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CO · rules

C.R.P.P. 55

Court Order Supporting Deed of Distribution

activein force · 2018-09-01 – presentact-effective-date

When a court order is requested to vest title in a distributee free from the rights of other

persons interested in the estate, such order must not be granted ex parte, but must require

either the stipulation of all interested persons or notice and hearing, initiated by the

requesting party.

History

Source: Entire chapter amended and adopted June 28, 2018, effective September 1, 2018. COMMENTS Note that Colorado Bar Association Real Es- tate Title Standard 11.1.7 discusses certain re- quirements for the vesting of merchantable title in a distributee. A court order is necessary to vest merchantable title in a distributee, free from the rights of all persons interested in the estate to recover the property in case of an improper distribution. This rule requires a no- tice and hearing procedure as a condition of issuance of such order. A certified copy of the court’s order should be recorded with the deed of distribution. Under the title standard, an or- der is not required to vest merchantable title in a purchaser for value from or a lender to such distributee. See § 38-35-109, C.R.S.

Provenance

Source
content.leg.colorado.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
4fc5bcdcf1cd3a4c326ad83c9c7bf72dff2f216643560ea29ae99710114270e2
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