reglab/housing_qa huggingface dataset:
CO Code § 15-5-1013 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 5 - Colorado Uniform Trust Code|Part 10 - Liability of Trustees and Rights of Persons Dealing With Trustees|§ 15-5-1013. Certification of Trust

  Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information:   That the trust exists and the date the trust instrument was executed;    The identity of the settlor;    The identity and address of the currently acting trustee;    The powers of the trustee in the pending transaction;    The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust;    The authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee; and    The name in which title to trust property may be taken.       A certification of trust may be signed or otherwise authenticated by any trustee.    A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.    A certification of trust need not contain the dispositive terms of a trust.    A recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments that designate the trustee and confer upon the trustee the power to act in the pending transaction.    A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification.    A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.    A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for costs, expenses, attorney fees, and damages if the court determines that the person did not act in good faith in demanding the trust instrument.    This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust.     History. Source: L. 2018: Entire article added, (SB 18-180), ch. 169, p. 1188, § 1, effective January 1, 2019.
CO Code § 15-5-1401 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 5 - Colorado Uniform Trust Code|Part 14 - Miscellaneous Provisions|§ 15-5-1401. Uniformity of Application and Construction

 In applying and construing the language of this article 5 that is consistent with uniform law, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.   History. Source: L. 2018: Entire article added, (SB 18-180), ch. 169, p. 1191, § 1, effective January 1, 2019.
CO Code § 15-5-1402 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 5 - Colorado Uniform Trust Code|Part 14 - Miscellaneous Provisions|§ 15-5-1402. Electronic Records and Signatures

 The provisions of this article 5 governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of section 102 of the federal “Electronic Signatures in Global and National Commerce Act”, 15 U.S.C. sec. 7002, and supersede, modify, and limit the requirements of the federal “Electronic Signatures in Global and National Commerce Act”, 15 U.S.C. sec. 7001 et seq.   History. Source: L. 2018: Entire article added, (SB 18-180), ch. 169, p. 1191, § 1, effective January 1, 2019.
CO Code § 15-5-1403 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 5 - Colorado Uniform Trust Code|Part 14 - Miscellaneous Provisions|§ 15-5-1403. Severability Clause

 If any provision of this article 5 or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions of applications of this article 5 that can be given effect without the invalid provision or application, and to this end the provisions of this article 5 are severable.   History. Source: L. 2018: Entire article added, (SB 18-180), ch. 169, p. 1191, § 1, effective January 1, 2019.
CO Code § 15-5-1404 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 5 - Colorado Uniform Trust Code|Part 14 - Miscellaneous Provisions|§ 15-5-1404. Application to Existing Relationships

  Except as otherwise provided in this article 5, including section 15-5-508, on January 1, 2019:   This article 5 applies to all trusts created before, on, or after January 1, 2019;    This article 5 applies to all judicial proceedings concerning trusts commenced on or after January 1, 2019;    This article 5 applies to judicial proceedings concerning trusts commenced before January 1, 2019, unless the court finds that application of a particular provision of this article 5 would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this article 5 does not apply and the superseded law applies;    Any rule of construction or presumption provided in this article 5 applies to trust instruments executed before January 1, 2019, unless there is a clear indication of a contrary intent in the terms of the trust; and    An act done before January 1, 2019, is not affected by this article 5.       If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run pursuant to any other statute before January 1, 2019, then the period prescribed by that statute as it existed prior to January 1, 2019, continues to apply to the right, even if the statute has been repealed or suspended.     History. Source: L. 2018: Entire article added, (SB 18-180), ch. 169, p. 1191, § 1, effective January 1, 2019. L. 2021: IP(1) amended, (SB 21-162), ch. 170, p. 944, § 4, effective September 7.
CO Code § 15-10-101 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 10 - General Provisions, Definitions, Jurisdiction|Part 1 - Short Title, Construction, General Provisions|§ 15-10-101. Short Title

 Articles 10 to 17 of this title shall be known and may be cited as the “Colorado Probate Code” and is referred to in said articles as “this code” or “code”.   History. Source: L. 73: R&RE, p. 1538, § 1. C.R.S. 1963: § 153-1-101. History. Source: L. 73: R&RE, p. 1538, § 1. C.R.S. 1963: § 153-1-101.    ANNOTATION   Law reviews. For article, “New Probate Code for Colorado”, see 13 Rocky Mt. L. Rev. 85 (1941). For article, “Check Lists for Court Proceedings in Which Titles to Real Estate Are Involved”, see 23 Rocky Mt. L. Rev. 371 (1951). For article, “Some Suggested Changes in the Colorado Statutes Concerning Wills and Estates”, see 29 Rocky Mt. L. Rev. 595 (1957). For article, “Due Process in Involuntary Civil Commitment and Incompetency Adjudication Proceedings: Where Does Colorado Stand?”, see 46 Den. L.J. 516 (1969). For article, “Family Protection Under the Uniform Probate Code”, see 50 Den. L.J. 137 (1973). For article, “A Potpourri of Probate Practice Aids”, see 11 Colo. Law. 1850 (1982). For article, “The Life Beneficiary -- Trustee”, see 12 Colo. Law. 52 (1983). For article, “Uniform State Laws of Interest to Colorado Probate Lawyers”, see 14 Colo. Law. 1961 (1985). For article, “Decedents' Creditors and Nonprobate Assets”, see 15 Colo. Law. 2190 (1986).   Applied in Bohl v. Haney, 671 P.2d 991 (Colo. App. 1983).
CO Code § 15-10-102 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 10 - General Provisions, Definitions, Jurisdiction|Part 1 - Short Title, Construction, General Provisions|§ 15-10-102. Purposes - Rule of Construction

  This code shall be liberally construed and applied to promote its underlying purposes and policies.    The underlying purposes and policies of this code are:   To simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors, and incapacitated persons;    To discover and make effective the intent of a decedent in distribution of his property;    To promote a speedy and efficient system for settling the estate of the decedent and making distribution to his successors;    To facilitate use and enforcement of certain trusts;  (d.1) To promote a speedy and efficient system for managing and protecting the estates of protected persons so that assets may be preserved for application to the needs of protected persons and their dependents;   (d.2) To provide a system of general and limited guardianships for minors and incapacitated persons and to coordinate guardianships and protective proceedings concerned with management and protection of the estates of incapacitated persons;     To make uniform the law among the various jurisdictions.       Under this code, the rights of partners in a civil union created pursuant to the “Colorado Civil Union Act”, article 15 of title 14, C.R.S., are the same rights as those extended to spouses who are married pursuant to the provisions of the “Uniform Marriage Act”, part 1 of article 2 of title 14, C.R.S.     History. Source: L. 73: R&RE, p. 1538, § 1. C.R.S. 1963: § 153-1-102. L. 88: (2)(d.1) and (2)(d.2) added, p. 649, § 1, effective July 1. L. 2013: (3) added,(SB 13-011), ch. 49, p. 164, § 17, effective May 1. History. Source: L. 73: R&RE, p. 1538, § 1. C.R.S. 1963: § 153-1-102. L. 88: (2)(d.1) and (2)(d.2) added, p. 649, § 1, effective July 1. L. 2013: (3) added,(SB 13-011), ch. 49, p. 164, § 17, effective May 1.    ANNOTATION   Applied in In re Estate of Daigle, 634 P.2d 71 (Colo. 1981); Strong Bros. Enters. v. Estate of Strong, 666 P.2d 1109 (Colo. App. 1983); In re Estate of Shuler, 981 P.2d 1109 (Colo. App. 1999).
CO Code § 15-10-103 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 10 - General Provisions, Definitions, Jurisdiction|Part 1 - Short Title, Construction, General Provisions|§ 15-10-103. Supplementary General Principles of Law Applicable

 Unless displaced by the particular provisions of this code, the principles of law and equity supplement its provisions.   History. Source: L. 73: R&RE, p. 1539, § 1. C.R.S. 1963: § 153-1-103. History. Source: L. 73: R&RE, p. 1539, § 1. C.R.S. 1963: § 153-1-103.
CO Code § 15-10-104 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 10 - General Provisions, Definitions, Jurisdiction|Part 1 - Short Title, Construction, General Provisions|§ 15-10-104. Severability

 If any provision of this code or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisions of this code are declared to be severable.   History. Source: L. 73: R&RE, p. 1539, § 1. C.R.S. 1963: § 153-1-104. History. Source: L. 73: R&RE, p. 1539, § 1. C.R.S. 1963: § 153-1-104.
CO Code § 15-10-105 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 10 - General Provisions, Definitions, Jurisdiction|Part 1 - Short Title, Construction, General Provisions|§ 15-10-105. Construction Against Implied Repeal

 This code is a general act intended as a unified coverage of its subject matter, and no part of it shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided.   History. Source: L. 73: R&RE, p. 1539, § 1. C.R.S. 1963: § 153-1-105. History. Source: L. 73: R&RE, p. 1539, § 1. C.R.S. 1963: § 153-1-105.
CO Code § 15-10-106 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 10 - General Provisions, Definitions, Jurisdiction|Part 1 - Short Title, Construction, General Provisions|§ 15-10-106. Effect of Fraud and Evasion

 Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this code or if fraud is used to avoid or circumvent the provisions or purposes of this code, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person (other than a bona fide purchaser) benefitting from the fraud, whether innocent or not. Any proceeding must be commenced within five years after the discovery of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affects the succession of his estate.   History. Source: L. 73: R&RE, p. 1539, § 1. C.R.S. 1963: § 153-1-106. History. Source: L. 73: R&RE, p. 1539, § 1. C.R.S. 1963: § 153-1-106.    ANNOTATION   Because this section provides an adequate legal remedy for plaintiff's claim that her son fraudulently induced her into not contesting her husband's will, the statute of limitations in § 15-12-108 is not subject to equitable tolling. In re Estate of Kubby, 929 P.2d 55 (Colo. App. 1996).   In the city and county of Denver, the jurisdiction for a claim of fraud lies only with the probate court and district court properly determined that it lacked jurisdiction in this matter. Pound v. Fletter, 39 P.3d 1241 (Colo. App. 2001).
CO Code § 15-10-108 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 10 - General Provisions, Definitions, Jurisdiction|Part 1 - Short Title, Construction, General Provisions|§ 15-10-108. Acts by Holder of General Power

 For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond, to register a trust, or to perform other duties, and for purposes of consenting to modification or termination of a trust or to deviation from its terms, the sole holder or all coholders of a presently exercisable general power of appointment, including one in the form of a power of amendment or revocation, are deemed to act for beneficiaries to the extent that their interests (as objects, takers in default, or otherwise) are subject to the power.   History. Source: L. 73: R&RE, p. 1540, § 1. C.R.S. 1963: § 153-1-108. History. Source: L. 73: R&RE, p. 1540, § 1. C.R.S. 1963: § 153-1-108.
CO Code § 15-10-109 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 10 - General Provisions, Definitions, Jurisdiction|Part 1 - Short Title, Construction, General Provisions|§ 15-10-109. Remarriage of Absentee's Spouse

  At any time after a finding of death of an absentee in a formal testacy proceeding under this code, the spouse of an absentee may remarry, and:   Such subsequent marriage shall not constitute the offense of bigamy or any other criminal offense under the laws of this state, even though the absentee shall later be determined to be alive; and    Upon such subsequent marriage, the marriage between the absentee and his said spouse shall be deemed to have been dissolved as of the date of the absentee's death as determined in accordance with section 15-10-107.        History. Source: L. 73: R&RE, p. 1540, § 1. C.R.S. 1963: § 153-1-109. History. Source: L. 73: R&RE, p. 1540, § 1. C.R.S. 1963: § 153-1-109.
CO Code § 15-10-110 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 10 - General Provisions, Definitions, Jurisdiction|Part 1 - Short Title, Construction, General Provisions|§ 15-10-110. Insurance and Other Contracts - Surrender Value - Effect of Contract Provisions - Suit on Claim of Death

  A finding of death in a formal testacy proceeding under this code shall be fully effective as to rights under insurance, annuity, and endowment contracts dependent upon the life of an absentee, and the receipts of beneficiaries for payments made under any such contracts shall be a release to the contract issuer of all claims under such contracts.    If, in any proceeding under this code, the absentee is not found to be deceased and any policy of insurance or any annuity or endowment contract owned by the absentee provides for a surrender value, the conservator, acting for the insured, with court approval and a finding of necessity, may demand the payment of surrender value to the estate of the absentee. The receipt of the conservator for such payment shall be a release to the contract issuer of all claims under the contract.    Notwithstanding the provisions in any annuity or endowment contract or policy of life or accident insurance or in the charter or bylaws of any mutual or fraternal insurance association hereafter executed or adopted, the provisions of this section shall govern the effect to be given to evidence of absence or of death.    When any annuity or endowment contract, any policy of life or accident insurance, or the charter or bylaws of any mutual or fraternal insurance association hereafter executed or adopted contains a provision requiring a beneficiary to bring suit upon a claim of death within a stated period after the death of the insured and the fact of the absence of the insured is relied upon by the beneficiary as evidence of the death, the action may be begun, notwithstanding such provision in the contract, policy, charter, or bylaws, at any time within the statutory period of limitation for actions on contracts in writing dating from the date of death of the absentee, as determined in a formal testacy proceeding under this code.     History. Source: L. 73: R&RE, p. 1540, § 1. C.R.S. 1963: § 153-1-110. History. Source: L. 73: R&RE, p. 1540, § 1. C.R.S. 1963: § 153-1-110.
CO Code § 15-10-301 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 10 - General Provisions, Definitions, Jurisdiction|Part 3 - Scope, Jurisdiction, and Courts|§ 15-10-301. Territorial Application

  Except as otherwise provided in this code, this code applies to:   The affairs and estates of decedents, missing persons, and persons to be protected, domiciled in this state;    The property of nonresidents located in this state or property coming into the control of a fiduciary who is subject to the laws of this state;    Incapacitated persons and minors in this state;    Survivorship and related accounts in this state;    Trusts subject to administration in this state, to the extent such application is not inconsistent with the “Colorado Uniform Trust Code”, article 5 of this title 15; and    Declaration instruments created pursuant to article 19 of this title.        History. Source: L. 73: R&RE, p. 1545, § 1. C.R.S. 1963: § 153-1-301. L. 2003: (1)(f) added, p. 1355, § 2, effective August 6. L. 2018: (1)(e) amended,(SB 18-180), ch. 169, p. 1193, § 8, effective January 1, 2019. History. Source: L. 73: R&RE, p. 1545, § 1. C.R.S. 1963: § 153-1-301. L. 2003: (1)(f) added, p. 1355, § 2, effective August 6. L. 2018: (1)(e) amended,(SB 18-180), ch. 169, p. 1193, § 8, effective January 1, 2019.    ANNOTATION   When representative appointed for nonresident decedents. Personal representatives may be appointed for nonresident decedents only when there is property of the nonresident decedent located in the state. Price v. Sommermeyer, 195 Colo. 285 , 577 P.2d 752 (1978).   When potential indemnity under insurance policy supports letters of administration. A potential right of indemnity under a liability insurance policy is sufficient personal property to support letters of administration for a nonresident when the insurance carrier is authorized to transact business in this state. Price v. Sommermeyer, 195 Colo. 285 , 577 P.2d 752 (1978).   A probate court may exercise in rem jurisdiction over conservatorship property that was transferred outside the state through its continuing jurisdiction over such property. Conservator's unilateral acts of seeking a state conservatorship over a protected person and then improperly transferring assets from the conservatorship to out-of-state trusts did not convert the assets from conservatorship assets into assets of the trusts or mean that those assets never touched Colorado. In re Black, 2020 COA 64 M, __ P.3d __.
CO Code § 15-10-302 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 10 - General Provisions, Definitions, Jurisdiction|Part 3 - Scope, Jurisdiction, and Courts|§ 15-10-302. Subject Matter Jurisdiction

  The court has jurisdiction over all subject matter vested by article VI of the state constitution and by articles 1 to 10 of title 13, C.R.S.    The court has full power to make orders, judgments, and decrees and take all other action necessary and proper to administer justice in the matters which come before it.     History. Source: L. 73: R&RE, p. 1545, § 1. C.R.S. 1963: § 153-1-302. History. Source: L. 73: R&RE, p. 1545, § 1. C.R.S. 1963: § 153-1-302.    ANNOTATION   Law reviews. For article, “Probate Jurisdiction for Creditors' Claims”, see 29 Colo. Law. 57 (May 2000).   Specific enumeration of probate court's subject-matter jurisdiction is applicable to all district courts sitting in probate matters. Lembach v. Lembach, 622 P.2d 606 (Colo. App. 1980).   Federal district court lacked diversity jurisdiction over will contest since probate exception to diversity jurisdiction applied. Exception applied because in Colorado a county court has exclusive original jurisdiction over probate matters. Johnson v. Porter, 931 F. Supp. 761 (D. Colo. 1996 ).   Probate court has jurisdiction to adjudicate constructive trust issue that arises in connection with the administration of decedent's estate. Lembach v. Lembach, 622 P.2d 606 (Colo. App. 1980); Mitchem v. First Interstate Bank of Denver, 802 P.2d 1141 (Colo. App. 1990).   Probate court's jurisdiction in guardianship cases gives probate court the authority to determine related parenting time issues in accordance with § 14-10-129 . People ex rel. A.R.D., 43 P.3d 632 (Colo. App. 2001).   Court may revoke its orders and reopen proceedings irregularly made. A probate court may revoke its orders and reopen proceedings with respect to the settlement of estates which have been irregularly made or procured by fraud or mistake. Lembach v. Lembach, 622 P.2d 606 (Colo. App. 1980).
CO Code § 15-10-303 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 10 - General Provisions, Definitions, Jurisdiction|Part 3 - Scope, Jurisdiction, and Courts|§ 15-10-303. Venue - Multiple Proceedings - Transfer

  Where a proceeding under this code could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed.    If proceedings concerning the same estate, protected person, ward, or trust are commenced in more than one court of this state, the court in which the proceeding was first commenced shall continue to hear the matter, and the other courts shall hold the matter in abeyance until the question of venue is decided, and if the ruling court determines that venue is properly in another court, it shall transfer the proceeding to the other court.    If a court finds that in the interest of justice a proceeding or a file should be located in another court of this state, the court making the finding may transfer the proceeding or file to the other court.     History. Source: L. 73: R&RE, p. 1545, § 1. C.R.S. 1963: § 153-1-303. History. Source: L. 73: R&RE, p. 1545, § 1. C.R.S. 1963: § 153-1-303.    ANNOTATION   Law reviews. For article, “A Potpourri of Probate Practice Aids”, see 11 Colo. Law. 1850 (1982). For article, “Will Contests -- Some Procedural Aspects”, see 15 Colo. Law. 787 (1986).   Applied in Jenkins v. District Court, 620 P.2d 721 (Colo. 1980).