Scott v. Scott

We granted certiorari to determine whether a party may appeal an order of the probate court prior to resolution of all issues between the parties. Upon review, we hold that when the probate court has entered orders fully determining the rights of the parties with respect to all claims raised in a proceeding, a final judgment exists. If a party wishes to appeal an order of the probate court before the probate court has resolved every claim in the proceeding, a party may seek C.R.C.P. 54(b) certification. Pursuant to C.R.C.P. 54(b), a probate court may enter a final judgment as to fewer than…