Proposed changes to Public Administrator practices opens to public’s input
DENVER – The Colorado Judicial Department announced today it will accept public comments on proposed changes to practices of public administrators in response to a 2017 state
audit.
WHAT IS A PROBATE PUBLIC ADMINISTRATOR?
A Public Administrator is a private individual (not a public employee) appointed by the District Court (in Denver, the Probate Court) to collect, protect, and manage the assets of certain individuals, and to administer the estates of decedents where the decedent left no one who is willing and able to administer the estate. Public Administrators are bonded and are required to fully account to the Court in each case in which they are appointed. They also file annual reports of their activities with the Court.
The audit of public administrators appointed by courts in conservatorship and decedents’ estate cases may be found here.
Following the audit, Chief Justice Nancy E. Rice charged the Probate Advisory Workgroup with recommending improved practices, and the Colorado Judicial Department is seeking public
feedback on the group’s four recommendations. Comments on the recommendations may be sent to . Comments on the recommendations will be accepted through the next Legislative Audit Committee hearing at 7 a.m. Jan. 30, 2018. General feedback about the audit may be sent to the Office of the State Auditor (www.colorado.gov/auditor).
The first recommendation would raise the statutory bond amount for public administrators from $25,000 to $100,000 to more adequately protect decedents’ estates and conservatorships.
Another recommendation would clarify that deputy public administrators are subject to the same statutory requirements as public administrators.
The third recommendation calls for a change in statute to require copies of all fee statements reflecting fees and costs be filed with the court at the same time the statement of account is filed.
Finally, the workgroup recommends another statutory change requiring public administrators to complete the annual report using a standard format as directed by the Chief
Justice.
Additional information on the Probate Advisory Workgroup’s recommendations may be found here.
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