In 2017, the Office of the State Auditor conducted a performance audit of Public Administrators appointed by courts in conservatorship and decedent’s estate cases.  The performance audit can be found at the following link:  Public Administrator Audit.  Chief Justice Nancy E. Rice charged the Probate Advisory Workgroup with formulating recommendations for improved practices in response to the audit.  The Colorado Judicial Department is seeking public feedback on the recommendations below which are under consideration by the Legislative Audit Committee.  Please provide feedback on these recommendations before the Legislative Audit Committee’s next hearing on Tuesday, January 30.  Feedback can be sent electronically to the following address:  CourtServicesCommunications@judicial.state.co.us.   General feedback about the audit may be sent the Office of the State Auditor (www.colorado.gov/auditor).                    

Issue:  Fiduciary Bonds—The audit found that the $25,000 statutorily required bond for public administrators may not adequately protect decedent’s estates and conservatorships.  In addition, the audit found that statute is not clear how often public administrator should update the status of their bonds with the Secretary of State’s Office.

• Proposal—The Probate Advisory Workgroup recommendations raising the statutory bond amount for public administrators to $100,000.  The Workgroup recommends that public administrators update the Secretary of State’s Office on the status of their bonds annually.

Issue:  Deputy Public Administrators—The audit found that statute is not clear as to whether all of the requirements for public administrators apply to deputy public administrators.

• Proposal—The Probate Advisory Workgroup recommends that deputy public administrators be subject to the same statutory requirements as public administrators. 

Issue:  Small Estates—The audit found that neither statute nor the Judicial Department provide guidance on what information should be included related to fees and costs in the statement of account that is required when a small estate is closed.

• Proposal—The Probate Advisory Workgroup recommends a statutory change requiring copies of all fee statements reflecting fees and costs be filed with the court at the time the statement of account is filed.

Issue:  Annual Public Administrator Reports—The audit founds that statute does not clearly define the purpose of and information required in the annual reports filed by public administrators with their appointing courts.

Proposal—The Probate Advisory Workgroup recommends a statutory change requiring public administrators to complete the annual report using a standard format as directed by the Chief Justice.

Probate Advisory Workgroup Report and Recommendations for Addressing the August 2017 – Judicial Performance Audit Regarding Public Administrators

Agenda 5-16-18 Meeting
Draft Meeting Minutes – February 9, 2018
JRM Section – Monitoring of Plans – Redline
JRM Section – Monitoring of Plans - Clean
Senate Bill 18-165
Final Draft Response Report (With Workgroup Comments)
JRM Section – Intestate – Informal – Redline
JRM Section – Intestate – Informal - Clean
JRM Section – Intestate – Formal – Redline
JRM Section – Intestate – Formal - Clean
JRM Section – Testate – Informal – Redline
JRM Section – Testate – Informal - Clean
JRM Section – Testate – Formal – Redline
JRM Section – Testate – Formal - Clean
JRM Section – Special Administrator – Informal – Redline
JRM Section – Special Administrator – Informal - Clean
JRM Section – Special Administrator – Formal – Redline
JRM Section – Special Administrator – Formal - Clean
JRM Section – Public Administrator Statement of Accounts - Redline
JRM Section – Public Administrator Statement of Accounts - Clean  
PA Annual Report Spreadsheet
PA Annual Report – Caption Page
PA Annual Report – Judicial Review
Guidelines for the Operations of the Public Administrator’s Office

Agenda 2 -9-18 Meeting 
Draft Meeting Minutes – December 15, 2017
Proposed Public Administrator’s Annual Report Spreadsheet (updated since Dec.)
Proposed PA Annual Report – Caption Page (New)
Proposed Judicial Review Document (New)
Judicial Resource Manual (JRM) Sections Review 

Agenda 12-15-17 Meeting  
Draft Meeting Minutes – October 26, 2017
Proposed New JDF XXX – Public Administrator’s Statement of Accounts Pursuant to Small Estate Procedure (updated since Oct.)
Proposed Draft Guidelines for the Operations of the Offices of the Public Administrator (updated since Oct.)
Draft Revisions to C.R.S. 15-12-619(4) and (6) and 15-12-621(6) (same as posted in Oct.)
Draft Revisions to C.R.S. 15-12-623(2) (new posting)
Proposed Public Administrator’s Annual Report (Page 2 of 2) (updated since Oct.)
New JRM Section – ESTV Event Code – Estate Value (new posting)

Agenda – 10/26/17 Meeting
Audit Recommendations and Responses
JDF 885 – Conservator’s Report – Revised 8/2017 (Current Form)
JDF 885 – Conservator’s Report – Proposed Revisions Open for Public Comment Until 11/17/17
Proposed Revisions to Colorado Rules of Probate Procedure – Rule 31 – Accounting and Reports, Open for Public Comment Until 11/17/17
Proposed Changes to the Judicial Resource Manual (JRM)
Proposed New JDF XXX - Public Administrator’s Statement of Accounts Pursuant to Small Estate Procedure
Proposed Draft Guidelines for the Operations of the Offices of the Public Administrator
Proposed Public Administrator’s Annual Report (Page 1 of 2)
Proposed Public Administrator’s Annual Report (Page 2 of 2)
Supplemental Charge to the Probate Advisory Workgroup
Order of Appointment – Melissa Schwartz
Draft Revisions to C.R.S. 15-12-619(4) and (6) and 15-12-621(6)