C.R.S. § 15-14-411 — CO Code / Title 15 / Article 14 / Part 4 / Section 15-14-411
15-14-411. Required court approval
Status: in_force

15-14-411. Required court approval. (1) After notice to interested persons and upon express authorization of the court, a conservator may:

(a) Make gifts, except as otherwise provided in section 15-14-427 (2);

(b) Convey, release, or disclaim contingent and expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entireties;

(c) Exercise or release a power of appointment;

(d) Create a revocable or irrevocable trust of property of the estate, whether or not the trust extends beyond the duration of the conservatorship, or revoke or amend a trust revocable by the protected person;

(e) Exercise rights to elect options and change beneficiaries under retirement plans, insurance policies, and annuities or surrender the plans, policies, and annuities for their cash value;

(f) Exercise any right to an elective share in the estate of the protected person's deceased spouse and to renounce or disclaim any interest by testate or intestate succession or by transfer inter vivos; and

(g) Make, amend, or revoke the protected person's will.

(2) A conservator, in making, amending, or revoking the protected person's will, shall comply with section 15-11-502 or 15-11-507.

(3) The court, in exercising or in approving a conservator's exercise of the powers listed in subsection (1) of this section, shall consider primarily the decision that the protected person would have made, to the extent that the decision can be ascertained. To the extent the decision cannot be ascertained, the court shall consider the best interest of the protected person. The court shall also consider:

(a) The financial needs of the protected person and the needs of individuals who are in fact dependent on the protected person for support and the interest of creditors;

(b) Possible reduction of income, estate, inheritance, or other tax liabilities;

(c) Eligibility for governmental assistance;

(d) The protected person's previous pattern of giving or level of support;

(e) The existing estate plan;

(f) The protected person's life expectancy and the probability that the conservatorship will terminate before the protected person's death; and

(g) Any other factors the court considers relevant, including the best interest of the protected person.
C.R.S. § 15-1.5-102 — CO Code / Title 15 / Article 1.5 / Section 15-1.5-102
15-1.5-102. Custodial trust - general
Status: in_force

15-1.5-102. Custodial trust - general. (1) A person may create a custodial trust of property by a written transfer of the property to another person, evidenced by registration or by other instrument of transfer, executed in any lawful manner, naming as beneficiary an individual who may be the transferor, in which the transferee is designated, in substance, as custodial trustee under the "Colorado Uniform Custodial Trust Act".

(2) A person may create a custodial trust of property by a written declaration, evidenced by registration of the property or by other instrument of declaration executed in any lawful manner, describing the property and naming as beneficiary an individual other than the declarant, in which the declarant as titleholder is designated, in substance, as custodial trustee under the "Colorado Uniform Custodial Trust Act". A registration or other declaration of trust for the sole benefit of the declarant is not a custodial trust under the "Colorado Uniform Custodial Trust Act".

(3) Title to custodial trust property is in the custodial trustee and the beneficial interest is in the beneficiary.

(4) Except as provided in subsection (5) of this section, a transferor may not terminate a custodial trust.

(5) The beneficiary, if not incapacitated, or the conservator of an incapacitated beneficiary, may terminate a custodial trust by delivering to the custodial trustee a writing signed by the beneficiary or conservator declaring the termination. If not previously terminated, the custodial trust terminates on the death of the beneficiary.

(6) Any person may augment existing custodial trust property by the addition of other property pursuant to this article.

(7) The transferor may designate, or authorize the designation of, a successor custodial trustee in the trust instrument.

(8) This article does not displace or restrict other means of creating trusts. A trust whose terms do not conform to this article may be enforceable according to its terms under other law.
C.R.S. § 15-18.6-101 — CO Code / Title 15 / Article 18.6 / Section 15-18.6-101
15-18.6-101. Definitions
Status: in_force

15-18.6-101. Definitions. As used in this article 18.6, unless the context otherwise requires:

(1) "Cardiopulmonary resuscitation" or "CPR" means measures to restore cardiac function or to support breathing in the event of cardiac or respiratory arrest or malfunction. "CPR" includes, but is not limited to, chest compression, delivering electric shock to the chest, or placing tubes in the airway to assist breathing.

(2) "CPR directive" means an advance medical directive pertaining to the administration of cardiopulmonary resuscitation.

(3) "Emergency medical service personnel" means an emergency medical service provider at any level who is certified or licensed by the department of public health and environment. "Emergency medical service personnel" includes an emergency medical responder registered by the department of public health and environment in accordance with section 25-3.5-1103.
C.R.S. § 15-23-107 — CO Code / Title 15 / Article 23 / Section 15-23-107
15-23-107. Privilege
Status: in_force

15-23-107. Privilege. Subject to applicable law other than this article 23, if an original estate planning document is privileged pursuant to section 13-90-107 (1)(b), the corresponding electronic estate planning document filed with the state court administrator as provided in this article 23 remains privileged.
C.R.S. § 15-11-105 — CO Code / Title 15 / Article 11 / Part 1 / Section 15-11-105
15-11-105. No taker
Status: in_force

15-11-105. No taker. If there is no taker under the provisions of this article, the intestate estate passes to the state of Colorado, subject to the provisions of section 15-12-914.
C.R.S. § 15-12-102 — CO Code / Title 15 / Article 12 / Part 1 / Section 15-12-102
15-12-102. Necessity of order of probate for will
Status: in_force

15-12-102. Necessity of order of probate for will. Except as provided in sections 15-12-901, 15-12-1201, 15-13-204, and 15-13-205 and in part 13 of this article, to be effective to prove the transfer of any property or to nominate a personal representative, a will must be declared to be valid by an order of informal probate by the registrar, or an adjudication of probate by the court.
C.R.S. § 15-1.1-103 — CO Code / Title 15 / Article 1.1 / Section 15-1.1-103
15-1.1-103. Diversification
Status: in_force

15-1.1-103. Diversification. A trustee shall diversify the investments of the trust unless the trustee reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying.
C.R.S. § 15-11-208 — CO Code / Title 15 / Article 11 / Part 2 / Section 15-11-208
15-11-208. Exclusions, valuations, and overlapping application
Status: in_force

15-11-208. Exclusions, valuations, and overlapping application. (1) Exclusions. (a) The value of any property is excluded from the decedent's nonprobate transfers to others:

(I) To the extent the decedent received adequate and full consideration in money or money's worth for a transfer of the property; or

(II) If the property was transferred with the written joinder of, or if the transfer was consented to in writing by, the surviving spouse; or

(III) If the property was transferred to a bona fide purchaser.

(b) For purposes of this subsection (1), in the absence of a finding of a contrary intent, joinder in the filing of a gift tax return does not constitute consent or joinder.

(c) Any life insurance maintained pursuant to a marriage dissolution settlement agreement or court order or any distribution from a plan qualified under section 401 (a) of the federal "Internal Revenue Code of 1986", as amended, is excluded from the decedent's nonprobate transfers to others to the extent such items are payable to a person other than the surviving spouse.

(d) Life insurance, accident insurance, pension, profit sharing, retirement, and other benefit plans payable to persons other than the decedent's surviving spouse or the decedent's estate are excluded from the augmented estate.

(e) Any completed transfers made by the decedent prior to July 1, 1974, are excluded from the decedent's nonprobate transfers to others.

(f) Any fractional interest in real property held in joint tenancy with the right of survivorship, if such joint tenancy was created by a donative transfer by someone other than the decedent or the surviving spouse, is excluded from the augmented estate.

(2) Valuations. The value of property:

(a) Included in the augmented estate under section 15-11-205, 15-11-206, or 15-11-207 is reduced in each category by enforceable claims against the included property; and

(b) Includes the commuted value of any present or future interest and the commuted value of amounts payable under any trust, life insurance settlement option, annuity contract, public or private pension, disability compensation, death benefit or retirement plan, or any similar arrangement, exclusive of the federal social security system.

(3) Overlapping application - no double inclusion. In case of overlapping application to the same property of the provisions of section 15-11-205, 15-11-206, or 15-11-207, the property is included in the augmented estate under the provision yielding the highest value and under only one overlapping provision if they all yield the same value.

(4) Community property. If there is a disparity between the titling of property pursuant to sections 15-11-204, 15-11-205, 15-11-206, and 15-11-207 and the ownership of the property pursuant to article 20 of title 15, then the community property ownership controls and one-half of the community property must be included pursuant to sections 15-11-204, 15-11-205, 15-11-206, and 15-11-207, as applicable, and any administrative expenses relating to and enforceable claims against the community property must be allocated equally between the decedents and the surviving spouse's shares of the community property.
C.R.S. § 15-14-312 — CO Code / Title 15 / Article 14 / Part 3 / Section 15-14-312
15-14-312. Emergency guardian
Status: in_force

15-14-312. Emergency guardian. (1) If the court finds that compliance with the procedures of this part 3 will likely result in substantial harm to the respondent's health, safety, or welfare, and that no other person appears to have authority and willingness to act in the circumstances, the court, on petition by a person interested in the respondent's welfare, may appoint an emergency guardian whose authority may not exceed sixty days and who may exercise only the powers specified in the order. Immediately upon appointment of an emergency guardian, the court shall appoint a lawyer to represent the respondent throughout the emergency guardianship. Except as otherwise provided in subsection (2) of this section, reasonable notice of the time and place of a hearing on the petition must be given to the respondent and any other persons as the court directs.

(2) An emergency guardian may be appointed without notice to the respondent and the respondent's lawyer only if the court finds from testimony that the respondent will be substantially harmed if the appointment is delayed. If not present at the hearing, the respondent must be given notice of the appointment within forty-eight hours after the appointment. The court shall hold a hearing on the appropriateness of the appointment within fourteen days after the court's receipt of such a request.

(3) Appointment of an emergency guardian, with or without notice, is not a determination of the respondent's incapacity.

(4) The court may remove an emergency guardian or modify the powers granted at any time. An emergency guardian shall make any report the court requires. In other respects, the provisions of parts 1 to 4 of this article concerning guardians apply to an emergency guardian.

(5) If the court appoints an emergency guardian without notice to the respondent or any other person entitled to notice pursuant to section 15-14-309 (2) and the person appointed is a professional without priority to serve pursuant to section 15-14-310 (1) or protective services pursuant to section 26-3.1-104, the court shall, upon entry of the order of appointment of emergency guardian, simultaneously appoint a visitor to investigate and report to the court within fourteen days after the appointment as provided in section 15-14-113.5.
C.R.S. § 15-10-308 — CO Code / Title 15 / Article 10 / Part 3 / Section 15-10-308
15-10-308. Appeals
Status: in_force

15-10-308. Appeals. Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments, and power of the appellate court, is governed by the Colorado appellate rules.
C.R.S. § 15-1.5-122 — CO Code / Title 15 / Article 1.5 / Section 15-1.5-122
15-1.5-122. Severability
Status: in_force

15-1.5-122. Severability. If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
C.R.S. § 15-16-912 — CO Code / Title 15 / Article 16 / Part 9 / Section 15-16-912
15-16-912. Decanting power under limited distributive discretion - definitions
Status: in_force

15-16-912. Decanting power under limited distributive discretion - definitions. (1) As used in this section, unless the context otherwise requires, "limited distributive discretion" means a discretionary power of distribution that is limited to an ascertainable standard or a reasonably definite standard.

(2) An authorized fiduciary that has limited distributive discretion over the principal of the first trust for benefit of one or more current beneficiaries may exercise the decanting power over the principal of the first trust.

(3) Under this section and subject to section 15-16-914, a second trust may be created or administered under the law of any jurisdiction. Under this section, the second trusts, in the aggregate, must grant each beneficiary of the first trust beneficial interests which are substantially similar to the beneficial interests of the beneficiary in the first trust.

(4) A power to make a distribution under a second trust for the benefit of a beneficiary who is an individual is substantially similar to a power under the first trust to make a distribution directly to the beneficiary. A distribution is for the benefit of a beneficiary if:

(a) The distribution is applied for the benefit of the beneficiary;

(b) The beneficiary is under a legal disability or the trustee reasonably believes the beneficiary is incapacitated, and the distribution is made as permitted under other law of this state; or

(c) The distribution is made as permitted under the terms of the first-trust instrument and the second-trust instrument for the benefit of the beneficiary.

(5) If an authorized fiduciary has limited distributive discretion over part but not all of the principal of a first trust, the fiduciary may exercise the decanting power under this section over that part of the principal over which the authorized fiduciary has limited distributive discretion.
C.R.S. § 15-12-904 — CO Code / Title 15 / Article 12 / Part 9 / Section 15-12-904
15-12-904. Interest on general pecuniary devise
Status: in_force

15-12-904. Interest on general pecuniary devise. General pecuniary devises bear interest at the legal rate beginning one year after the first appointment of a personal representative until payment, unless a contrary intent is indicated by the will.
C.R.S. § 15-5-210 — CO Code / Title 15 / Article 5 / Part 2 / Section 15-5-210
15-5-210. Judicially approved settlements
Status: in_force

15-5-210. Judicially approved settlements. (1) A settlement of any controversy as to the administration of a trust; the construction, validity, or effect of any trust; or the rights or interests of the beneficiaries or persons having claims against a trust, if approved in a formal proceeding in the court for that purpose, is binding on all parties thereto, including an unborn individual, an unascertained individual, or a person who could not be located. An approved settlement does not impair the rights of creditors or taxing authorities who are not parties to it.

(2) Notice of a judicially approved settlement must be given to every interested person or to one who can bind an interested person as provided in this code.

(3) The procedure for securing court approval of a settlement is as follows:

(a) The terms of the settlement must be set forth in an agreement in writing, which must be executed by all competent persons and parents of any minor child having a beneficial interest or having claims that will or may be affected by the settlement. Execution is not required by any person whose identity or whereabouts are unknown and cannot be reasonably ascertained.

(b) Any interested person, including a trustee, then may submit the settlement to the court for its approval and for execution by the trustee, the trustee of every affected testamentary trust, other fiduciaries, and representatives.

(c) After notice to all interested persons or their representatives, the court, if it finds that the contest or controversy is in good faith and that the effect of the settlement upon the interests of the persons represented by the fiduciaries or representatives is just and reasonable, shall make an order approving the settlement and directing all fiduciaries under its supervision to execute the agreement. A minor child represented only by his or her parents may be bound only if there is no conflict of interest between the parent and the child. Upon the making of the order and the execution of the settlement, all further disposition of trust property affected by the settlement must be in accordance with the terms of the settlement.

(4) Notice to a person who may be represented and bound pursuant to this code of an agreement to be approved by the court must be given:

(a) Directly to the person or to one who may bind the person if the person may be represented and bound pursuant to section 15-5-302 or 15-5-303; or

(b) In the case of a person who may be represented and bound pursuant to section 15-5-304 and who is unborn or whose identity or location is unknown and not reasonably ascertainable, to all persons whose interests in the judicial proceedings are substantially identical and whose identities and locations are known; or, in the case of other persons who may be represented and bound pursuant to section 15-5-304, directly to the person.
C.R.S. § 15-14-509 — CO Code / Title 15 / Article 14 / Part 5 / Section 15-14-509
15-14-509. Interstate effect of medical durable power of attorney
Status: in_force

15-14-509. Interstate effect of medical durable power of attorney. (1) Unless otherwise stated in a medical durable power of attorney, it shall be presumed that the principal intends to have a medical durable power of attorney executed pursuant to this part 5 recognized to the fullest extent possible by the courts of any other state.

(2) Unless otherwise provided therein, any medical durable power of attorney or similar instrument executed in another state shall be presumed to comply with the provisions of this part 5 and may, in good faith, be relied upon by a health-care provider or health-care facility in this state.
C.R.S. § 15-12-702 — CO Code / Title 15 / Article 12 / Part 7 / Section 15-12-702
15-12-702. Priority among different letters
Status: in_force

15-12-702. Priority among different letters. A person to whom general letters are issued first has exclusive authority under the letters until his appointment is terminated or modified. If, through error, general letters are afterwards issued to another, the first appointed representative may recover any property of the estate in the hands of the representative subsequently appointed, but the acts of the latter done in good faith before notice of the first letters are not void for want of validity of appointment.
C.R.S. § 15-16-913 — CO Code / Title 15 / Article 16 / Part 9 / Section 15-16-913
15-16-913. Trust for beneficiary with disability - definitions
Status: in_force

15-16-913. Trust for beneficiary with disability - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Beneficiary with a disability" means a beneficiary of a first trust who the special-needs fiduciary believes may qualify for governmental benefits based on disability, whether or not the beneficiary currently receives those benefits or is an individual who has been adjudicated an incapacitated person.

(b) "Governmental benefits" means financial aid or services from a state, federal, or other public agency.

(c) "Special-needs fiduciary" means, with respect to a trust that has a beneficiary with a disability:

(I) A trustee or other fiduciary, other than a settlor, that has discretion to distribute part or all of the principal of a first trust to one or more current beneficiaries;

(II) If no trustee or fiduciary has discretion under subparagraph (I) of this paragraph (c), a trustee or other fiduciary, other than a settlor, that has discretion to distribute part or all of the income of the first trust to one or more current beneficiaries; or

(III) If no trustee or fiduciary has discretion under subparagraph (I) or (II) of this paragraph (c), a trustee or other fiduciary, other than a settlor, that is required to distribute part or all of the income or principal of the first trust to one or more current beneficiaries.

(d) "Special-needs trust" means a trust the trustee believes would not be considered a resource for purposes of determining whether a beneficiary with a disability is eligible for governmental benefits.

(2) A special-needs fiduciary may exercise the decanting power described in section 15-16-911 over the principal of a first trust as if the fiduciary had authority to distribute principal to a beneficiary with a disability subject to expanded distributive discretion if:

(a) A second trust is a special-needs trust that benefits the beneficiary with a disability; and

(b) The special-needs fiduciary determines that exercise of the decanting power will further the purposes of the first trust.

(3) In an exercise of the decanting power under this section, the following rules apply:

(a) Notwithstanding section 15-16-911 (3)(b), the interest in the second trust of a beneficiary with a disability may:

(I) Be a pooled trust as defined by medicaid law for the benefit of the beneficiary with a disability under 42 U.S.C. sec. 1396p (d)(4)(C), as amended; or

(II) Contain payback provisions complying with reimbursement requirements of medicaid law under 42 U.S.C. sec. 1396p (d)(4)(A), as amended.

(b) Section 15-16-911 (3)(c) does not apply to the interests of the beneficiary with a disability.

(c) Except as affected by any change to the interests of the beneficiary with a disability, the second trust, or if there are two or more second trusts, the second trusts in the aggregate, must grant each other beneficiary of the first trust beneficial interests in the second trusts which are substantially similar to the beneficiary's beneficial interests in the first trust.
C.R.S. § 15-12-1007 — CO Code / Title 15 / Article 12 / Part 10 / Section 15-12-1007
15-12-1007. Certificate discharging liens securing fiduciary performance
Status: in_force

15-12-1007. Certificate discharging liens securing fiduciary performance. After his appointment has terminated, the personal representative, his sureties, or any successor of either, upon the filing of a verified application showing, so far as is known by the applicant, that no action concerning the estate is pending in any court, is entitled to receive a certificate from the registrar that the personal representative appears to have fully administered the estate in question. The certificate evidences discharge of any lien on any property given to secure the obligation of the personal representative in lieu of bond or any surety, but does not preclude action against the personal representative or the surety.
C.R.S. § 15-13-302 — CO Code / Title 15 / Article 13 / Part 3 / Section 15-13-302
15-13-302. Jurisdiction by act of decedent
Status: in_force

15-13-302. Jurisdiction by act of decedent. In addition to jurisdiction conferred by section 15-13-301, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that his decedent was subject to jurisdiction immediately prior to death.
C.R.S. § 15-1.5-106 — CO Code / Title 15 / Article 1.5 / Section 15-1.5-106
15-1.5-106. Multiple beneficiaries - separate custodial trusts - survivorship
Status: in_force

15-1.5-106. Multiple beneficiaries - separate custodial trusts - survivorship. (1) Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of husband and wife, for whom survivorship is presumed, a right of survivorship does not exist unless the instrument creating the custodial trust specifically provides for survivorship.

(2) Custodial trust property held under this article by the same custodial trustee for the use and benefit of the same beneficiary may be administered as a single custodial trust.

(3) A custodial trustee of custodial trust property held for more than one beneficiary shall separately account to each beneficiary pursuant to sections 15-1.5-107 and 15-1.5-115 for the administration of the custodial trust.
C.R.S. § 15-14-601 — CO Code / Title 15 / Article 14 / Part 6 / Section 15-14-601
15-14-601. Legislative declaration
Status: repealed

15-14-601. Legislative declaration. (Repealed)
C.R.S. § 15-1.5-114 — CO Code / Title 15 / Article 1.5 / Section 15-1.5-114
15-1.5-114. Expenses, compensation, and bond of custodial trustee
Status: in_force

15-1.5-114. Expenses, compensation, and bond of custodial trustee. (1) Except as otherwise provided in the instrument creating the custodial trust, in an agreement with the beneficiary, or by court order, a custodial trustee:

(a) Is entitled to reimbursement from custodial trust property for reasonable expenses incurred in the performance of fiduciary services;

(b) Has a noncumulative election, to be made no later than six months after the end of each calendar year, to charge a reasonable compensation for fiduciary services performed during that year; and

(c) Need not furnish a bond or other security for the faithful performance of fiduciary duties.
C.R.S. § 15-1-201 — CO Code / Title 15 / Article 1 / Part 2 / Section 15-1-201
15-1-201. When part 2 applicable
Status: in_force

15-1-201. When part 2 applicable. This part 2 shall be applicable to all powers of appointment or disposition existing or created on or after April 1, 1953, the donees of which powers shall be living on such date.
C.R.S. § 15-1.5-107 — CO Code / Title 15 / Article 1.5 / Section 15-1.5-107
15-1.5-107. General duties of custodial trustee
Status: in_force

15-1.5-107. General duties of custodial trustee. (1) If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property.

(2) If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment, or retention of the custodial trust property. In the absence of effective contrary direction by the beneficiary while not incapacitated, or if the beneficiary is incapacitated, the custodial trustee shall observe the standard of care that would be observed by a prudent person dealing with property of another and shall comply with the provisions of the "Colorado Uniform Prudent Investor Act". However, a custodial trustee, in the custodial trustee's discretion, may retain any custodial trust property received from the transferor.

(3) Subject to subsection (2) of this section, a custodial trustee shall take control of and collect, hold, manage, invest, and reinvest custodial trust property.

(4) A custodial trustee at all times shall keep custodial trust property of which the custodial trustee has control, separate from all other property in a manner sufficient to identify it clearly as custodial trust property of the beneficiary. Custodial trust property, the title to which is subject to recordation, is so identified if an appropriate instrument so identifying the property is recorded, and custodial trust property subject to registration is so identified if it is registered, or held in an account in the name of the custodial trustee, designated in substance: "as custodial trustee for (name of beneficiary) under the "Colorado Uniform Custodial Trust Act"".

(5) A custodial trustee shall keep records of all transactions with respect to custodial trust property, including information necessary for the preparation of tax returns, and shall make the records and information available at reasonable times to the beneficiary or legal representative of the beneficiary.

(6) The exercise of a durable power of attorney for an incapacitated beneficiary is not effective to terminate or direct the administration or distribution of a custodial trust.
C.R.S. § 15-11-1107 — CO Code / Title 15 / Article 11 / Part 11 / Section 15-11-1107
15-11-1107. Uniformity of application and construction
Status: in_force

15-11-1107. Uniformity of application and construction. (1) This part 11 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part 11 among states enacting the "Uniform Statutory Rule Against Perpetuities Act". With respect to any matter relating to the validity of an interest within the rule against perpetuities, unless a contrary intent appears, it shall be presumed that the transferor of the interest intended that the interest be valid.

(2) This part 11 supersedes and abolishes the rule of the common law known as the rule against perpetuities for nonvested interests created after May 31, 1991.
C.R.S. § 15-14-605 — CO Code / Title 15 / Article 14 / Part 6 / Section 15-14-605
15-14-605. Dissolution of marriage
Status: repealed

15-14-605. Dissolution of marriage. (Repealed)
C.R.S. § 15-1.2-404 — CO Code / Title 15 / Article 1.2 / Part 4 / Section 15-1.2-404
15-1.2-404. Principal receipts
Status: in_force

15-1.2-404. Principal receipts. (1) A fiduciary shall allocate to principal:

(a) To the extent not allocated to income under this article 1.2, an asset received from:

(I) An individual during the individual's lifetime;

(II) An estate;

(III) A trust on termination of an income interest; or

(IV) A payor under a contract naming the fiduciary as beneficiary;

(b) Except as otherwise provided in this part 4, money or other property received from the sale, exchange, liquidation, or change in form of a principal asset;

(c) An amount recovered from a third party to reimburse the fiduciary because of a disbursement described in section 15-1.2-502 (1) or for another reason to the extent not based on loss of income;

(d) Proceeds of property taken by eminent domain; except that proceeds awarded for loss of income in an accounting period are income if a current income beneficiary had a mandatory income interest during the period;

(e) Net income received in an accounting period during which there is no beneficiary to which a fiduciary may or must distribute income; and

(f) Other receipts as provided in sections 15-1.2-408 through 15-1.2-416.
C.R.S. § 15-12-1407 — CO Code / Title 15 / Article 12 / Part 14 / Section 15-12-1407
15-12-1407. Apportionment and recapture of special elective benefits
Status: in_force

15-12-1407. Apportionment and recapture of special elective benefits. (1) As used in this section, unless the context otherwise requires:

(a) "Special elective benefit" means a reduction in an estate tax obtained by an election for:

(I) A reduced valuation of specified property that is included in the gross estate;

(II) A deduction from the gross estate, other than a marital or charitable deduction, allowed for specified property; or

(III) An exclusion from the gross estate of specified property.

(b) "Specified property" means property for which an election has been made for a special elective benefit.

(2) If an election is made for one or more special elective benefits, an initial apportionment of a hypothetical estate tax shall be computed as if no election for any of such benefits had been made. The aggregate reduction in estate tax resulting from all elections made shall be allocated among holders of interests in the specified property in the proportion that the amount of deduction, reduced valuation, or exclusion attributable to each holder's interest bears to the aggregate amount of deductions, reduced valuations, and exclusions obtained by the decedent's estate from the elections. If the estate tax initially apportioned to the holder of an interest in specified property is reduced to zero, any excess amount of reduction reduces ratably the estate tax apportioned to other persons that receive interests in the apportionable estate.

(3) An additional estate tax imposed to recapture all or part of a special elective benefit shall be charged to any person who is liable for the additional tax pursuant to the law providing for the recapture.
C.R.S. § 15-15-306 — CO Code / Title 15 / Article 15 / Part 3 / Section 15-15-306
15-15-306. Effect of registration in beneficiary form
Status: in_force

15-15-306. Effect of registration in beneficiary form. The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary.
C.R.S. § 15-12-101 — CO Code / Title 15 / Article 12 / Part 1 / Section 15-12-101
15-12-101. Devolution of estate at death; restrictions
Status: in_force

15-12-101. Devolution of estate at death; restrictions. The power of a person to leave property by will and the rights of creditors, devisees, and heirs to his property are subject to the restrictions and limitations contained in this code to facilitate the prompt settlement of estates. Upon the death of a person, his real and personal property devolves to the persons to whom it is devised by his last will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of the testate estate or, in the absence of testamentary disposition, to his heirs or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting devolution of intestate estates, subject to exempt property and family allowances, rights of creditors, elective share of the surviving spouse, and administration.
C.R.S. § 15-12-609 — CO Code / Title 15 / Article 12 / Part 6 / Section 15-12-609
15-12-609. Termination of appointment - death or disability
Status: in_force

15-12-609. Termination of appointment - death or disability. The death of a personal representative or the appointment of a conservator for the estate of a personal representative terminates his appointment. Until a duly appointed and qualified successor personal representative or corepresentative has taken possession of the estate possessed and being administered by a deceased or protected personal representative, the representative of the estate of the deceased or protected personal representative, if any, has the duty to protect the estate possessed and being administered by his decedent or ward at the time his appointment terminates, has the power to perform acts necessary for protection, and shall account for and deliver the estate assets to a successor or special personal representative upon his appointment and qualification, or to any remaining corepresentative.
C.R.S. § 15-12-607 — CO Code / Title 15 / Article 12 / Part 6 / Section 15-12-607
15-12-607. Order restraining personal representative
Status: in_force

15-12-607. Order restraining personal representative. (1) On petition of any person who appears to have an interest in the estate, or on its own motion, a court by temporary order may restrain a personal representative pursuant to section 15-10-503.

(2) (Deleted by amendment, L. 2008, p. 482, § 3, effective July 1, 2008.)
C.R.S. § 15-11-1003 — CO Code / Title 15 / Article 11 / Part 10 / Section 15-11-1003
15-11-1003. International wills - validity
Status: in_force

15-11-1003. International wills - validity. (1) A will is valid as regards form irrespective particularly of the place where it is made, of the location of the assets, and of the nationality, domicile, or residence of the testator, if it is made in the form of an international will complying with the requirements of this part 10.

(2) The invalidity of a will as an international will does not affect its formal validity as a will of another kind.

(3) This part 10 does not apply to the form of testamentary dispositions made by two or more persons in one instrument.
C.R.S. § 15-18-101 — CO Code / Title 15 / Article 18 / Section 15-18-101
15-18-101. Short title
Status: in_force

15-18-101. Short title. This article shall be known and may be cited as the "Colorado Medical Treatment Decision Act".
C.R.S. § 15-20-101 — CO Code / Title 15 / Article 20 / Section 15-20-101
15-20-101. Short title
Status: in_force

15-20-101. Short title. This article 20 shall be known and may be cited as the "Uniform Community Property Disposition at Death Act", which is also referred to as "this act" or "act" within this article 20.
C.R.S. § 15-16-804 — CO Code / Title 15 / Article 16 / Part 8 / Section 15-16-804
15-16-804. Common law and principles of equity
Status: in_force

15-16-804. Common law and principles of equity. The common law and principles of equity supplement this part 8, except to the extent modified by this part 8 or law of this state other than this part 8.
C.R.S. § 15-14-412.6 — CO Code / Title 15 / Article 14 / Part 4 / Section 15-14-412.6
15-14-412.6. Trust established by an individual - eligibility for certain public assistance p
Status: in_force

15-14-412.6. Trust established by an individual - eligibility for certain public assistance programs - general provisions. (1) For purposes of this section and sections 15-14-412.7 to 15-14-412.9, unless the context otherwise requires the following definitions apply:

(a) "Asset" has the same meaning as set forth in Title XIX of the federal "Social Security Act", 42 U.S.C. sec. 1396p (e), as amended.

(b) "Income" has the same meaning as set forth in Title XIX of the federal "Social Security Act", 42 U.S.C. sec. 1396p (e), as amended.

(c) "Public assistance" means public assistance as provided by article 2 of title 26, C.R.S., and medical assistance as provided by articles 4, 5, and 6 of title 25.5, C.R.S.

(d) "Resources" has the same meaning as set forth in Title XIX of the federal "Social Security Act", 42 U.S.C. sec. 1396p (e), as amended.

(e) "Trust established by an individual" has the same meaning as set forth in Title XIX of the federal "Social Security Act", 42 U.S.C. sec. 1396p (d)(2), as amended.

(2) Notwithstanding any statutory provision to the contrary, a court shall not authorize, direct, or ratify any trust established by an individual that has the effect of qualifying or purports to qualify the trust beneficiary for public assistance unless the trust meets the criteria set forth in this section, sections 15-14-412.7 to 15-14-412.9, and any rule adopted by the medical services board pursuant to section 25.5-6-103, C.R.S.

(3) The court shall not authorize, direct, or ratify the transfer of any assets owned by a protected person if the transfer has the effect of qualifying or purports to qualify the protected person for public assistance unless the assets are transferred to a trust that meets the criteria set forth in this section, sections 15-14-412.7 to 15-14-412.9, and any rule adopted by the medical services board pursuant to section 25.5-6-103, C.R.S.
C.R.S. § 15-12-719 — CO Code / Title 15 / Article 12 / Part 7 / Section 15-12-719
15-12-719. Compensation of personal representative
Status: repealed

15-12-719. Compensation of personal representative. (Repealed)
C.R.S. § 15-11-1213 — CO Code / Title 15 / Article 11 / Part 12 / Section 15-11-1213
15-11-1213. When disclaimer barred or limited
Status: in_force

15-11-1213. When disclaimer barred or limited. (1) A disclaimer is barred by a written waiver of the right to disclaim.

(2) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:

(a) The disclaimant accepts the interest sought to be disclaimed;

(b) The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or

(c) A judicial sale of the interest sought to be disclaimed occurs.

(3) A disclaimer, in whole or in part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.

(4) A disclaimer, in whole or in part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.

(5) A disclaimer is barred or limited if so provided by law other than this part 12.

(6) A disclaimer of a power over property that is barred by this section is ineffective. A disclaimer of an interest in property that is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this part 12 had the disclaimer not been barred.

(7) Notwithstanding any other provision in this part 12, this part 12 shall not modify the construction of law or application of law with respect to:

(a) A disqualification of medical assistance benefits under title 25.5, C.R.S., to a disclaimant who is or was an applicant for or recipient of such benefits; or

(b) A recovery from the estate of a deceased recipient of such medical assistance benefits.
C.R.S. § 15-24-403 — CO Code / Title 15 / Article 24 / Part 4 / Section 15-24-403
15-24-403. Transitional provision
Status: in_force

15-24-403. Transitional provision. [Editor's note: This section is effective January 1, 2025.] (1) This article 24 applies to an electronic non-testamentary estate planning document created, signed, generated, sent, communicated, received, or stored before, on, or after January 1, 2025.

(2) This article 24 applies to the will of a decedent who dies on or after January 1, 2025.
C.R.S. § 15-14-207 — CO Code / Title 15 / Article 14 / Part 2 / Section 15-14-207
15-14-207. Duties of guardian
Status: in_force

15-14-207. Duties of guardian. (1) Except as otherwise limited by the court, a guardian of a minor ward has the duties and responsibilities of a parent regarding the ward's support, care, education, health, and welfare. A guardian shall act at all times in the ward's best interest and exercise reasonable care, diligence, and prudence.

(2) A guardian shall:

(a) Become or remain personally acquainted with the ward and maintain sufficient contact with the ward to know of the ward's capacities, limitations, needs, opportunities, and physical and mental health;

(b) Take reasonable care of the ward's personal effects and bring a protective proceeding if necessary to protect other property of the ward;

(c) Expend money of the ward which has been received by the guardian for the ward's current needs for support, care, education, health, and welfare;

(d) Conserve any excess money of the ward for the ward's future needs, but if a conservator has been appointed for the estate of the ward, the guardian shall pay the money at least quarterly to the conservator to be conserved for the ward's future needs;

(e) Report the condition of the ward and account for money and other assets in the guardian's possession or subject to the guardian's control, as ordered by the court on application of any person interested in the ward's welfare or as required by court rule; and

(f) Inform the court of any change in the ward's custodial dwelling or address.
C.R.S. § 15-5-201 — CO Code / Title 15 / Article 5 / Part 2 / Section 15-5-201
15-5-201. Role of court in administration of trust
Status: in_force

15-5-201. Role of court in administration of trust. (1) The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.

(2) A trust is not subject to continuing judicial supervision unless ordered by the court.

(3) A judicial proceeding involving a trust may relate to any matter involving the trust's administration. Such matters may include, but are not limited to, proceedings involving:

(a) The appointment or removal of a trustee or trust director;

(b) Review of a trustee's fees or trust director's fees and review and settling of interim or final accountings;

(c) Requests for instruction;

(d) Declarations of rights;

(e) Determinations as to the creation, existence, and validity of all or part of a trust;

(f) The ascertainment of beneficiaries, and determinations of any other questions arising in the administration of distribution of any trust, including questions of construction in trust instruments, and the existence or nonexistence of any immunity, power, privilege, duty, or right;

(g) The registration or release of registration of a trust;

(h) A direction to compel or refrain from performing a particular act;

(i) The amendment, modification, revocation, or termination of a trust;

(j) The combination or division of trusts; or

(k) Equitable doctrines of cy pres, equitable deviation, and other principles of equity pertaining to charitable and other trusts.
C.R.S. § 15-12-503 — CO Code / Title 15 / Article 12 / Part 5 / Section 15-12-503
15-12-503. Supervised administration - effect on other proceedings
Status: in_force

15-12-503. Supervised administration - effect on other proceedings. (1) The pendency of a proceeding for supervised administration of a decedent's estate stays action on any informal application then pending or thereafter filed.

(2) If a will has been previously probated in informal proceedings, the effect of the filing of a petition for supervised administration is as provided for formal testacy proceedings by section 15-12-401.

(3) After he has received notice of the filing of a petition for supervised administration, a personal representative who has been appointed previously shall not exercise his power to distribute any estate. The filing of the petition does not affect his other powers and duties unless the court restricts the exercise of any of them pending full hearing on the petition.
C.R.S. § 15-15-304 — CO Code / Title 15 / Article 15 / Part 3 / Section 15-15-304
15-15-304. Origination of registration in beneficiary form
Status: in_force

15-15-304. Origination of registration in beneficiary form. A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.
C.R.S. § 15-14-735 — CO Code / Title 15 / Article 14 / Part 7 / Section 15-14-735
15-14-735. Claims and litigation
Status: in_force

15-14-735. Claims and litigation. (1) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to:

(a) Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief;

(b) Bring an action to determine adverse claims or intervene or otherwise participate in litigation;

(c) Seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree;

(d) Make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation;

(e) Submit to alternative dispute resolution, settle, and propose or accept a compromise;

(f) Waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation;

(g) Act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee that affects an interest of the principal in property or other thing of value;

(h) Pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation; and

(i) Receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
C.R.S. § 15-22-112 — CO Code / Title 15 / Article 22 / Section 15-22-112
15-22-112. Death of a designated beneficiary - effect on designated beneficiary agreement
Status: in_force

15-22-112. Death of a designated beneficiary - effect on designated beneficiary agreement. (1) A designated beneficiary agreement is terminated upon the death of either of the parties to the designated beneficiary agreement; however, a right or power which a designated beneficiary agreement conferred upon a designated beneficiary survives the death of the other designated beneficiary.

(2) A party to a designated beneficiary agreement who survives a designated beneficiary may enter into a designated beneficiary agreement with a different person so long as it meets the requirements of this article.
C.R.S. § 15-19-110 — CO Code / Title 15 / Article 19 / Part 1 / Section 15-19-110
15-19-110. Natural reduction
Status: in_force

15-19-110. Natural reduction. A person may use natural reduction for the final disposition of last remains or as a step in the final disposition of last remains.
C.R.S. § 15-12-809 — CO Code / Title 15 / Article 12 / Part 8 / Section 15-12-809
15-12-809. Secured claims
Status: in_force

15-12-809. Secured claims. (1) Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders his security; otherwise payment is upon the basis of one of the following:

(a) If the creditor exhausts his security before receiving payment, (unless precluded by other law) upon the amount of the claim allowed less the fair value of the security; or

(b) If the creditor does not have the right to exhaust his security or has not done so, upon the amount of the claim allowed less the value of the security determined by converting it into money according to the terms of the agreement pursuant to which the security was delivered to the creditor, or by the creditor and personal representative by agreement, arbitration, compromise, or litigation.

(2) A claim for a decedent's proportionate share of liability for a secured debt, made by a third party who is jointly liable with the decedent to the secured creditor, based on the third party's right to contribution from the decedent, shall be reduced by the fair market value, as of the date of death, of the decedent's interest in the property securing the debt, if the property securing the debt is owned by the decedent and not subject to disposition by will or intestate succession at the time of death, and if the decedent's interest passed to the third party on decedent's death.
C.R.S. § 15-18.7-203 — CO Code / Title 15 / Article 18.7 / Part 2 / Section 15-18.7-203
15-18.7-203. Amendment and revocation of a behavioral health orders for scope of treatment
Status: in_force

15-18.7-203. Amendment and revocation of a behavioral health orders for scope of treatment. (1) The adult may amend or revoke all or part of his or her behavioral health orders form at any time.

(2) An amended behavioral health orders form is effective for two years following the date that the adult signed the amended behavioral health orders form, unless the adult executes a new behavioral health orders form, or amends or revokes the amended behavioral health orders form, before the amended behavioral health orders form becomes ineffective.

(3) In order to execute a valid amendment or revocation, the adult must:

(a) Execute a new behavioral health orders form; or

(b) Mark the existing behavioral health orders form in a manner that clearly communicates the intent to amend or revoke all or part of the behavioral health orders form.

(4) In order for the amendment or revocation to be valid, the amendment or revocation must include:

(a) The adult's signature or mark, and the date that the adult executed the new behavioral health orders form or amended or revoked the behavioral health orders form;

(b) Two disinterested witnesses' signatures or marks, and the date that the disinterested witnesses signed the new behavioral health orders form or the amended or revoked behavioral health orders form; and

(c) (I) Except as provided in subsection (4)(c)(II) of this section, the agent's signature or mark, and the date that the agent signed the new behavioral health orders form or the amended or revoked behavioral health orders form, if applicable.

(II) An agent's signature or mark must not be required for an amendment to be valid if the adult is amending the behavioral health orders form to remove the agent.

(5) Emergency medical service personnel, a health-care provider, or an agent who becomes aware of a new, amended, or revoked behavioral health orders form shall promptly communicate the fact to a health-care provider who is providing care to the adult who is the subject of the behavioral health orders form.

(6) A properly executed new, amended, or revoked behavioral health orders form controls over a previously executed behavioral health orders form.
C.R.S. § 15-15-227 — CO Code / Title 15 / Article 15 / Part 2 / Section 15-15-227
15-15-227. Set-off
Status: in_force

15-15-227. Set-off. Without qualifying any other statutory right to set-off or lien and subject to any contractual provision, if a party is indebted to a financial institution, the financial institution has a right to set-off against the account. The amount of the account subject to set-off is the proportion to which the party is, or immediately before death was, beneficially entitled under section 15-15-211 or, in the absence of proof of that proportion, an equal share with all parties.
C.R.S. § 15-1.1-112 — CO Code / Title 15 / Article 1.1 / Section 15-1.1-112
15-1.1-112. Uniformity of application and construction
Status: in_force

15-1.1-112. Uniformity of application and construction. This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among the states enacting it.
C.R.S. § 15-14-716 — CO Code / Title 15 / Article 14 / Part 7 / Section 15-14-716
15-14-716. Judicial relief
Status: in_force

15-14-716. Judicial relief. (1) The following persons may petition a court to construe a power of attorney or review the agent's conduct and grant appropriate relief:

(a) The principal or the agent;

(b) A guardian, conservator, or other fiduciary acting for the principal;

(c) A person authorized to make health-care decisions for the principal;

(d) The principal's spouse, parent, or descendant;

(e) An individual who would qualify as a presumptive heir of the principal;

(f) A person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;

(g) A governmental agency having authority to protect the welfare of the principal;

(h) The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and

(i) A person asked to accept the power of attorney.

(2) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.
C.R.S. § 15-5-415 — CO Code / Title 15 / Article 5 / Part 4 / Section 15-5-415
15-5-415. Reformation to correct mistakes
Status: in_force

15-5-415. Reformation to correct mistakes. The court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor's intention if it is proved by clear and convincing evidence that the settlor's intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.
C.R.S. § 15-14-301 — CO Code / Title 15 / Article 14 / Part 3 / Section 15-14-301
15-14-301. Appointment and status of guardian
Status: in_force

15-14-301. Appointment and status of guardian. A person becomes a guardian of an incapacitated person upon appointment by the court. The guardianship continues until terminated, without regard to the location of the guardian or ward.
C.R.S. § 15-18.7-108 — CO Code / Title 15 / Article 18.7 / Part 1 / Section 15-18.7-108
15-18.7-108. Medical orders for scope of treatment form not required for treatment
Status: in_force

15-18.7-108. Medical orders for scope of treatment form not required for treatment. A health-care facility shall not require a person to have executed a medical orders for scope of treatment form as a condition of being admitted to, or receiving medical treatment from, the health-care facility.
C.R.S. § 15-5-301.5 — CO Code / Title 15 / Article 5 / Part 3 / Section 15-5-301.5
15-5-301.5. Scope of representative's authority and duty of certain representatives - defini
Status: in_force

15-5-301.5. Scope of representative's authority and duty of certain representatives - definitions. (1) As used in this section, unless the context otherwise requires, "representative" means a representative acting pursuant to section 15-5-302, 15-5-303, 15-5-304, or 15-5-305.

(2) A representative may receive notice, give consent, and otherwise represent, bind, and act on behalf of the individual represented with respect to any matter arising pursuant to this article 5, regardless of whether a judicial proceeding concerning the trust is pending.

(3) In making decisions, a representative may consider general benefits accruing to the living members of the represented individual's family.

(4) A representative acting pursuant to section 15-5-303 (1)(f) or section 15-5-305 shall act in good faith on behalf of the person represented. As used in this subsection (4), with respect to representatives acting pursuant to sections 15-5-303 (1)(f) and 15-5-305 only, "good faith" means honesty in fact.
C.R.S. § 15-19-220 — CO Code / Title 15 / Article 19 / Part 2 / Section 15-19-220
15-19-220. Donor registry
Status: in_force

15-19-220. Donor registry. (a) The department of revenue may establish or contract for the establishment of a donor registry.

(b) The department of revenue shall cooperate with a person that administers any donor registry that this state establishes, contracts for, or recognizes for the purpose of transferring to the donor registry all relevant information regarding a donor's making, amendment to, or revocation of an anatomical gift.

(c) A donor registry must:

(1) Allow a donor or other person authorized under section 15-19-204 to include on the donor registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift;

(2) Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift; and

(3) Be accessible for purposes of subsection (c)(1) and (c)(2) of this section seven days a week on a twenty-four-hour basis.

(d) Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor, or person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift.

(e) This section does not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with the state. Any such registry must comply with subsections (c) and (d) of this section.
C.R.S. § 15-16-930 — CO Code / Title 15 / Article 16 / Part 9 / Section 15-16-930
15-16-930. Severability
Status: in_force

15-16-930. Severability. If any provision of this part 9 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part 9 which can be given effect without the invalid provision or application, and to this end the provisions of this part 9 are severable.
C.R.S. § 15-15-413 — CO Code / Title 15 / Article 15 / Part 4 / Section 15-15-413
15-15-413. Proof of death
Status: in_force

15-15-413. Proof of death. Proof of the death of the owner or a grantee-beneficiary shall be established in the same manner as for proving the death of a joint tenant.
C.R.S. § 15-11-1104 — CO Code / Title 15 / Article 11 / Part 11 / Section 15-11-1104
15-11-1104. Reformation - repeal
Status: repealed

15-11-1104. Reformation - repeal. (Repealed)
C.R.S. § 15-12-913 — CO Code / Title 15 / Article 12 / Part 9 / Section 15-12-913
15-12-913. Distributions to trustee
Status: in_force

15-12-913. Distributions to trustee. (1) Before distributing to a trustee, the personal representative may require that the trust be registered if the state in which it is to be administered provides for registration and that the trustee inform the beneficiaries as provided in section 15-5-206.

(2) If the trust instrument does not excuse the trustee from giving bond, the personal representative may petition the appropriate court to require that the trustee post bond if he apprehends that distribution might jeopardize the interests of persons who are not able to protect themselves, and he may withhold distribution until the court has acted.

(3) No inference of negligence on the part of the personal representative shall be drawn from his failure to exercise the authority conferred by subsections (1) and (2) of this section.
C.R.S. § 15-14-507 — CO Code / Title 15 / Article 14 / Part 5 / Section 15-14-507
15-14-507. Transfer of principal
Status: in_force

15-14-507. Transfer of principal. (1) A health-care provider or health-care facility shall provide notice to a principal and an agent of any policies based on moral convictions or religious beliefs of the health-care provider or health-care facility relative to the withholding or withdrawal of medical treatment. Notice shall be provided, when reasonably possible, prior to the provision of medical treatment or prior to or upon the admission of the principal to the health-care facility, or as soon as possible thereafter.

(2) A health-care provider or health-care facility shall provide for the prompt transfer of the principal to another health-care provider or health-care facility if such health-care provider or health-care facility wishes not to comply with an agent's medical treatment decision on the basis of policies based on moral convictions or religious beliefs.

(3) An agent may transfer the principal to the care of another health-care provider or health-care facility if an attending physician or health-care facility does not wish to comply with an agent's decision for any reason other than those described in subsection (1) of this section.

(4) The transfer of a principal to another health-care provider or health-care facility in accordance with the provisions of this section shall not constitute a violation of Title XIX of the federal "Social Security Act", 42 U.S.C., sec. 1395dd, regarding the transfer of patients.

(5) Nothing in this section shall relieve or exonerate an attending physician or health-care facility from the duty to provide for the care and comfort of the principal pending transfer pursuant to this section.
C.R.S. § 15-1-110 — CO Code / Title 15 / Article 1 / Part 1 / Section 15-1-110
15-1-110. Check drawn upon account of principal by fiduciary
Status: in_force

15-1-110. Check drawn upon account of principal by fiduciary. If a check is drawn upon the account of his principal in a bank by a fiduciary who is empowered to draw checks upon his principal's account, the bank is authorized to pay such check without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing such check or with knowledge of such facts that its action in paying the check amounts to bad faith. If, however, such a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check.
C.R.S. § 15-15-408 — CO Code / Title 15 / Article 15 / Part 4 / Section 15-15-408
15-15-408. Joint tenancy - definitions
Status: in_force

15-15-408. Joint tenancy - definitions. (1) A joint tenant of an interest in real property may use the procedures described in this part 4 to transfer his or her interest effective upon the death of such joint tenant. However, title to the interest shall vest in the designated grantee-beneficiary only if the joint tenant-grantor is the last to die of all of the joint tenants of such interest. If a joint tenant-grantor is not the last joint tenant to die, the beneficiary deed shall not be effective, and the beneficiary deed shall not make the grantee-beneficiary an owner in joint tenancy with the surviving joint tenant or tenants. A beneficiary deed shall not sever a joint tenancy.

(2) As used in this section, "joint tenant" means a person who owns an interest in real property as a joint tenant with right of survivorship.
C.R.S. § 15-5-113 — CO Code / Title 15 / Article 5 / Part 1 / Section 15-5-113
15-5-113. Alternate dispute resolution
Status: in_force

15-5-113. Alternate dispute resolution. (1) A settlor may designate in the trust instrument a method of nonjudicial alternate dispute resolution that is valid, enforceable, and irrevocable, except on a ground that exists at law or in equity for the invalidation of a trust. Such methods of nonjudicial dispute resolution may include rules of notice and procedure. The settlor may bind beneficiaries and assigns to the methods of dispute resolution.

(2) A method of nonjudicial dispute resolution provided by the settlor in the trust instrument does not preclude the court's authority to enter an order of alternate dispute resolution, which does not eliminate or negate the method of nonjudicial dispute resolution provided by the settlor except on a ground that exists at law or in equity for the invalidation of a trust.
C.R.S. § 15-11-119 — CO Code / Title 15 / Article 11 / Part 1 / Section 15-11-119
15-11-119. Adoptee and adoptee's genetic parents
Status: in_force

15-11-119. Adoptee and adoptee's genetic parents. (1) Parent-child relationship between adoptee and genetic parents. Except as otherwise provided in this section, a parent-child relationship does not exist between an adoptee and the adoptee's genetic parents.

(2) Stepchild adopted by stepparent. A parent-child relationship exists between an individual who is adopted by the spouse of either genetic parent and:

(a) The genetic parent whose spouse adopted the individual; and

(b) The other genetic parent, but only for the purpose of the right of the adoptee or a descendant of the adoptee to inherit from or through the other genetic parent.

(2.5) Child of a second-parent adoption. A parent-child relationship exists between an individual who is adopted by a second parent and:

(a) A genetic parent who consented to a second-parent adoption; and

(b) Another genetic parent who is not a third-party donor, but only for the purpose of the right of the adoptee or a descendant of the adoptee to inherit from or through the other genetic parent.

(3) Individual adopted by relative of genetic parent. A parent-child relationship exists between both genetic parents and an individual who is adopted by a relative of a genetic parent, or by the spouse or surviving spouse of a relative of a genetic parent, but only for the purpose of the right of the adoptee or a descendant of the adoptee to inherit from or through either genetic parent.

(4) Individual adopted after death of both genetic parents. A parent-child relationship exists between both genetic parents and an individual who is adopted after the death of both genetic parents, but only for the purpose of the right of the adoptee or a descendant of the adoptee to inherit through either genetic parent.

(5) Child of assisted reproduction or gestational child who is subsequently adopted. If, after a parent-child relationship is established between a child of assisted reproduction and a parent or parents under section 15-11-120 or between a gestational child and a parent or parents under section 15-11-121, the child is adopted by another or others, the child's parent or parents under section 15-11-120 or 15-11-121 are treated as the child's genetic parent or parents for the purpose of this section.
C.R.S. § 15-1.2-408 — CO Code / Title 15 / Article 1.2 / Part 4 / Section 15-1.2-408
15-1.2-408. Insubstantial allocation not required
Status: in_force

15-1.2-408. Insubstantial allocation not required. (1) If a fiduciary determines that an allocation between income and principal required by section 15-1.2-409, 15-1.2-410, 15-1.2-411, 15-1.2-412, or 15-1.2-415 is insubstantial, the fiduciary may allocate the entire amount to principal, unless section 15-1.2-203 (5) applies to the allocation.

(2) A fiduciary may presume an allocation is insubstantial under subsection (1) of this section if:

(a) The amount of the allocation would increase or decrease net income in an accounting period, as determined before the allocation, by less than ten percent; and

(b) The asset producing the receipt to be allocated has a fair market value less than ten percent of the total fair market value of the assets owned or held by the fiduciary at the beginning of the accounting period.

(3) The power to make a determination under subsection (1) of this section may be:

(a) Exercised by a co-fiduciary in the manner described in section 15-1.2-203 (6); or

(b) Released or delegated for a reason described in section 15-1.2-203 (7) and in the manner described in section 15-1.2-203 (8).
C.R.S. § 15-16-922 — CO Code / Title 15 / Article 16 / Part 9 / Section 15-16-922
15-16-922. Saving provision
Status: in_force

15-16-922. Saving provision. (1) If exercise of the decanting power would be effective under this part 9 except that the second-trust instrument in part does not comply with this part 9, the exercise of the power is effective and the following rules apply with respect to the principal of the second trust attributable to the exercise of the power:

(a) A provision in the second-trust instrument which is not permitted under this part 9 is void to the extent necessary to comply with this part 9.

(b) A provision required by this part 9 to be in the second-trust instrument which is not contained in the instrument is deemed to be included in the instrument to the extent necessary to comply with this part 9.

(2) If a trustee or other fiduciary of a second trust determines that subsection (1) of this section applies to a prior exercise of the decanting power, the fiduciary shall take corrective action consistent with the fiduciary's duties.
C.R.S. § 15-18.7-110 — CO Code / Title 15 / Article 18.7 / Part 1 / Section 15-18.7-110
15-18.7-110. Effect of article on existing advance medical directives
Status: in_force

15-18.7-110. Effect of article on existing advance medical directives. (1) In executing a medical orders for scope of treatment form, an adult, or the adult's authorized surrogate decision-maker, and the physician, advanced practice registered nurse, or physician assistant who signs the form shall make a good-faith effort to locate and incorporate, as appropriate and desired, treatment preferences documented in the adult's previously executed advance medical directives, if any.

(2) Except as otherwise provided in paragraph (a) of subsection (3) of this section, in case of a conflict between a medical orders for scope of treatment form and an adult's advance medical directives, the document most recently executed shall take precedence for the medical decision or treatment preference at issue. Medical decisions and treatment preferences documented in an adult's advance medical directives or asserted by an authorized surrogate decision-maker on the adult's behalf, but not specifically addressed in a more recently executed medical orders for scope of treatment form, shall not be affected by the medical orders for scope of treatment form.

(3) Notwithstanding the provisions of subsection (1) of this section:

(a) An authorized surrogate decision-maker or a physician, advanced practice registered nurse, or physician assistant may not revoke or alter an adult's previously executed advance medical directive regarding provision of artificial nutrition or hydration if the directive is documented in a declaration executed by the adult pursuant to the "Colorado Medical Treatment Decision Act", article 18 of this title.

(b) An authorized surrogate decision-maker may not revoke a preexisting CPR directive unless it was originally executed by an authorized surrogate decision-maker.

(c) An authorized surrogate decision-maker who is a proxy decision-maker pursuant to article 18.5 of this title may authorize the withdrawal of artificial nutrition or hydration only in accordance with section 15-18.5-103 (6).
C.R.S. § 15-5-304 — CO Code / Title 15 / Article 5 / Part 3 / Section 15-5-304
15-5-304. Representation by person having substantially identical interest
Status: in_force

15-5-304. Representation by person having substantially identical interest. Unless otherwise represented, a minor, an incapacitated person, or an unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented.
C.R.S. § 15-11-1009 — CO Code / Title 15 / Article 11 / Part 10 / Section 15-11-1009
15-11-1009. Source and construction of this part
Status: in_force

15-11-1009. Source and construction of this part. Sections 15-11-1001 to 15-11-1008 derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying this part 10, regard shall be had to its international origin and to the need for uniformity in its interpretation.
C.R.S. § 15-19-201 — CO Code / Title 15 / Article 19 / Part 2 / Section 15-19-201
15-19-201. Short title
Status: in_force

15-19-201. Short title. The short title of this part 2 is the "Revised Uniform Anatomical Gift Act".
C.R.S. § 15-19-104 — CO Code / Title 15 / Article 19 / Part 1 / Section 15-19-104
15-19-104. Declaration of disposition of last remains
Status: in_force

15-19-104. Declaration of disposition of last remains. (1) The declarant may specify, in a declaration, any one or more of the following:

(a) The disposition to be made of the declarant's last remains;

(b) The person appointed to direct the disposition of the declarant's last remains;

(c) The ceremonial arrangements to be performed after the declarant's death;

(d) The person appointed to direct the ceremonial arrangements after the declarant's death;

(e) The rights, limitations, immunities, and other terms of third parties dealing with the declaration.

(2) (Deleted by amendment, L. 2006, p. 898, § 3, effective August 7, 2006.)

(3) (a) (I) The provisions of the most recent declaration shall control over any other document regarding the disposition of the declarant's last remains.

(II) (A) Notwithstanding the provisions of subsection (3)(a)(I) of this section, if the declarant is a member of the United States armed forces or the United States reserve forces or a member of a state National Guard called into federal service and the declarant has executed a federal record of emergency data that is valid and enforceable at the time of the declarant's death, then the federal record of emergency data shall control over any other declaration concerning the person authorized to direct the disposition of the declarant's last remains, even if the federal record of emergency data was executed prior to the execution of the most recent declaration pursuant to this part 1. The person authorized to direct disposition of the decedent's last remains pursuant to the federal record of emergency data shall do so in accordance with the provisions for the disposition of the remains and the ceremonial arrangements made by the declarant in his or her most recent declaration concerning his or her disposition and ceremonial arrangements.

(B) For purposes of sub-subparagraph (A) of this subparagraph (II), a federal record of emergency data is valid and enforceable for any declarant who is a covered decedent at the time of his or her death, pursuant to 10 U.S.C. sec. 1481, or any successor section concerning recovery, care, and disposition of remains.

(b) This part 1 shall govern all current and prior declarations.

(c) If article 135 of title 12 conflicts with this part 1, this part 1 shall govern.

(4) (Deleted by amendment, L. 2006, p. 898, § 3, effective August 7, 2006.)

(5) A declaration shall be signed and dated by the declarant and may be notarized or witnessed in writing by at least one adult who confirms that he or she was present when the declarant signed the declaration.
C.R.S. § 15-14-737 — CO Code / Title 15 / Article 14 / Part 7 / Section 15-14-737
15-14-737. Benefits from governmental programs or civil or military service
Status: in_force

15-14-737. Benefits from governmental programs or civil or military service. (1) In this section, "benefits from governmental programs or civil or military service" means any benefit, program, or assistance provided under a statute or regulation including social security, medicare, and medicaid.

(2) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to:

(a) Execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in section 15-14-736 (1)(a), and for shipment of their household effects;

(b) Take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose;

(c) Enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's behalf, a benefit or program;

(d) Prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation;

(e) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation; and

(f) Receive the financial proceeds of a claim described in paragraph (d) of this subsection (2) and conserve, invest, disburse, or use for a lawful purpose anything so received.
C.R.S. § 15-11-302 — CO Code / Title 15 / Article 11 / Part 3 / Section 15-11-302
15-11-302. Omitted children
Status: in_force

15-11-302. Omitted children. (1) Except as provided in subsection (2) of this section, if a testator becomes a parent to a child after the execution of the testator's will and fails to provide in the will for the child, the omitted child receives a share in the estate as follows:

(a) If the testator had no child living when the testator executed the will, the omitted child receives a share in the estate equal in value to that which the child would have received had the testator died intestate, unless the will devised all or substantially all of the estate to another parent of the omitted child and that other parent survives the testator and is entitled to take under the will.

(b) If the testator had one or more children living when the testator executed the will, and the will devised property or an interest in property to one or more of the then living children, the omitted child is entitled to share in the testator's estate as follows:

(I) The portion of the testator's estate in which the omitted child is entitled to share is limited to devises made to the testator's then living children under the will.

(II) The omitted child is entitled to receive the share of the testator's estate, as limited in subsection (1)(b)(I) of this section, that the child would have received had the testator included all omitted children with the children to whom devises were made under the will and had given an equal share of the estate to each child.

(III) To the extent feasible, the interest granted the omitted child under this section must be of the same character, whether equitable or legal, present or future, as that devised to the testator's then living children under the will.

(IV) In the satisfaction of a share provided by this subsection (1)(b), devises to the testator's children who were living when the will was executed abate ratably. In abating the devises of the then living children, the court shall preserve to the maximum extent possible the character of the testamentary plan adopted by the testator.

(2) Neither subsection (1)(a) of this section nor subsection (1)(b) of this section applies if:

(a) It appears from the will that the omission was intentional; or

(b) The testator provided for the omitted child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence.

(3) If at the time of execution of the will the testator fails to provide in the will for a living child solely because the testator believes the child to be dead, the child is entitled to share in the estate as if the child were an omitted child.

(4) In the satisfaction of a share provided by subsection (1)(a) of this section, devises made by the will abate under section 15-12-902.
C.R.S. § 15-1-1507 — CO Code / Title 15 / Article 1 / Part 15 / Section 15-1-1507
15-1-1507. Disclosure of content of electronic communications of deceased user
Status: in_force

15-1-1507. Disclosure of content of electronic communications of deceased user. (1) If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:

(a) A written request for disclosure in physical or electronic form;

(b) A certified copy of the death certificate of the user;

(c) A certified copy of the letter of appointment of the representative or a small-estate affidavit or court order;

(d) Unless the user provided direction using an on-line tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and

(e) If requested by the custodian:

(I) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;

(II) Evidence linking the account to the user; or

(III) A finding by the court that:

(A) The user had a specific account with the custodian, identifiable by the information specified in subparagraph (I) of this paragraph (e);

(B) Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. sec. 2701, et seq., as amended; 47 U.S.C. sec. 222, as amended; or other applicable law;

(C) Unless the user provided direction using an on-line tool, the user consented to disclosure of the content of electronic communications; or

(D) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
C.R.S. § 15-18.6-104 — CO Code / Title 15 / Article 18.6 / Section 15-18.6-104
15-18.6-104. Duty to comply with CPR directive - immunity - effect on criminal charges agains
Status: in_force

15-18.6-104. Duty to comply with CPR directive - immunity - effect on criminal charges against another person. (1) Emergency medical service personnel, health-care providers, and health-care facilities shall comply with a person's CPR directive that is apparent and immediately available. Any emergency medical service personnel, health-care provider, health-care facility, or any other person who, in good faith, complies with a CPR directive shall not be subject to civil or criminal liability or regulatory sanction for such compliance.

(2) Compliance by emergency medical service personnel, health-care providers, or health-care facilities with a CPR directive shall not affect the criminal prosecution of any person otherwise charged with the commission of a criminal act.

(3) In the absence of a CPR directive, a person's consent to CPR shall be presumed.
C.R.S. § 15-12-802 — CO Code / Title 15 / Article 12 / Part 8 / Section 15-12-802
15-12-802. Statutes of limitations
Status: in_force

15-12-802. Statutes of limitations. (1) Unless an estate is insolvent, or would thereby be rendered insolvent, the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barred by any statute of limitations at the time of the decedent's death shall be allowed or paid.

(2) The running of any statute of limitations measured from some event other than death or the giving of notice to creditors for claims against a decedent is suspended during the four months following the decedent's death but resumes thereafter as to claims not barred pursuant to the provisions of this part 8.

(3) For purposes of any statute of limitations other than those time periods specified in sections 15-12-801, 15-12-803, 15-12-804, and 15-12-806, the proper presentation of a claim under section 15-12-804 is equivalent to commencement of a proceeding on the claim.
C.R.S. § 15-1-509 — CO Code / Title 15 / Article 1 / Part 5 / Section 15-1-509
15-1-509. Fiduciary duty
Status: in_force

15-1-509. Fiduciary duty. In the exercise of any of the powers granted in this part 5, a fiduciary has a duty to act reasonably and equitably with due regard for his obligations and responsibilities toward the interests of beneficiaries and creditors and the estate or trust involved and the purposes thereof and with due regard for the manner in which men of prudence, discretion, and intelligence would act in the management of the property of another.
C.R.S. § 15-19-218 — CO Code / Title 15 / Article 19 / Part 2 / Section 15-19-218
15-19-218. Immunity
Status: in_force

15-19-218. Immunity. (a) A person that acts in accordance with this part 2 or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.

(b) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.

(c) In determining whether an anatomical gift has been made, amended, or revoked under this part 2, a person may rely upon representations of an individual listed in section 15-19-209 (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), or (a)(8) relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.
C.R.S. § 15-1-308 — CO Code / Title 15 / Article 1 / Part 3 / Section 15-1-308
15-1-308. Investments in United States government obligations
Status: in_force

15-1-308. Investments in United States government obligations. In the absence of an express provision to the contrary, any fiduciary is authorized, whenever a governing instrument or order requires or permits investment in United States government obligations which are backed by the full faith and credit of the United States government, to invest in such obligations, either directly or in the form of the securities of or other interests in any open-end or closed-end management type investment company or investment trust registered under the federal "Investment Company Act of 1940", 15 U.S.C. sec. 80(a)-1 et seq., if the portfolio of such investment company or investment trust is limited to United States government obligations which are backed by the full faith and credit of the United States government and to repurchase agreements fully collateralized by such obligations and if any such investment company or investment trust actually takes delivery of such collateral, either directly or through an authorized custodian.
C.R.S. § 15-11-401 — CO Code / Title 15 / Article 11 / Part 4 / Section 15-11-401
15-11-401. Applicable law
Status: in_force

15-11-401. Applicable law. This part 4 applies to the estate of a decedent who dies domiciled in this state. Rights to exempt property and a family allowance for a decedent who dies not domiciled in this state are governed by the law of the decedent's domicile at death.
C.R.S. § 15-18.7-105 — CO Code / Title 15 / Article 18.7 / Part 1 / Section 15-18.7-105
15-18.7-105. Moral convictions and religious beliefs - notice required - transfer of a patien
Status: in_force

15-18.7-105. Moral convictions and religious beliefs - notice required - transfer of a patient. (1) A health-care provider or health-care facility that provides care to an adult whom the health-care provider or health-care facility knows to have executed a medical orders for scope of treatment form shall provide notice to the adult or, if appropriate, to the authorized surrogate decision-maker of the adult, of any policies based on moral convictions or religious beliefs of the health-care provider or health-care facility relative to the withholding or withdrawal of medical treatment. The health-care provider or health-care facility shall provide the notice, when reasonably possible, prior to providing medical treatment or prior to or upon the admission of the adult to the health-care facility, or as soon as possible thereafter.

(2) A health-care provider or health-care facility shall provide for the prompt transfer of an adult who has executed a medical orders for scope of treatment form to another health-care provider or health-care facility if the transferring health-care provider or health-care facility chooses not to comply with the provisions of the form on the basis of policies based on moral convictions or religious beliefs.

(3) Nothing in this section shall relieve or exonerate an attending physician or health-care facility from the duty to provide for the care and comfort of an adult pending transfer pursuant to this section.
C.R.S. § 15-16-923 — CO Code / Title 15 / Article 16 / Part 9 / Section 15-16-923
15-16-923. Trust for care of animal - definitions
Status: in_force

15-16-923. Trust for care of animal - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Animal trust" means a trust or an interest in a trust created to provide for the care of one or more animals.

(b) "Protector" means a person listed under section 15-11-901 (3)(d) with authority to enforce the trust on behalf of the animal.

(2) The decanting power may be exercised over an animal trust that has a protector to the extent the trust could be decanted under this part 9 if each animal that benefits from the trust were an individual, if the protector consents in a signed record to the exercise of the power.

(3) A protector for an animal has the rights under this part 9 of a qualified beneficiary.

(4) Notwithstanding any other provision of this part 9, if a first trust is an animal trust, in an exercise of the decanting power, the second trust must provide that trust property may be applied only to its intended purpose for the period the first trust benefitted the animal.
C.R.S. § 15-11-607 — CO Code / Title 15 / Article 11 / Part 6 / Section 15-11-607
15-11-607. Nonexoneration
Status: in_force

15-11-607. Nonexoneration. A specific devise passes subject to any mortgage interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.
C.R.S. § 15-1-101 — CO Code / Title 15 / Article 1 / Part 1 / Section 15-1-101
15-1-101. Short title
Status: in_force

15-1-101. Short title. This part 1 shall be known and may be cited as the "Uniform Fiduciaries Law".
C.R.S. § 15-14-310 — CO Code / Title 15 / Article 14 / Part 3 / Section 15-14-310
15-14-310. Who may be guardian - priorities - prohibition of dual roles
Status: in_force

15-14-310. Who may be guardian - priorities - prohibition of dual roles. (1) Subject to subsection (4) of this section, the court in appointing a guardian shall consider persons otherwise qualified in the following order of priority:

(a) A guardian, other than a temporary or emergency guardian, currently acting for the respondent in this state or elsewhere;

(b) A person nominated as guardian by the respondent, including the respondent's specific nomination of a guardian made in a durable power of attorney or given priority to be a guardian in a designated beneficiary agreement made pursuant to article 22 of this title;

(c) An agent appointed by the respondent under a medical durable power of attorney pursuant to section 15-14-506;

(d) An agent appointed by the respondent under a general durable power of attorney;

(e) The spouse of the respondent or a person nominated by will or other signed writing of a deceased spouse;

(e.5) The partner in a civil union of the respondent or a person nominated by will or other signed writing of a deceased partner in a civil union;

(f) An adult child of the respondent;

(g) A parent of the respondent or an individual nominated by will or other signed writing of a deceased parent; and

(h) An adult with whom the respondent has resided for more than six months immediately before the filing of the petition.

(2) A respondent's nomination or appointment of a guardian shall create priority for the nominee or appointee only if, at the time of nomination or appointment, the respondent had sufficient capacity to express a preference.

(3) With respect to persons having equal priority, the court shall select the one it considers best qualified. The court, for good cause shown, may decline to appoint a person having priority and appoint a person having a lower priority or no priority.

(4) An owner, operator, or employee of a long-term-care provider from which the respondent is receiving care may not be appointed as guardian unless related to the respondent by blood, marriage, or adoption.

(5) (a) Unless the court makes specific findings for good cause shown or the person is a family caregiver as defined in section 25.5-10-202, C.R.S., or the person is a caregiver to an eligible person pursuant to section 25.5-6-1101 (4), C.R.S., the same professional may not act as an incapacitated person's or a protected person's:

(I) Guardian and conservator; or

(II) Guardian and direct service provider; or

(III) Conservator and direct service provider.

(b) In addition, a guardian or conservator may not employ the same person to act as both care manager and direct service provider for the incapacitated person or protected person unless the person is a family caregiver as defined in section 25.5-10-202, C.R.S.
C.R.S. § 15-17-102 — CO Code / Title 15 / Article 17 / Section 15-17-102
15-17-102. Effective date - applicability for reenactment of article 11
Status: repealed

15-17-102. Effective date - applicability for reenactment of article 11. (Repealed)
C.R.S. § 15-5-102 — CO Code / Title 15 / Article 5 / Part 1 / Section 15-5-102
15-5-102. Scope
Status: in_force

15-5-102. Scope. This code applies to express trusts, charitable or noncharitable, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust. This code does not apply to a business trust, a security arrangement, a trust created by a deposit arrangement in a financial institution, or any arrangement under which a person is a nominee or escrowee for another.
C.R.S. § 15-24-206 — CO Code / Title 15 / Article 24 / Part 2 / Section 15-24-206
15-24-206. Notarization and acknowledgment
Status: in_force

15-24-206. Notarization and acknowledgment. [Editor's note: This section is effective January 1, 2025.] If another law of this state requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied with respect to an electronic non-testamentary estate planning document if an individual authorized to perform the notarization, acknowledgment, verification, or oath attaches or logically associates the individual's electronic signature on the document together with all other information required to be included under the other law.
C.R.S. § 15-20-105 — CO Code / Title 15 / Article 20 / Section 15-20-105
15-20-105. Community property presumption
Status: in_force

15-20-105. Community property presumption. All property acquired by a community property spouse when domiciled in a jurisdiction where community property then could be acquired by the community property spouse by operation of law is presumed to be community property. This presumption may be rebutted by a preponderance of the evidence.
C.R.S. § 15-20-114 — CO Code / Title 15 / Article 20 / Section 15-20-114
15-20-114. Transitional provision
Status: in_force

15-20-114. Transitional provision. Except as provided in section 15-20-113, this act applies to a judicial proceeding with respect to property to which this act applies commenced on or after July 1, 2023, regardless of the date of death of the decedent.
C.R.S. § 15-12-1102 — CO Code / Title 15 / Article 12 / Part 11 / Section 15-12-1102
15-12-1102. Procedure for securing court approval of compromise
Status: in_force

15-12-1102. Procedure for securing court approval of compromise. (1) The procedure for securing court approval of a compromise is as follows:

(a) The terms of the compromise shall be set forth in an agreement in writing which shall be executed by all competent persons and parents acting for any minor child having beneficial interests or having claims which will or may be affected by the compromise. Execution is not required by any person whose identity cannot be ascertained or whose whereabouts is unknown and cannot reasonably be ascertained.

(b) Any interested person, including the personal representative or a trustee, then may submit the agreement to the court for its approval and for execution by the personal representative, the trustee of every affected testamentary trust, and other fiduciaries and representatives.

(c) After notice to all interested persons or their representatives, including the personal representative of the estate and all affected trustees of trusts, the court, if it finds that the contest or controversy is in good faith and that the effect of the agreement upon the interests of persons represented by fiduciaries or other representatives is just and reasonable, shall make an order approving the agreement and directing all fiduciaries under its supervision to execute the agreement. A minor child represented only by his parents may be bound only if his parents join with other competent persons in execution of the compromise, and if there is no conflict of interest between parent and child. Upon the making of the order and the execution of the agreement, all further disposition of the estate is in accordance with the terms of the agreement.
C.R.S. § 15-10-310 — CO Code / Title 15 / Article 10 / Part 3 / Section 15-10-310
15-10-310. Oath or affirmation on filed document
Status: in_force

15-10-310. Oath or affirmation on filed document. (1) Except as otherwise specifically provided in this code or by rule, every document filed with the court under this code, including applications, petitions, and demands for notice, shall be deemed to include an oath, affirmation, or statement to the effect that its representations are true as far as the person executing or filing it knows or is informed, and penalties for perjury may follow deliberate falsification therein.

(2) The court shall have jurisdiction over any person, resident or nonresident, who files any document with the court under this code and over any person, resident or nonresident, who executes any such document and who knows or has reason to know that the document will be filed with the court under this code in any proceeding for relief from fraud relating to such a document that may be initiated against such person. Service of process shall be as provided in the Colorado rules of civil procedure.
C.R.S. § 15-5-702 — CO Code / Title 15 / Article 5 / Part 7 / Section 15-5-702
15-5-702. Trustee's bond
Status: in_force

15-5-702. Trustee's bond. (1) A trustee shall give bond to secure performance of the trustee's duties only if the court finds that a bond is needed to protect the interests of the beneficiaries or is required by the terms of the trust and the court has not dispensed with the requirement.

(2) The court may specify the amount of a bond, its liabilities, and whether sureties are necessary. The court may modify or terminate a bond at any time.

(3) Unless otherwise directed by the court or the terms of the trust, the cost of a bond is charged to the trust.
C.R.S. § 15-15-301 — CO Code / Title 15 / Article 15 / Part 3 / Section 15-15-301
15-15-301. Definitions
Status: in_force

15-15-301. Definitions. In this part 3:

(1) "Beneficiary form" means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.

(2) "Register", including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account, including but not limited to an account held on the books of the registering entity, showing ownership of securities.

(3) "Registering entity" means a person who originates or transfers a security title by registration, and includes a broker, bank, or trust company maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.

(4) "Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account.

(5) "Security account" means (i) a reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, cash equivalents, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death; (ii) an investment management or custody account with a trust company or a trust division of a bank with trust powers, including the securities in the account, a cash balance in the account, and cash, cash equivalents, interest, earnings, or dividends earned or declared on a security in the account, whether or not credited to the account before the owner's death; or (iii) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.
C.R.S. § 15-14-503 — CO Code / Title 15 / Article 14 / Part 5 / Section 15-14-503
15-14-503. Short title
Status: in_force

15-14-503. Short title. Sections 15-14-503 to 15-14-509 shall be known and may be cited as the "Colorado Patient Autonomy Act".
C.R.S. § 15-11-605 — CO Code / Title 15 / Article 11 / Part 6 / Section 15-11-605
15-11-605. Increase in securities; accessions
Status: in_force

15-11-605. Increase in securities; accessions. (1) If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will, the devise includes additional securities owned by the testator at death to the extent the additional securities were acquired by the testator after the will was executed as a result of the testator's ownership of the described securities and are securities of any of the following types:

(a) Securities of the same organization acquired by reason of action initiated by the organization or any successor, related, or acquiring organization, excluding any acquired by exercise of purchase options;

(b) Securities of another organization acquired as a result of a merger, consolidation, reorganization, or other distribution by the organization or any successor, related, or acquiring organization; or

(c) Securities of the same organization acquired as a result of a plan of reinvestment.

(2) Distributions in cash before death with respect to a described security are not part of the devise.
C.R.S. § 15-14-430 — CO Code / Title 15 / Article 14 / Part 4 / Section 15-14-430
15-14-430. Personal liability of conservator
Status: in_force

15-14-430. Personal liability of conservator. (1) Except as otherwise provided in the contract, a conservator is not personally liable on a contract properly entered into in a fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal in the contract the representative capacity and identify the estate.

(2) A conservator is personally liable for obligations arising from ownership or control of property of the estate or for other acts or omissions occurring in the course of administration of the estate only if personally at fault.

(3) Claims based on contracts entered into by a conservator in a fiduciary capacity, obligations arising from ownership or control of the estate, and claims based on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in a fiduciary capacity, whether or not the conservator is personally liable therefor.

(4) A question of liability between the estate and the conservator personally may be determined:

(a) In a proceeding pursuant to section 15-10-504;

(b) In a proceeding for accounting, surcharge, indemnification, sanctions, or removal; or

(c) In another appropriate proceeding or action.

(5) A conservator is not personally liable for any environmental condition on or injury resulting from any environmental condition on land solely by reason of an acquisition of title under section 15-14-421.
C.R.S. § 15-16-907 — CO Code / Title 15 / Article 16 / Part 9 / Section 15-16-907
15-16-907. Notice - exercise of decanting power
Status: in_force

15-16-907. Notice - exercise of decanting power. (1) In this section, a notice period begins on the day notice is given under subsection (3) of this section and ends sixty-two days after the day notice is given.

(2) Except as otherwise provided in this part 9, an authorized fiduciary may exercise the decanting power without the consent of any person and without court approval.

(3) Except as otherwise provided in subsection (6) of this section, an authorized fiduciary shall give notice in a record of the intended exercise of the decanting power not later than sixty-three days before the exercise to:

(a) Each settlor of the first trust, if living or then in existence;

(b) Each qualified beneficiary of the first trust;

(c) Each holder of a presently exercisable power of appointment over any part or all of the first trust;

(d) Each person that currently has the right to remove or replace the authorized fiduciary;

(e) Each other fiduciary of the first trust;

(f) Each fiduciary of the second trust; and

(g) The attorney general, if section 15-16-914 (2) applies.

(4) An authorized fiduciary is not required to give notice under subsection (3) of this section to a qualified beneficiary who is a minor and has no representative or to a person that is not known to the fiduciary or is known to the fiduciary but cannot be located by the fiduciary after reasonable diligence.

(5) A notice under subsection (3) of this section must:

(a) Specify the manner in which the authorized fiduciary intends to exercise the decanting power;

(b) Specify the proposed effective date for exercise of the power;

(c) Include a copy of the first-trust instrument; and

(d) Include a copy of all second-trust instruments.

(6) The decanting power may be exercised before expiration of the notice period under subsection (1) of this section if all persons entitled to receive notice waive the period in a signed record.

(7) The receipt of notice, waiver of the notice period, or expiration of the notice period does not affect the right of a person to file an application under section 15-16-909 asserting that:

(a) An attempted exercise of the decanting power is ineffective because it did not comply with this part 9 or was an abuse of discretion or breach of fiduciary duty; or

(b) Section 15-16-922 applies to the exercise of the decanting power.

(8) An exercise of the decanting power is not ineffective because of the failure to give notice to one or more persons under subsection (3) of this section if the authorized fiduciary acted with reasonable care to comply with subsection (3) of this section.
C.R.S. § 15-12-307 — CO Code / Title 15 / Article 12 / Part 3 / Section 15-12-307
15-12-307. Informal appointment proceedings - delay in order - duty of registrar - effect o
Status: in_force

15-12-307. Informal appointment proceedings - delay in order - duty of registrar - effect of appointment. (1) Upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in section 15-12-614, the registrar, after making the findings required by section 15-12-308, shall appoint the applicant subject to qualification and acceptance; except that, if the decedent was a nonresident, the registrar shall delay the order of appointment until thirty days have elapsed since death unless the personal representative appointed at the decedent's domicile is the applicant, or unless the decedent's will directs that his estate be subject to the laws of this state.

(2) The status of personal representative and the powers and duties pertaining to the office are fully established by informal appointment. An appointment, and the office of personal representative created thereby, is subject to termination as provided in sections 15-12-608 to 15-12-612, but is not subject to retroactive vacation.
C.R.S. § 15-22-102 — CO Code / Title 15 / Article 22 / Section 15-22-102
15-22-102. Legislative declaration
Status: in_force

15-22-102. Legislative declaration. (1) The general assembly finds and determines that:

(a) Not all Coloradans are adequately protected by the provisions of the "Colorado Probate Code", articles 10 to 17 of this title, and other provisions of Colorado law. Current state and federal laws present impediments and disincentives for people wishing to avail themselves of the protections of this title.

(b) Beyond legal impediments, people often fail to plan for their own mortality. Studies have found that significant numbers of Americans do not have a valid will, and even fewer have executed powers of attorney or other estate planning documents.

(c) A body of law has been enacted to operate by default in situations in which individuals do not prepare estate plans. However, failure to plan for disability, incapacity, or death places people at the mercy of state laws that may vest the power to act in such situations in persons other than those they would wish to have exercise those powers. Many lack access to legal services due to the expense of drafting legal instruments and the necessity to keep these documents current.

(d) The power of individuals to care for one another and take action to be personally responsible for themselves and their loved ones is of tremendous societal benefit, enabling self-determination and reducing reliance on public programs and services.

(2) Therefore, the general assembly declares that:

(a) The public policy of the state should encourage residents to execute appropriate legal documents to effectuate their wishes;

(b) The purposes of this article are to:

(I) Make existing laws relating to health care, medical emergencies, incapacity, death, and administration of decedent's estates available to more persons through a process of documenting designated beneficiary agreements; and

(II) Allow individuals to elect to have certain default provisions in state statutes provide rights, benefits, and protections to a designated beneficiary in situations in which no valid and enforceable estate planning documents exist.

(c) It is the intent of the general assembly that this article be liberally construed to give effect to the purposes stated in this article.
C.R.S. § 15-12-1410 — CO Code / Title 15 / Article 12 / Part 14 / Section 15-12-1410
15-12-1410. Right of reimbursement
Status: in_force

15-12-1410. Right of reimbursement. (1) A person required pursuant to section 15-12-1409 to pay an estate tax greater than the amount due from the person pursuant to sections 15-12-1403 and 15-12-1404 has a right to reimbursement from another person to the extent that the other person has not paid the tax required by sections 15-12-1403 and 15-12-1404 and a right to reimbursement ratably from other persons to the extent that each has not contributed a portion of the amount collected pursuant to section 15-12-1409 (2).

(2) A fiduciary may enforce the right of reimbursement under subsection (1) of this section on behalf of the person that is entitled to the reimbursement and shall take reasonable steps to do so if so requested by the person.
C.R.S. § 15-14.5-103 — CO Code / Title 15 / Article 14.5 / Part 1 / Section 15-14.5-103
15-14.5-103. International application of article
Status: in_force

15-14.5-103. International application of article. A court of this state may treat a foreign country as if it were a state for the purpose of applying this part 1 and parts 2, 3, and 5 of this article.
C.R.S. § 15-11-1217 — CO Code / Title 15 / Article 11 / Part 12 / Section 15-11-1217
15-11-1217. Uniformity of application and construction
Status: in_force

15-11-1217. Uniformity of application and construction. In applying and construing this part 12, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
C.R.S. § 15-11-1203 — CO Code / Title 15 / Article 11 / Part 12 / Section 15-11-1203
15-11-1203. Scope
Status: in_force

15-11-1203. Scope. This part 12 applies to disclaimers of any interest in or power over property, whenever created.
C.R.S. § 15-23-116 — CO Code / Title 15 / Article 23 / Section 15-23-116
15-23-116. Authenticity of electronic estate planning document
Status: in_force

15-23-116. Authenticity of electronic estate planning document. An electronic estate planning document certified by the state court administrator that is made from an original estate planning document is deemed to be the original of the document for all purposes under Colorado law.
C.R.S. § 15-14-602 — CO Code / Title 15 / Article 14 / Part 6 / Section 15-14-602
15-14-602. Definitions
Status: in_force

15-14-602. Definitions. As used in this part 6:

(1) "Agency" means the relationship between the principal and the principal's agent.

(2) "Agency instrument" means the written power of attorney or other written instrument of agency governing the relationship between the principal and agent. An agency is subject to the provisions of this part 6 to the extent the agency relationship is established in writing and may be controlled by the principal, excluding agencies and powers for the benefit of the agent. This definition shall not apply to medical powers of attorney drafted pursuant to the "Colorado Patient Autonomy Act", sections 15-14-503 to 15-14-509, a power of attorney subject to the "Uniform Power of Attorney Act", part 7 of this article, or to any other power of attorney or instrument of agency granted by an individual.

(3) "Agent" means the attorney-in-fact or other person, including successors, who is authorized by the agency instrument to act for the principal.

(4) "Principal" means a corporation, trust, partnership, limited liability company, or other entity, including, but not limited to, an entity acting as trustee, personal representative, or other fiduciary, who signs a power of attorney or other instrument of agency granting powers to an agent.

(5) "Third party" means any person who is requested by an agent under an agency instrument to recognize the agent's authority to deal with the principal's property or who acts in good-faith reliance on a copy of the agency instrument. "Third party" includes an individual, corporation, trust, partnership, limited liability company, or other entity, as may be appropriate.
C.R.S. § 15-24-211 — CO Code / Title 15 / Article 24 / Part 2 / Section 15-24-211
15-24-211. Protection of persons without knowledge of non-testamentary estate planning docu
Status: in_force

15-24-211. Protection of persons without knowledge of non-testamentary estate planning documents. [Editor's note: This section is effective January 1, 2025.] If a person acting in good faith has no actual knowledge of an electronic non-testamentary estate planning document, then the person is not liable for acts performed in good faith and may presume that the document does not exist.
C.R.S. § 15-2.5-201 — CO Code / Title 15 / Article 2.5 / Part 2 / Section 15-2.5-201
15-2.5-201. Creation of power of appointment
Status: in_force

15-2.5-201. Creation of power of appointment. (1) A power of appointment is created only if:

(a) The instrument creating the power:

(I) Is valid under applicable law; and

(II) Except as otherwise provided in subsection (2) of this section, transfers the appointive property; and

(b) The terms of the instrument creating the power manifest the donor's intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.

(2) Subparagraph (II) of paragraph (a) of subsection (1) of this section does not apply to the creation of a power of appointment by the exercise of a power of appointment.

(3) A power of appointment may not be created in a deceased individual.

(4) Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.
C.R.S. § 15-12-1405 — CO Code / Title 15 / Article 12 / Part 14 / Section 15-12-1405
15-12-1405. Credits and deferrals
Status: in_force

15-12-1405. Credits and deferrals. (1) Except as otherwise provided for in sections 15-12-1406 and 15-12-1407, the following rules apply to credits and deferrals of estate taxes:

(a) A credit resulting from the payment of gift taxes or from estate taxes paid on property previously taxed inures ratably to the benefit of all persons to which the estate tax is apportioned.

(b) A credit for state or foreign estate taxes inures ratably to the benefit of all persons to which the estate tax is apportioned, except that the amount of credit for a state or foreign tax paid by a beneficiary of the property on which the state or foreign tax was imposed, directly or by a charge against the property, inures to the benefit of the beneficiary.

(c) If payment of a portion of an estate tax is deferred because of the inclusion in the gross estate of a particular interest in property, the benefit of the deferral inures ratably to the persons to whom the estate tax attributable to the interest is apportioned. The burden of any interest charges incurred on a deferral of taxes and the benefit of any tax deduction associated with the accrual or payment of the interest charge is allocated ratably among the persons receiving an interest in the property.
C.R.S. § 15-16-921 — CO Code / Title 15 / Article 16 / Part 9 / Section 15-16-921
15-16-921. Need to distribute not required
Status: in_force

15-16-921. Need to distribute not required. An authorized fiduciary may exercise the decanting power regardless of whether under the first trust's discretionary distribution standard the fiduciary would have made or could have been compelled to make a discretionary distribution of principal at the time of the exercise.
C.R.S. § 15-5-104 — CO Code / Title 15 / Article 5 / Part 1 / Section 15-5-104
15-5-104. Knowledge
Status: in_force

15-5-104. Knowledge. (1) Subject to subsection (2) of this section, a person has knowledge of a fact if the person:

(a) Has actual knowledge of it;

(b) Has received a notice or notification of it; or

(c) From all the facts and circumstances known to the person at the time in question, and acting in a reasonably prudent manner given the person's experience and expertise, has reason to know it.

(2) An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust, or would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows that a matter involving the trust would be materially affected by the information.
C.R.S. § 15-11-1205 — CO Code / Title 15 / Article 11 / Part 12 / Section 15-11-1205
15-11-1205. Power to disclaim - general requirements - when irrevocable
Status: in_force

15-11-1205. Power to disclaim - general requirements - when irrevocable. (1) A person may disclaim, in whole or in part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.

(2) Except to the extent a fiduciary's right to disclaim is expressly restricted or limited by another statute of this state or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or in part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or if an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.

(3) To be effective, a disclaimer shall be in writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer, and be delivered or filed, and, with regard to an interest in real property, be recorded in the manner provided for in section 15-11-1212. In this subsection (3), "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(4) A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.

(5) A disclaimer becomes irrevocable when it is delivered or filed and, with regard to an interest in real property, recorded pursuant to section 15-11-1212, or when it becomes effective as provided for in sections 15-11-1206 through 15-11-1211, whichever occurs later.

(6) A disclaimer made pursuant to this part 12 is not a transfer, assignment, or release.

(7) No person obligated to distribute an interest disclaimed under this part 12 shall be liable to any person for distributing the interest as if the interest were not disclaimed unless the person obligated to distribute the interest receives a copy of the disclaimer prior to distributing the interest.
C.R.S. § 15-14-707 — CO Code / Title 15 / Article 14 / Part 7 / Section 15-14-707
15-14-707. Meaning and effect of power of attorney
Status: in_force

15-14-707. Meaning and effect of power of attorney. The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.
C.R.S. § 15-11-1106.5 — CO Code / Title 15 / Article 11 / Part 11 / Section 15-11-1106.5
15-11-1106.5. Retroactive application of certain provisions - notice of election
Status: in_force

15-11-1106.5. Retroactive application of certain provisions - notice of election. (1) Sections 15-11-1102.5 and 15-11-1104.5 shall apply retroactively with respect to an interest in a trust or a power of appointment over all or any part of a trust, which interest or power was created before July 1, 2006, unless a person who owns or holds such interest or power makes and delivers a notice of election as provided in this section.

(2) (a) The notice of election pursuant to subsection (1) of this section shall be a written statement of such person's election against the retroactive application of sections 15-11-1102.5 and 15-11-1104.5. The notice of election shall include a reference to this section, the name and date of the trust, the names of the settlor and the trustee of the trust, a description of the interest or power, and the name and address of the person making the election. The notice of election shall be signed and acknowledged by such person.

(b) The notice of election shall be delivered to a trustee of such trust on or before July 1, 2008. If there is no person serving as trustee at the time delivery is to be made, the notice of election may instead be delivered to a person authorized to appoint a successor trustee of the trust. When the successor trustee is appointed, the person to whom the notice of election was delivered shall deliver it to the successor trustee.

(c) The notice of election shall be considered delivered to the person to whom delivery is required to be made when the notice of election or a copy thereof is delivered in person or when mailed by registered or certified mail, return receipt requested, to such person.

(d) The trustee of the trust shall file the notice of election with the records maintained by the trustee for the trust. There shall be a rebuttable presumption that the notice of election was not delivered as provided in this section unless the notice of election or a copy of such notice is in the records of the trust maintained by the trustee.

(3) No fiduciary for any trust, estate, individual, or other person with an interest, right, or power affected by the retroactive application of such amendments shall be required to make such election, nor shall such fiduciary be held responsible for not making such election.
C.R.S. § 15-14-720 — CO Code / Title 15 / Article 14 / Part 7 / Section 15-14-720
15-14-720. Liability for refusal to accept acknowledged power of attorney
Status: in_force

15-14-720. Liability for refusal to accept acknowledged power of attorney. (1) Except as otherwise provided in subsection (2) of this section:

(a) A person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under section 15-14-719 (4) no later than seven business days after presentation of the power of attorney for acceptance.

(b) If a person requests a certification, a translation, or an opinion of counsel under section 15-14-719 (4), the person shall accept the power of attorney no later than five business days after receipt of the certification, translation, or opinion of counsel.

(c) A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.

(2) A person is not required to accept an acknowledged power of attorney if:

(a) The person is not otherwise required to engage in a transaction with the principal in the same circumstances, including, without limitation, the circumstances set forth in paragraphs (a.3) and (a.5) of this subsection (2);

(a.3) The agent seeks to establish a customer relationship under the power of attorney and the principal is not currently a customer;

(a.5) The agent seeks services under the power of attorney that the person does not offer;

(b) Engaging in a transaction with the agent or the principal in the same circumstances or acceptance of the power of attorney in the same circumstances would be inconsistent with any federal or state law, rule, or regulation other than as set forth in this part 7;

(c) The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power;

(d) A request for a certification, a translation, or an opinion of counsel under section 15-14-719 (4) is refused;

(e) The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of counsel under section 15-14-719 (4) has been requested or provided;

(f) The person makes, or has actual knowledge that another person has made, a report to a governmental agency having authority to protect the welfare of the principal stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent; or

(f.5) The person has an apprehension, formed in good faith, that the agent or person acting for or with the agent has acted or is acting, in any capacity, either unlawfully or not in good faith in dealing with the person and the person is investigating in good faith to determine whether the person may, based on the results of the investigation, form a good faith belief that the principal may be subject to financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.

(3) A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to:

(a) A court order mandating acceptance of the power of attorney; and

(b) Liability for reasonable attorney's fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.
C.R.S. § 15-12-714 — CO Code / Title 15 / Article 12 / Part 7 / Section 15-12-714
15-12-714. Persons dealing with personal representative - protection
Status: in_force

15-12-714. Persons dealing with personal representative - protection. (1) A person who in good faith either assists a personal representative or deals with him for value is protected as if the personal representative properly exercised his power. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives which are endorsed on letters as provided in section 15-12-504, no provision in any will or order of court purporting to limit the power of a personal representative is effective, except as to persons with actual knowledge thereof. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection here expressed is not by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.

(2) For purposes of this section, any recorded instrument evidencing a transaction with a personal representative on which a state documentary fee is noted pursuant to section 39-13-103, C.R.S., shall be prima facie evidence that such transaction was made for value.
C.R.S. § 15-16-808 — CO Code / Title 15 / Article 16 / Part 8 / Section 15-16-808
15-16-808. Duty and liability of trust director
Status: in_force

15-16-808. Duty and liability of trust director. (1) Subject to subsection (2) of this section, with respect to a power of direction or a further power under section 15-16-806 (2)(a):

(a) A trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power:

(I) If the power is held individually, as a sole trustee in a like position and under similar circumstances; or

(II) If the power is held jointly with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances; and

(b) The terms of the trust may vary the director's duty or liability to the same extent the terms of the trust could vary the duty or liability of a trustee in a like position and under similar circumstances.

(2) Unless the terms of a trust provide otherwise, if a trust director is licensed, certified, or otherwise authorized or permitted by law other than this part 8 to provide health care in the ordinary course of the director's business or practice of a profession, to the extent the director acts in that capacity, the director has no duty or liability under this part 8.

(3) The terms of a trust may impose a duty or liability on a trust director in addition to the duties and liabilities under this section.
C.R.S. § 15-10-606 — CO Code / Title 15 / Article 10 / Part 6 / Section 15-10-606
15-10-606. Applicability
Status: in_force

15-10-606. Applicability. (1) This part 6 applies to:

(a) An estate existing before, on, or after August 10, 2011; and

(b) Proceedings to determine the reasonableness of compensation and costs commenced on or after August 10, 2011.

(2) This part 6 does not apply to proceedings to determine the reasonableness of compensation and costs commenced before August 10, 2011, unless the court determines that the application of this part 6 would not prejudice the rights of any party to the proceeding and the court directs otherwise.
C.R.S. § 15-19-109 — CO Code / Title 15 / Article 19 / Part 1 / Section 15-19-109
15-19-109. Effect of criminal charges
Status: in_force

15-19-109. Effect of criminal charges. A person who has been arrested on suspicion of having committed, is charged with, or has been convicted of, any felony offense specified in part 1 of article 3 of title 18, C.R.S., involving the death of the deceased person, shall not direct the final disposition of the deceased person or arrange the ceremonies for the deceased person. If charges are not brought, charges are brought but dismissed, or the person charged is acquitted of the alleged crime before final disposition of the deceased person's body, this section shall not apply.
C.R.S. § 15-11-516 — CO Code / Title 15 / Article 11 / Part 5 / Section 15-11-516
15-11-516. Duty of custodian of will; lodging of will after death; transfer of lodged will;
Status: in_force

15-11-516. Duty of custodian of will; lodging of will after death; transfer of lodged will; liability. (1) Within ten days after a testator's death or as soon thereafter as the death becomes known to the custodian of an instrument purporting to be the testator's will, the custodian shall deliver the will to the court having probate jurisdiction in the Colorado county where the decedent resided or was domiciled at death for lodging in the records of such court. If the decedent was not a Colorado resident or domiciliary, the custodian shall deliver the will to the court having probate jurisdiction where the decedent was a resident or domiciliary at death, if known to the custodian, but if such residence or domicile is not known, to the court having probate jurisdiction in any Colorado county where property of the decedent was located at death. If the domicile, residence, and location of property are unknown to the custodian, or if the court having probate jurisdiction outside of Colorado refuses to accept delivery of the will, the custodian shall deliver the will to the court having probate jurisdiction in the Colorado county where the will was located. Upon being informed of the testator's death, a court holding a deposited will shall lodge the will in its records.

(2) Upon the filing of a petition or application showing appropriate venue to be in another state or in another Colorado county, the court shall order the lodged will transferred to the court having probate jurisdiction in that state or county. Any person who willfully fails to deliver an instrument purporting to be a will is liable to any person aggrieved for the damages that may be sustained by the failure.

(3) Any person who willfully refuses or fails to deliver an instrument purporting to be a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.
C.R.S. § 15-14.5-204 — CO Code / Title 15 / Article 14.5 / Part 2 / Section 15-14.5-204
15-14.5-204. Special jurisdiction
Status: in_force

15-14.5-204. Special jurisdiction. (1) A court of this state lacking jurisdiction under section 15-14.5-203 has special jurisdiction to do any of the following:

(a) Appoint a guardian in an emergency for a term not exceeding sixty days for a respondent who is physically present in this state;

(b) Issue a protective order with respect to real or tangible personal property located in this state;

(c) Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to section 15-14.5-301.

(2) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
C.R.S. § 15-18.6-107 — CO Code / Title 15 / Article 18.6 / Section 15-18.6-107
15-18.6-107. Revocation of CPR directive
Status: in_force

15-18.6-107. Revocation of CPR directive. A CPR directive may be revoked at any time by a person who is the subject of such directive or by the agent or proxy decision-maker for such person. However, only those CPR directives executed originally by a guardian, agent, or proxy decision-maker may be revoked by a guardian, agent, or proxy decision-maker.
C.R.S. § 15-12-304 — CO Code / Title 15 / Article 12 / Part 3 / Section 15-12-304
15-12-304. Informal probate - unavailable in certain cases
Status: in_force

15-12-304. Informal probate - unavailable in certain cases. (1) Applications for informal probate that relate to any of the following must be declined:

(a) One or more of a known series of testamentary instruments, other than a will and one or more codicils thereto, the latest of which does not expressly revoke the earlier; or

(b) A copy of the decedent's original will certified by the state court administrator pursuant to article 23 of this title 15.
C.R.S. § 15-2.5-104 — CO Code / Title 15 / Article 2.5 / Part 1 / Section 15-2.5-104
15-2.5-104. Supplementation by common law and principles of equity
Status: in_force

15-2.5-104. Supplementation by common law and principles of equity. Unless displaced by the particular provisions of this article, the principles of law and equity supplement its provisions.
C.R.S. § 15-15-303 — CO Code / Title 15 / Article 15 / Part 3 / Section 15-15-303
15-15-303. Registration in beneficiary form; applicable law
Status: in_force

15-15-303. Registration in beneficiary form; applicable law. A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
C.R.S. § 15-23-106 — CO Code / Title 15 / Article 23 / Section 15-23-106
15-23-106. Preservation of an abandoned original estate planning document after diligent se
Status: in_force

15-23-106. Preservation of an abandoned original estate planning document after diligent search. If the creator of an original estate planning document cannot be located or does not take possession of the original document as provided in section 15-23-105 and if the custodian is neither able nor required to transfer possession of the original document to someone other than the creator under applicable law other than this article 23, the original document is deemed abandoned for the purposes of this article 23, and the custodian may preserve the original document electronically as provided in this article 23.
C.R.S. § 15-23-111 — CO Code / Title 15 / Article 23 / Section 15-23-111
15-23-111. Filing statement
Status: in_force

15-23-111. Filing statement. (1) A custodian shall submit a filing statement for each electronic estate planning document for each creator submitted to the state court administrator pursuant to this article 23.

(2) A custodian shall provide the following information and make the following declarations on a filing statement form furnished by the state court administrator:

(a) A declaration that after attempting to transfer possession of the original estate planning document to its creator as provided in section 15-23-105:

(I) The custodian cannot locate the creator of the original document;

(II) The creator has not taken possession of the original document; or

(III) The custodian has neither been able nor required to transfer possession of the original document to someone other than the creator under applicable law other than this article 23;

(b) The name of the creator, last name first;

(c) All aliases of the creator, last name first, known to the custodian;

(d) The date of birth of the creator, if known to the custodian;

(e) Subject to subsection (3) of this section, the last mailing and physical addresses of the creator known to the custodian;

(f) Regarding the custodian:

(I) If the custodian is an individual, the name and address of the individual;

(II) If the custodian is an entity, the name and address of the entity, the name and position of the individual acting on behalf of the entity, and the individual's address if different than that of the entity;

(g) For the electronic estate planning document filed:

(I) The name and date of the electronic document;

(II) The category of the original document, as described in section 15-23-103 (13), that has been converted to an electronic document; and

(III) The number of pages of the electronic document;

(h) A declaration that the custodian, or if an entity, the officer of the custodian, submitting the filing statement has:

(I) Examined the original estate planning document;

(II) Based upon that examination, believes that the document is an original estate planning document of the creator, as those terms are defined in section 15-23-103;

(III) Compared the electronic estate planning document with the original estate planning document; and

(IV) Based upon that comparison, believes that the electronic estate planning document is a true and correct copy of the original estate planning document;

(i) (I) A declaration that, if the custodian is subject to the Colorado rules of professional conduct, the custodian has complied with the rules as they may relate to this filing;

(II) For the purpose of the declaration made pursuant to this subsection (2)(i), the state court administrator shall refer to the Colorado rules of professional conduct as the "Colorado Rules of Professional Conduct adopted by the Supreme Court of Colorado";

(j) A declaration that the custodian has complied with all applicable law other than this article 23; and

(k) A declaration that the act of submitting a filing statement to the state court administrator subjects the submitter and the individual on whose behalf the submitter is acting to the penalty of perjury, pursuant to section 15-23-110, for the information provided and declarations made in the filing statement, whether or not the individual is named in the filing statement as the one submitting the filing statement.

(3) In the case of an original estate planning document found in a safe deposit box, it is sufficient under subsection (2)(e) of this section to furnish the last mailing and physical addresses of the lessee or lessees of the safe deposit box known to the custodian.

(4) Information provided and declarations made in the filing statement are part of the profile for each creator.
C.R.S. § 15-14-416 — CO Code / Title 15 / Article 14 / Part 4 / Section 15-14-416
15-14-416. Terms and requirements of bond
Status: in_force

15-14-416. Terms and requirements of bond. (1) The following rules apply to any bond required:

(a) Except as otherwise provided by the terms of the bond, sureties and the conservator are jointly and severally liable.

(b) By executing the bond of a conservator, a surety submits to the jurisdiction of the court that issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the conservator in which the surety is named as a party. Notice of any proceeding must be sent or delivered to the surety at the address shown in the court records at the place where the bond is filed and to any other address then known to the petitioner.

(c) On petition of a successor conservator or any interested person, a proceeding may be brought against a surety for breach of the obligation of the bond of the conservator.

(d) The bond of the conservator may be proceeded against until liability under the bond is exhausted.

(e) Unless otherwise directed by the court, the cost of the bond shall be paid from the protected person's estate.

(2) A proceeding may not be brought against a surety on any matter as to which an action or proceeding against the primary obligor is barred.

(3) If there is a request for the waiver or reduction of a surety upon a bond, the court may require the conservator to supply the court with a credit report, a statement of the conservator's assets, liabilities, income, and expenses, and a statement about any interests the conservator may have in or liability to the conservatorship estate, or any other information the court may wish to consider.
C.R.S. § 15-16-801 — CO Code / Title 15 / Article 16 / Part 8 / Section 15-16-801
15-16-801. Short title
Status: in_force

15-16-801. Short title. This short title of this part 8 is the "Colorado Uniform Directed Trust Act".
C.R.S. § 15-11-1202 — CO Code / Title 15 / Article 11 / Part 12 / Section 15-11-1202
15-11-1202. Definitions
Status: in_force

15-11-1202. Definitions. As used in this part 12, unless the context otherwise requires:

(1) "Disclaimant" means the person to whom a disclaimed interest or power would have passed if the disclaimer had not been made.

(2) "Disclaimed interest" means the interest that would have passed to the disclaimant if the disclaimer had not been made.

(3) "Disclaimer" means the refusal to accept an interest in or power over property.

(4) "Fiduciary" means a personal representative, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person.

(5) "Jointly held property" means property held in the name of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property.

(6) "Person" means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.

(7) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band or an Alaskan native village recognized by federal law or formally acknowledged by a state.

(8) "Trust" means:

(a) An express trust, charitable or noncharitable, with additions thereto, whenever and however created; and

(b) A trust created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust.
C.R.S. § 15-1-702 — CO Code / Title 15 / Article 1 / Part 7 / Section 15-1-702
15-1-702. Family business interests - maintenance of entity - formation of successor entit
Status: in_force

15-1-702. Family business interests - maintenance of entity - formation of successor entity. (1) As used in this section, unless the context otherwise requires:

(a) "Family" means an individual, such individual's spouse, parents, the descendants of either of such parents or of such spouse, or the spouses of such descendants or any combination of such persons.

(b) "Family business" means a business enterprise with respect to which the aggregate interests of the family are substantial in relation to the total outstanding interests in the business enterprise.

(c) "Interest" and "interests" include beneficial interests as beneficiaries of any estate or trust and indirect interests through any other form of entity.

(d) "Successor entity" includes the entity holding the family business where such entity survives a consolidation, merger, acquisition, or other combination.

(2) Any fiduciary acting under a will or trust instrument that evidences an intent to retain an interest in a family business may maintain the interest in any form of entity or successor entity. Such a successor entity may be formed by consolidation, merger, acquisition, or other combination and shall be considered the same enterprise for purposes of maintaining the interest in the family business where the interests of the beneficiaries in the successor entity are substantial.

(3) Except as otherwise provided in the instrument under which the fiduciary is acting:

(a) A fiduciary may proceed as provided in this subsection (3) with the formation of such a successor entity where the fiduciary believes in good faith that the formation is on a favorable basis considering only the overall interests of the beneficiaries including the maintenance of a substantial interest on the part of the beneficiaries in the enterprise and the value of such interest in the long term.

(b) A fiduciary may vote and otherwise deal with respect to interests in the family business as the fiduciary believes in the good faith exercise of the fiduciary's business judgment, under the business judgment rule, to be necessary or appropriate to complete such formation on such a favorable basis.

(c) A fiduciary may, in the good faith exercise of such judgment, accept a reduced participation in equity, voting, and other rights and preferences including a reduction in voting rights that results in less than voting control of the successor entity.

(d) A fiduciary may proceed without notice to the beneficiaries where disclosure is forbidden by law or where the fiduciary believes in the good faith exercise of such judgment, that nondisclosure is necessary to complete such formation on such a favorable basis.

(4) This section shall apply to any interests held by an estate or trust in a family business on or after May 26, 2000, and to the formation of any entity or successor entity completed after May 26, 2000.
C.R.S. § 15-5-413 — CO Code / Title 15 / Article 5 / Part 4 / Section 15-5-413
15-5-413. Cy pres
Status: in_force

15-5-413. Cy pres. (1) Except as otherwise provided in subsection (2) of this section, if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful:

(a) The trust does not fail, in whole or in part;

(b) The trust property does not revert to the settlor or the settlor's successors in interest; and

(c) The court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes.

(2) A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court pursuant to subsection (1) of this section to apply cy pres to modify or terminate the trust only if, when the provision takes effect:

(a) The trust property is to revert to the settlor and the settlor is still living; or

(b) Fewer than twenty-one years have elapsed since the date of the trust's creation.
C.R.S. § 15-15-412 — CO Code / Title 15 / Article 15 / Part 4 / Section 15-15-412
15-15-412. Nontestamentary disposition
Status: in_force

15-15-412. Nontestamentary disposition. A beneficiary deed shall not be construed to be a testamentary disposition and shall not be invalidated due to nonconformity with the provisions of the code governing wills.
C.R.S. § 15-1.1-110 — CO Code / Title 15 / Article 1.1 / Section 15-1.1-110
15-1.1-110. Language invoking standard of article
Status: in_force

15-1.1-110. Language invoking standard of article. The following terms or comparable language in the provisions of a trust, unless otherwise limited or modified, authorizes any investment or strategy permitted under this article: "investments permissible by law for investment of trust funds," "legal investments," "authorized investments," "using the judgment and care under the circumstances then prevailing that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital," "prudent man rule," "prudent trustee rule," "prudent person rule," and "prudent investor rule."
C.R.S. § 15-11-1216 — CO Code / Title 15 / Article 11 / Part 12 / Section 15-11-1216
15-11-1216. Application to existing relationships
Status: in_force

15-11-1216. Application to existing relationships. Except as otherwise provided for in section 15-11-1213, an interest in or power over property existing on August 10, 2011, for which the time for delivering or filing a disclaimer under law superseded by this part 12 has not expired may be disclaimed after August 10, 2011.
C.R.S. § 15-12-108 — CO Code / Title 15 / Article 12 / Part 1 / Section 15-12-108
15-12-108. Probate, testacy, and appointment proceedings - ultimate time limit
Status: in_force

15-12-108. Probate, testacy, and appointment proceedings - ultimate time limit. (1) No informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator's domicile and appointment proceedings relating to an estate in which there has been a prior appointment, may be commenced more than three years after the decedent's death, except:

(a) If a previous proceeding was dismissed because of doubt about the fact of the decedent's death, appropriate probate, appointment, or testacy proceedings may be maintained at any time thereafter upon a finding that the decedent's death occurred prior to the initiation of the previous proceeding and the applicant or petitioner has not delayed unduly in initiating the subsequent proceedings;

(b) Appropriate probate, appointment, or testacy proceedings may be maintained in relation to the estate of an absent, disappeared, or missing person for whose estate a conservator has been appointed, at any time within three years after the conservator becomes able to establish the death of the protected person; and

(c) A proceeding to contest an informally probated will and to secure appointment of the person with legal priority for appointment in the event the contest is successful may be commenced within the later of twelve months from the informal probate or three years from the decedent's death.

(2) These limitations do not apply to:

(a) Proceedings to construe probated wills; or

(b) Proceedings to determine heirs of an intestate and related appointment proceedings; or

(c) Appointment proceedings and testacy proceedings if no previous testacy proceedings or proceedings determining heirship relating to the decedent's estate have been concluded in this state.

(3) In cases under subsection (1) of this section, the date on which a testacy or appointment proceeding is properly commenced shall be deemed to be the date of the decedent's death for purpose of other limitation provisions of this code which relate to the date of death.
C.R.S. § 15-23-110 — CO Code / Title 15 / Article 23 / Section 15-23-110
15-23-110. Penalty of perjury
Status: in_force

15-23-110. Penalty of perjury. The act of submitting a filing statement to the state court administrator pursuant to section 15-23-111 or submitting a request to the state court administrator pursuant to section 15-23-119, 15-23-120, or 15-23-122 constitutes the affirmation or acknowledgment of the submitter, under the penalty of perjury, that the filing statement or request is the submitter's act and deed, or that the submitter in good faith believes that the filing statement or request is the act and deed of the individual on whose behalf the submitter is acting; that the submitter and the individual on whose behalf the submitter is acting in good faith believes the information provided and declarations made in the filing statement or request are true; and that the filing statement or request complies with the requirements of this article 23.