Rule Change No. 2003(12).Supreme Court of Colorado.
June 25, 2003.
CHAPTER 27.Rule 2. Definitions
As used in these rules, unless the context otherwise requires:
(1) “Documents” means any petition, or application, inventory, claim, accounting, notice or demand for notice, motion, and any other writing which is filed with the court.
(2) “Fiduciary” means any personal representative, guardian, conservator, trustee, and special administrator.
(3) “Accounting” means any written statement that substantiallyconforms to CPC Form 43 for decedents’ estates and guardianships, CPCForm 29-CR for conservatorships, or to the 1984 version of the UniformFiduciary Accounting Principles and accompanying Model Account Formats asrecommended by the Committee on National Fiduciary Accounting standards.
(3) “Report of condition” means a statement of a ward’s currentphysical or mental condition, including location or residence of theward, and any other material change of circumstance affecting thewell-being of the ward.
(4) “”Accounting” means any written statement required by Rules 30,30.1 and 31 of these rules.
(5) “Code”” means the “”Colorado Probate Code”,”, sections 15-10-101
et seq., C.R.S., as amended.
Rule 30.1. Conservatorships – Administration and Closing
In directing the activities of a conservator, the court shall order asmuch supervision as in its judgment is necessary, after considering allrelevant circumstances. Unless otherwise ordered by the court, eachconservator shall file with the court an inventory and annual interimaccountings.
If the court requires the conservator to file a financial plan, theplan shall set forth the protected person’s income and expenses, as wellas a plan for management of the estate and such other matters as thecourt may require. The conservator shall seek court approval beforemaking any significant deviation from the plan.
Unless otherwise ordered by the court, a petition to closeterminate a conservatorship shall be accompanied by a final accounting.conservator’sreport and proposed schedule of distribution. The protected person, if then living, and all other interested persons, if any, shall be given notice of the hearing on the petition.
Rule 31. Accountings and Reports of Condition by Fiduciaries
Accountings shall not be required to be filed with the court except asfollows:
(a) As provided in Rule 30 of these rules for supervisedadministration of decedents’ estates;
(b) As provided in Rule 30.1 of these rules for conservatorshipestates;
(c) In guardianships, if the court determines that accountings andreports of condition shall be filed;
(d) As ordered by the court in a specific case for good cause shown.
Rule 31.1. Content of Accountings
A fiduciary account shall contain sufficient information to put theinterested parties on notice as to all significant transactions affectingadministration during the accounting period.
(a) Any accounting filed shall list the beginning assets, unlessincluded in a previously filed inventory or accounting, shall show withreasonable detail the receipts and disbursements for the period coveredby the accounting, shall list the assets remaining at the end of theperiod, and shall describe all other significant transactions affectingadministration during the accounting period. Accountings shall be typedor prepared by automated data processing. In any specific case, for goodcause shown, the court may require the fiduciary to produce such vouchersor other supporting evidence of payment as the court may deemsufficient.
(b) Accountings prepared and submitted for approval pursuant to thisrule that substantially conform in content and format either to CPC Form43 or to the 1984 version of the Uniform Fiduciary Accounting Principlesand accompanying Model Account Formats as recommended by the Committee onNational Fiduciary Accounting standards shall be considered acceptable asto both content and format for purposes of this Rule.
Rule 31.2. Approval of Accountings
Notice of hearing of a petition for approval of an accounting shall begiven as required by statute if approval of final accounting isrequested, and shall be given as ordered by the court if approval of aninterim accounting is requested.
Rule 31. Accountings
A fiduciary accounting shall contain sufficient information to put theinterested parties on notice as to all significant transactions affectingadministration during the accounting period.
(a) Any accounting filed shall show with reasonable detail thereceipts and disbursements for the period covered by the accounting,shall list the assets remaining at the end of the period, and shalldescribe all other significant transactions affecting administrationduring the accounting period. Accountings shall be typed or prepared byautomated data processing. In any specific case, for good cause shown,the court may require the fiduciary to produce such vouchers or othersupporting evidence of payment as the court may deem sufficient.
(b) Accountings that substantially conform to CPC Form 43 fordecedent’s estates and guardianships, CPC Form 29-CR forconservatorships, or to the 1984 version of the Uniform FiduciaryAccounting Principles and accompanying Model Account Formats asrecommended by the Committee on National Fiduciary Accounting standardsshall be considered acceptable as to both content and format for purposesof this Rule.
(c) Notice of hearing of a petition for approval of an accountingshall be given as required by statute if approval of final accounting isrequested, and shall be given as ordered by the court if approval of aninterim accounting is requested.
Amended and Adopted by the Court, En Banc June 25, 2003 effectiveJuly 1, 2003.