Public Administrator Appointment - 4th Judicial District; El Paso and Teller

Overview

The 4th Judicial District, consisting of the counties of El Paso and Teller, is accepting applications for the appointment of a Public Administrator. A Public Administrator is an individual appointed by the court in the judicial district to serve as a personal representative, conservator, trustee, or other fiduciary. A Public Administrator may be appointed in probate cases when no person is willing or able to serve as a fiduciary or when the current fiduciary is not performing adequately and must be removed.

To be eligible, a person must be a qualified elector at least 21 years old and must reside or maintain a principal business in the 4th Judicial District. A Public Administrator is not an employee of the State of Colorado or of the judicial district or the city or county in which the person has been appointed. The person appointed as the Public Administrator shall serve at the pleasure of the appointing district until discharged by the district or until such person’s resignation is accepted by the appointing district.

The appointee must be a qualified elector over 21 years of age and must be a resident or maintain a principal place of business in the 4th Judicial District.

Graduation from an accredited law school; possession of a certificate of admission to the Bar of the State of Colorado; and eligibility to practice law before the courts of the State of Colorado.

Applicants with at least five (5) years of experience as a practicing attorney.

Applicants with at least five (5) years of experience practicing in the field of probate administration, estate planning, probate litigation, trust administration, and/or protective proceedings.

The procedures for the appointment and basic responsibilities of the Public Administrator are set forth in C.R.S. §§ 15‑12‑619‑623 and the Public Administrator shall abide by those requirements as well as the Guidelines for the Operations of the Offices of the Public Administrator of the State of Colorado (attached).

When acting on behalf of an estate, Public Administrators are fiduciaries pursuant to the Colorado Probate Code and are subject to all of the rights and responsibilities imposed on fiduciaries by the Colorado Probate Code. The Public Administrator is required to submit an early report regarding all estates under administration to the Chief Judge of the 4th Judicial District.

The Public Administrator shall procure and maintain a general bond in the sum of $100,000 covering the performance of the Public Administrator and the performance of the Public Administrator’s employees to the People of the State of Colorado. Such bond shall be conditioned on the faithful discharge of the duties of the office of the Public Administrator and must be filed in the Office of the Secretary of State on an annual basis.

In addition, a Public Administrator may also be required to give such bonds as are required by other fiduciaries.

A public administrator should maintain appropriate and sufficient professional malpractice insurance.

The Public Administrator may designate one or more Deputy Public Administrators. Such appointees must also be qualified electors over 21 years of age. The appointment of a Deputy Public Administrator by the Public Administrator is subject to the approval and confirmation of the Chief Judge of the 4th Judicial District. The Deputy Public Administrator shall act as directed by the Public Administrator.

• Conduct thorough investigation to locate assets owned by a decedent or protected person.
• Marshall and manage assets of decedent or protected person, including tangible personal property, financial accounts, and real property.
• Collection of income and benefits due to decedent or protected person.
• Inventory and value all real property, financial assets and interests, and valuable personal property.
• Maintain fiduciary accounts for the protected person or estate.
• Direct the sale, disposal, or storage of tangible personal property.
• Prepare real property for sale.
• Notice creditors and pay claims in order of statutory…