Colo. Rev. Stat. » Title 15
Colorado Revised Statutes

Colo. Rev. Stat. § 15-14-428 (2024)

Death of protected person

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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(1) If a protected person dies, the conservator shall deliver to the court for safekeeping any will of the protected person that is in the conservator's possession or control, inform the personal representative or devisees named in the will of the delivery, and retain the estate for delivery to the personal representative of the decedent or to another person entitled to it.

(2) After the death of the protected person, the conservator shall make no expenditures of conservatorship funds except with court authorization other than necessary to preserve the assets of the estate. However, the conservator may release funds for the funeral or final disposition of the deceased protected person if necessary to do so under the circumstances.

(3) When a protected person dies, all fees, costs, and expenses of administration of the conservatorship, including any unpaid conservator fees and costs and those of his or her counsel, may be submitted to the court for approval in conjunction with the termination of the conservatorship. Thereafter, all court-approved fees, costs, and expenses of administration arising from the conservatorship shall be paid as court-approved claims for costs and expenses of administration in the decedent's estate. In the event that there are insufficient moneys to pay all claims in the decedent's estate in full, the fees, costs, and expenses of administration arising from the conservatorship shall retain their classification as "costs and expenses of administration" in the decedent's estate and shall be paid pursuant to section 15-12-805.

Source: L. 2000: Entire part R&RE, p. 1828, § 1, effective January 1, 2001 (see § 15-17- 103). L. 2011: (3) added, (SB 11-083), ch. 101, p. 309, § 18, effective August 10. L. 2021: (2) amended, (SB 21-006), ch. 123, p. 493, § 16, effective September 7.

Notes of Decisions
Cited in 3 cases, 1990–1992 · leading case: Est. of Binford v. Gibson, 839 P.2d 508 (Colo. Ct. App. 1992).
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Est. of Binford v. Gibson, 839 P.2d 508 (Colo. Ct. App. 1992). · cites it 2× “See § 15-14-428(4), C.R.S. (1991 Cum.Supp.). Lunnon also recommended that Gibson be paid a monthly salary of $295 for the care she had given and was to give to Binford.”
In re Est. of Edwards, 794 P.2d 1092 (Colo. Ct. App. 1990). · cites it 2× “Although Howard has petitioned the court for a determination of the claims, as is permitted by § 15-14-428(3), C.R.S. (1989 Cum.Supp.), no determination appears in the record.”
First Nat'l Bank of Longmont v. Howard, 794 P.2d 1092 (Colo. Ct. App. 1990). · cites it 2× “Although Howard has petitioned the court for a determination of the claims, as is permitted by § 15-14-428(3), C.R.S. (1989 Cum.Supp.), no determination appears in the record.”
Colo. Rev. Stat. § 15-14-428(3): 2 cases
In re Est. of Edwards, 794 P.2d 1092 (Colo. Ct. App. 1990). “Although Howard has petitioned the court for a determination of the claims, as is permitted by § 15-14-428(3), C.R.S. (1989 Cum.Supp.), no determination appears in the record.”
First Nat'l Bank of Longmont v. Howard, 794 P.2d 1092 (Colo. Ct. App. 1990). “Although Howard has petitioned the court for a determination of the claims, as is permitted by § 15-14-428(3), C.R.S. (1989 Cum.Supp.), no determination appears in the record.”
Colo. Rev. Stat. § 15-14-428(4): 1 case
Est. of Binford v. Gibson, 839 P.2d 508 (Colo. Ct. App. 1992). “See § 15-14-428(4), C.R.S. (1991 Cum.Supp.). Lunnon also recommended that Gibson be paid a monthly salary of $295 for the care she had given and was to give to Binford.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.