified or authenticated by the appointing foreign court not more than sixty days prior to filing with a Colorado court, and shall include copies of all of the following that may have been issued by the foreign court:

A. The order appointing the domiciliary foreign conservator,

B. The letters or other documents evidencing or affecting the domiciliary foreign conservator’s authority to act, and

C. Any bond which has been issued or given by OF the domiciliary foreign conservator as conservator.

(2) Upon filing such documents and a sworn statement by the domiciliary foreign conservator stating that a conservator has not been appointed in this state and that a petition in a protective proceeding is not pending in this state concerning the person who is not a resident of this state for whom the domiciliary foreign conservator has been appointed as conservator in another state, the court shall issue its Certificate of Ancillary Filing, substantially conforming in form and content to CPC Form _____.

If a conservator has not been appointed in this state and a petition in a protective proceeding is not pending in this state, a conservator appointed in the state in which the protected person resides may file in a district or probate court of this state, in a county in which property belonging to the protected person is located, authenticated copies of letters of THE CONSERVATOR’S appointment and of any bond. Thereafter, the conservator may exercise all powers of a conservator appointed in this state as to property in this state and may maintain actions and proceedings in this state subject to any conditions otherwise imposed upon nonresident parties.
If no local administration or application or petition therefor is pending in this state, a domiciliary foreign personal representative may file with a court in this state, in a county in which property belonging to the decedent is located, authenticated copies of his appointment.