reglab/housing_qa huggingface dataset:
CO Code § 15-12-104 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 1 - General Provisions|§ 15-12-104. Claims Against Decedent

 No claim may be presented and no proceeding to enforce a claim against the estate of a decedent or his or her successors may be revived or commenced before the appointment of a personal representative, except as permitted by section 15-12-804 . After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by this article. After distribution, a creditor whose claim has not been barred may recover from the distributees as provided in section 15-12-1004 or from a former personal representative individually liable as provided in section 15-12-1005 . This section has no application to a proceeding by a secured creditor of the decedent to enforce his or her right to his or her security except as to any deficiency judgment that might be sought therein.   History. Source: L. 73: R&RE, p. 1565, § 1. C.R.S. 1963: § 153-3-104. L. 2006: Entire section amended, p. 373, § 1, effective July 1. History. Source: L. 73: R&RE, p. 1565, § 1. C.R.S. 1963: § 153-3-104. L. 2006: Entire section amended, p. 373, § 1, effective July 1.    ANNOTATION   Applied in Price v. Sommermeyer, 195 Colo. 285 , 577 P.2d 752 (1978).
CO Code § 15-12-105 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 1 - General Provisions|§ 15-12-105. Proceedings Affecting Devolution and Administration - Jurisdiction of Subject Matter

 Persons interested in decedents' estates may apply to the registrar for determination in the informal proceedings provided in this article and may petition the court for orders in formal proceedings within the court's jurisdiction. The court has jurisdiction as provided in section 15-10-302 .   History. Source: L. 73: R&RE, p. 1566, § 1. C.R.S. 1963: § 153-3-105. History. Source: L. 73: R&RE, p. 1566, § 1. C.R.S. 1963: § 153-3-105.
CO Code § 15-12-106 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 1 - General Provisions|§ 15-12-106. Proceedings Within the Exclusive Jurisdiction of Court - Service - Jurisdiction Over Persons

 In proceedings where notice is required by this code or by rule, interested persons may be bound by the orders of the court in respect to property in or subject to the laws of this state by notice in conformity with section 15-10-401 . An order is binding as to all who are given notice of the proceeding though less than all interested persons are notified.   History. Source: L. 73: R&RE, p. 1566, § 1. C.R.S. 1963: § 153-3-106. History. Source: L. 73: R&RE, p. 1566, § 1. C.R.S. 1963: § 153-3-106.
CO Code § 15-12-107 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 1 - General Provisions|§ 15-12-107. Scope of Proceedings - Proceedings Independent - Exception

  Unless supervised administration as described in part 5 of this article is involved:   Each proceeding before the court or registrar is independent of any other proceeding involving the same estate;    Petitions for formal orders of the court may combine various requests for relief in a single proceeding if the orders sought may be finally granted without delay. Except as required for proceedings which are particularly described by other sections of this article, no petition is defective because it fails to embrace all matters which might then be the subject of a final order;    Proceedings for probate of wills or adjudications of no will may be combined with proceedings for appointment of personal representatives; and    A proceeding for appointment of a personal representative is concluded by an order making or declining the appointment.        History. Source: L. 73: R&RE, p. 1566, § 1. C.R.S. 1963: § 153-3-107. History. Source: L. 73: R&RE, p. 1566, § 1. C.R.S. 1963: § 153-3-107.    ANNOTATION   This section, along with the definition of “proceeding” in § 15-10-201 , instructs that unsupervised administration of an estate may involve multiple proceedings, that a petition initiates an independent proceeding and defines its scope, and that a single proceeding may dispose of multiple claims. Scott v. Scott, 136 P.3d 892 (Colo. 2006).   The initial petition outlines a set of claims and begins a proceeding. Subsequent pleadings that relate to that set of claims are part of the same proceeding. Scott v. Scott, 136 P.3d 892 (Colo. 2006).   Section inapplicable to informal proceeding regarding a claim for services against the estate, as section specifically relates to petitions for formal orders of the court. In re Estate of Bell, 4 P.3d 504 (Colo. App. 2000).   Res judicata does not apply to bar challenge to the validity of a will when former informal dispute was over distribution of the estate and not a claim against the estate. Res judicata only operates as a bar to a second action on a claim that was litigated in a prior proceeding when there is a final judgment and identity of subject matter, claims for relief, and parties to the action. In re Estate of Bell, 4 P.3d 504 (Colo. App. 2000).   Probate court did not err by treating wife's claims separately because wife raised two distinct claims that were subject to different statutory requirements and alleged different facts. Although wife filed two claims on the same day addressing different elements of a singular probate proceeding, each claim was reviewed as an independent claim, and the probate court could rightfully rule on each claim separately. In re Estate of Gadash, 2017 COA 54 , 413 P.3d 272.
CO Code § 15-12-109 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 1 - General Provisions|§ 15-12-109. Statutes of Limitations on Decedent's Cause of Action

 No statute of limitations running on a cause of action belonging to a decedent which had not been barred as of the date of his death shall apply to bar a cause of action surviving the decedent's death sooner than one year after death. A cause of action which, but for this section, would have been barred less than one year after death is barred after one year unless tolled.   History. Source: L. 73: R&RE, p. 1567, § 1. C.R.S. 1963: § 153-3-109. L. 79: Entire section amended, p. 629, § 2, effective July 1. History. Source: L. 73: R&RE, p. 1567, § 1. C.R.S. 1963: § 153-3-109. L. 79: Entire section amended, p. 629, § 2, effective July 1.
CO Code § 15-12-204 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 2 - Venue for Probate and Administration; Priority to Administer; Demand for Notice|§ 15-12-204. Demand for Notice of Order or Filing Concerning Decedent's Estate

 Any person desiring notice of any order or filing pertaining to a decedent's estate in which he has a financial or property interest may file a demand for notice with the court at any time after the death of the decedent stating the name of the decedent, the nature of his interest in the estate, and the demandant's address or that of his attorney. The clerk shall mail a copy of the demand to the personal representative if one has been appointed. After filing of a demand, no order or filing to which the demand relates shall be made or accepted without notice as prescribed in section 15-10-401 to the demandant or his attorney. The validity of an order which is issued or filing which is accepted without compliance with this requirement shall not be affected by the error, but the petitioner receiving the order or the person making the filing may be liable for any damage caused by the absence of notice. The requirement of notice arising from a demand under this provision may be waived in writing by the demandant and shall cease upon the termination of his interest in the estate.   History. Source: L. 73: R&RE, p. 1569, § 1. C.R.S. 1963: § 153-3-204. History. Source: L. 73: R&RE, p. 1569, § 1. C.R.S. 1963: § 153-3-204.
CO Code § 15-12-302 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 3 - Informal Probate and Appointment Proceedings|§ 15-12-302. Informal Probate - Duty of Registrar - Effect of Informal Probate

 Upon receipt of an application requesting informal probate of a will, the registrar, upon making the findings required by section 15-12-303 , shall issue a written statement of informal probate. Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding. No defect in the application or procedure relating thereto which leads to informal probate of a will renders the probate void.   History. Source: L. 73: R&RE, p. 1571, § 1. C.R.S. 1963: § 153-3-302. History. Source: L. 73: R&RE, p. 1571, § 1. C.R.S. 1963: § 153-3-302.    ANNOTATION   Law reviews. For article, “A Potpourri of Probate Practice Aids”, see 11 Colo. Law. 1850 (1982).
CO Code § 15-12-304 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 3 - Informal Probate and Appointment Proceedings|§ 15-12-304. Informal Probate - Unavailable in Certain Cases

 [ ] Applications for informal probate which relate to 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, shall be declined.  Editor's note: This version of this section is effective until January 1, 2023.  History. Source: L. 73: R&RE, p. 1572, § 1. C.R.S. 1963: § 153-3-304. L. 77: Entire section amended, p. 834, § 17, effective July 1. L. 2019: Entire section R&RE,(HB 19-1229), ch. 252, p. 2446, § 3, effective January 1, 2023. History. Source: L. 73: R&RE, p. 1572, § 1. C.R.S. 1963: § 153-3-304. L. 77: Entire section amended, p. 834, § 17, effective July 1. L. 2019: Entire section R&RE,(HB 19-1229), ch. 252, p. 2446, § 3, effective January 1, 2023.    Editor's note:   HB 20-1368 amended the effective date of HB 19-1229 to change the date from January 1, 2021, to January 1, 2023. (See L. 2020, p. 1441 .)
CO Code § 15-12-304 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 3 - Informal Probate and Appointment Proceedings|§ 15-12-304. Informal Probate - Unavailable in Certain Cases

  [ ] Applications for informal probate that relate to any of the following must be declined:   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    A copy of the decedent's original will certified by the state court administrator pursuant to article 23 of this title 15.       Editor's note: This version of this section is effective January 1, 2023.  History. Source: L. 73: R&RE, p. 1572, § 1. C.R.S. 1963: § 153-3-304. L. 77: Entire section amended, p. 834, § 17, effective July 1. L. 2019: Entire section R&RE,(HB 19-1229), ch. 252, p. 2446, § 3, effective January 1, 2023. History. Source: L. 73: R&RE, p. 1572, § 1. C.R.S. 1963: § 153-3-304. L. 77: Entire section amended, p. 834, § 17, effective July 1. L. 2019: Entire section R&RE,(HB 19-1229), ch. 252, p. 2446, § 3, effective January 1, 2023.
CO Code § 15-12-305 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 3 - Informal Probate and Appointment Proceedings|§ 15-12-305. Informal Probate - Registrar Not Satisfied

 If the registrar is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of sections 15-12-303 and 15-12-304 or any other reason, he may decline the application. A declination of informal probate is not an adjudication and does not preclude formal probate proceedings.   History. Source: L. 73: R&RE, p. 1572, § 1. C.R.S. 1963: § 153-3-305. History. Source: L. 73: R&RE, p. 1572, § 1. C.R.S. 1963: § 153-3-305.
CO Code § 15-12-306 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 3 - Informal Probate and Appointment Proceedings|§ 15-12-306. Informal Probate - Notice and Information Requirements

 The moving party must give notice as described by section 15-10-401 of his application for informal probate to any person demanding it pursuant to section 15-12-204 and to any personal representative of the decedent whose appointment has not been terminated. If a personal representative has not been appointed, then not later than thirty days after a will has been informally probated the moving party shall give information of the probate to the persons and in the manner prescribed by section 15-12-705 and shall promptly file with the court a statement that such information has been given, to whom, and at what addresses, if mailed. No other notice of informal probate is required.   History. Source: L. 73: R&RE, p. 1572, § 1. C.R.S. 1963: § 153-3-306. L. 75: Entire section amended, p. 595, § 23, effective July 1. History. Source: L. 73: R&RE, p. 1572, § 1. C.R.S. 1963: § 153-3-306. L. 75: Entire section amended, p. 595, § 23, effective July 1.
CO Code § 15-12-307 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 3 - Informal Probate and Appointment Proceedings|§ 15-12-307. Informal Appointment Proceedings - Delay in Order - Duty of Registrar - Effect of Appointment

  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.    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.     History. Source: L. 73: R&RE, p. 1572, § 1. C.R.S. 1963: § 153-3-307. History. Source: L. 73: R&RE, p. 1572, § 1. C.R.S. 1963: § 153-3-307.
CO Code § 15-12-308 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 3 - Informal Probate and Appointment Proceedings|§ 15-12-308. Informal Appointment Proceedings - Proof and Findings Required

  In informal appointment proceedings, the registrar must determine that:   The application for informal appointment of a personal representative is complete;    The applicant has made oath or affirmation that the statements contained in the application are true to the best of his knowledge and belief;    The applicant appears from the application to be an interested person as defined in section 15-10-201 (27);    On the basis of the statements in the application, venue is proper;    Any will to which the requested appointment relates has been formally or informally probated; but this requirement does not apply to the appointment of a special administrator;    Any notice required by section 15-12-204 has been given;    From the statements in the application, the person whose appointment is sought has priority entitling him to the appointment;    One hundred twenty hours have elapsed since the decedent's death.       Unless section 15-12-612 controls, the application must be denied if it indicates that a personal representative who has not filed a written statement of resignation as provided in section 15-12-610 (3) has been appointed in this or another county of this state, that (unless the applicant is the domiciliary personal representative or his nominee) the decedent was not domiciled in this state and that a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile, or that other requirements of this section have not been met.     History. Source: L. 73: R&RE, p. 1572, § 1. C.R.S. 1963: § 153-3-308. L. 94: (1)(c) amended, p. 1037, § 10, effective July 1, 1995. History. Source: L. 73: R&RE, p. 1572, § 1. C.R.S. 1963: § 153-3-308. L. 94: (1)(c) amended, p. 1037, § 10, effective July 1, 1995.
CO Code § 15-12-309 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 3 - Informal Probate and Appointment Proceedings|§ 15-12-309. Informal Appointment Proceedings - Registrar Not Satisfied

 If the registrar is not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of sections 15-12-307 and 15-12-308 or for any other reason, he may decline the application. A declination of informal appointment is not an adjudication and does not preclude appointment in formal proceedings.   History. Source: L. 73: R&RE, p. 1573, § 1. C.R.S. 1963: § 153-3-309. History. Source: L. 73: R&RE, p. 1573, § 1. C.R.S. 1963: § 153-3-309.
CO Code § 15-12-310 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 3 - Informal Probate and Appointment Proceedings|§ 15-12-310. Informal Appointment Proceedings - Notice Requirements

  The moving party must give notice as described by section 15-10-401 of his intention to seek an appointment informally:   To any person demanding it pursuant to section 15-12-204; and    To any person having a prior or equal right to appointment not waived in writing and filed with the court.       No other notice of an informal appointment proceeding is required.     History. Source: L. 73: R&RE, p. 1573, § 1. C.R.S. 1963: § 153-3-310. History. Source: L. 73: R&RE, p. 1573, § 1. C.R.S. 1963: § 153-3-310.
CO Code § 15-12-311 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 3 - Informal Probate and Appointment Proceedings|§ 15-12-311. Informal Appointment Unavailable in Certain Cases

 If an application for informal appointment indicates the existence of a possible unrevoked will which may relate to property subject to the laws of this state and which is not filed for probate in this court, the registrar shall decline the application.   History. Source: L. 73: R&RE, p. 1573, § 1. C.R.S. 1963: § 153-3-311. History. Source: L. 73: R&RE, p. 1573, § 1. C.R.S. 1963: § 153-3-311.
CO Code § 15-12-404 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 4 - Formal Testacy and Appointment Proceedings|§ 15-12-404. Formal Testacy Proceedings - Written Objections to Probate

 Any party to a formal proceeding who opposes the probate of a will for any reason shall state in his pleadings his objections to probate of the will.   History. Source: L. 73: R&RE, p. 1575, § 1. C.R.S. 1963: § 153-3-404. History. Source: L. 73: R&RE, p. 1575, § 1. C.R.S. 1963: § 153-3-404.
CO Code § 15-12-405 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 4 - Formal Testacy and Appointment Proceedings|§ 15-12-405. Formal Testacy Proceedings - Uncontested Cases - Hearings and Proof

 If a petition in a testacy proceeding is unopposed, the court may order probate or intestacy on the strength of the pleadings if satisfied that the conditions of section 15-12-409 have been met, or conduct a hearing in open court and require proof of the matters necessary to support the order sought. If evidence concerning execution of the will is necessary, the affidavit or testimony of one of the attesting witnesses to the instrument is sufficient. If the affidavit or testimony of an attesting witness is not available, execution of the will may be proved by other evidence or affidavit.   History. Source: L. 73: R&RE, p. 1575, § 1. C.R.S. 1963: § 153-3-405. History. Source: L. 73: R&RE, p. 1575, § 1. C.R.S. 1963: § 153-3-405.    ANNOTATION   Where there is no hint of objection to the probate of a will, the probate court is not obliged to invite objections at the probate hearing. In re Estate of Decker, 194 Colo. 143 , 570 P.2d 832 (1977).
CO Code § 15-12-409 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 4 - Formal Testacy and Appointment Proceedings|§ 15-12-409. Formal Testacy Proceedings - Order - Foreign Will

 After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court finds that the testator is dead, venue is proper, and that the proceeding was commenced within the limitation prescribed by section 15-12-108 , it shall determine the decedent's domicile at death, his heirs, and his state of testacy. Any will found to be valid and unrevoked shall be formally probated. Termination of any previous informal appointment of a personal representative, which may be appropriate in view of the relief requested and findings, is governed by section 15-12-612 . The petition shall be dismissed or appropriate amendment allowed if the court is not satisfied that the alleged decedent is dead. A will from a place which does not provide for probate of a will after death may be proved for probate in this state by a duly authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will has become effective under the law of the other place.   History. Source: L. 73: R&RE, p. 1576, § 1. C.R.S. 1963: § 153-3-409. History. Source: L. 73: R&RE, p. 1576, § 1. C.R.S. 1963: § 153-3-409.
CO Code § 15-12-410 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 4 - Formal Testacy and Appointment Proceedings|§ 15-12-410. Formal Testacy Proceedings - Probate of More Than One Instrument

 If two or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than one instrument may be probated if neither expressly revokes the other or contains provisions which work a total revocation by implication. If more than one instrument is probated, the order shall indicate what provisions control in respect to the nomination of an executor, if any. The order may, but need not, indicate how any provisions of a particular instrument are affected by the other instrument. After a final order in a testacy proceeding has been entered, no petition for probate of any other instrument of the decedent may be entertained, except incident to a petition to vacate or modify a previous probate order and subject to the time limits of section 15-12-412 .   History. Source: L. 73: R&RE, p. 1576, § 1. C.R.S. 1963: § 153-3-410. History. Source: L. 73: R&RE, p. 1576, § 1. C.R.S. 1963: § 153-3-410.    ANNOTATION   Proposed will need not be filed with motion to vacate. This section does not require the filing of a proposed will on the same date as the filing of a motion to vacate. However, it does require that any subsequent petition to probate be filed no later than 12 months after the entry of the challenged order. Church of Jesus Christ of Latter Day Saints v. Tally, 654 P.2d 886 (Colo. App. 1982).