Rule 32. Appointment of Nonresident - Power of Attorney

Any person, resident or nonresident of this state, who is qualified to act under the Colorado Probate Code may be appointed as a fiduciary. When appointment is made of a nonresident, the person appointed must file an irrevocable power of attorney designating the clerk of the court and the clerk's successors in office, as the person upon whom all notices and process issued by a court or tribunal in the state of Colorado may be served, with like effect as personal service on such fiduciary, in relation to any suit, matter, cause, hearing, or thing, affecting or pertaining to the proceeding in regard to which the fiduciary was appointed. The power of attorney required by the provisions of this rule must set forth the address of the nonresident fiduciary. The clerk must promptly forward, by certified, registered, or ordinary first-class mail any notice or process served upon him or her, to the fiduciary at the address last provided in writing to the clerk. The clerk must file a certificate of service. Such service will be deemed complete 14 days after mailing. The clerk may require the person issuing or serving such notice or process to furnish sufficient copies, and the person desiring service must advance the costs and mailing expenses of the clerk.

Committee Notes

Source: Entire chapter amended and adopted June 28, 2018, effective September 1,