reglab/housing_qa huggingface dataset:
CO Code § 15-12-901 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 9 - Special Provisions Relating to Distribution|§ 15-12-901. Successors' Rights if No Administration

     As used in this subsection (1), “will probated in this state” means a will that is declared to be valid by an order of informal probate by the registrar, or an adjudication of probate by the court.    Except as otherwise provided in paragraph (c) of this subsection (1) and in part 13 of this article:   In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a will probated in this state or the laws of intestate succession.    Devisees may establish title by the will probated in this state to devised property.       A duly executed and unrevoked will that is not a will probated in this state may be admitted as evidence of a devise if:   A court proceeding concerning the succession or administration of the estate has not occurred; and    Either the devisee or his or her successors and assigns possessed the property devised in accordance with the provisions of the will, or the property devised was not possessed or claimed by anyone by virtue of the decedent's title during the time period for testacy proceedings.          Persons entitled to property by exemption or intestacy may establish title thereto by proof of the decedent's ownership, his or her death, and their relationship to the decedent.    Successors take subject to all charges incident to administration, including the claims of creditors and allowances of surviving spouse and dependent children, and subject to the rights of others resulting from abatement, retainer, advancement, and ademption.     History. Source: L. 73: R&RE, p. 1597, § 1. C.R.S. 1963: § 153-3-901. L. 2011: Entire section amended,(SB 11-083), ch. 101, p. 304, § 9, effective August 10. History. Source: L. 73: R&RE, p. 1597, § 1. C.R.S. 1963: § 153-3-901. L. 2011: Entire section amended,(SB 11-083), ch. 101, p. 304, § 9, effective August 10.    ANNOTATION   Law reviews. For article, “Dealing With a Decedent's Mineral Interests”, see 44 Colo. Law. 53 (Feb. 2015).
CO Code § 15-12-903 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 9 - Special Provisions Relating to Distribution|§ 15-12-903. Right of Retainer

 Unless a contrary intent is indicated by the will, the amount of a noncontingent indebtedness of a successor to the estate if due, or its present value if not due, shall be offset against the successor's interest; but the successor has the benefit of any defense which would be available to him in a direct proceeding for recovery of the debt.   History. Source: L. 73: R&RE, p. 1598, § 1. C.R.S. 1963: § 153-3-903. History. Source: L. 73: R&RE, p. 1598, § 1. C.R.S. 1963: § 153-3-903.    Cross references:   For debts to a decedent, see § 15-11-110 .
CO Code § 15-12-904 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 9 - Special Provisions Relating to Distribution|§ 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.   History. Source: L. 73: R&RE, p. 1598, § 1. C.R.S. 1963: § 153-3-904. History. Source: L. 73: R&RE, p. 1598, § 1. C.R.S. 1963: § 153-3-904.    ANNOTATION   Law reviews. For article, “Fiduciary Accounting -- Are the Ground Rules Clear?”, see 11 Colo. Law. 1192 (1982).
CO Code § 15-12-905 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 9 - Special Provisions Relating to Distribution|§ 15-12-905. Penalty Clause for Contest

 A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.   History. Source: L. 73: R&RE, p. 1598, § 1. C.R.S. 1963: § 153-3-905. History. Source: L. 73: R&RE, p. 1598, § 1. C.R.S. 1963: § 153-3-905.    ANNOTATION   Law reviews. For article, “Will Contests -- Some Procedural Aspects”, see 15 Colo. Law. 787 (1986). For article, “No-Contest Clauses: Issues for Drafting and Litigating”, see 29 Colo. Law. 57 (Dec. 2000). For article, “To Contest or Not: Drafting and Litigating No-Contest Clauses”, see 46 Colo. Law. 39 (Jan. 2017).   For purposes of this section, offering a later will can constitute a contest of an earlier will and the fact that the later will was a product of undue influence does not, as a matter of law, preclude the application of the good faith-probable cause exception set forth in this section. In re Estate of Peppler, 971 P.2d 694 (Colo. App. 1998).
CO Code § 15-12-907 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 9 - Special Provisions Relating to Distribution|§ 15-12-907. Distribution in Kind - Evidence

 If distribution in kind is made, the personal representative shall execute an instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the distributee's title to the property.   History. Source: L. 73: R&RE, p. 1599, § 1. C.R.S. 1963: § 153-3-907. History. Source: L. 73: R&RE, p. 1599, § 1. C.R.S. 1963: § 153-3-907.
CO Code § 15-12-908 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 9 - Special Provisions Relating to Distribution|§ 15-12-908. Distribution - Right or Title of Distributee

 Proof that a distributee has received an instrument or deed of distribution of assets in kind, or payment in distribution, from a personal representative is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed assets, as against all persons interested in the estate; except that the personal representative may recover the assets or their value if the distribution was improper.   History. Source: L. 73: R&RE, p. 1599, § 1. C.R.S. 1963: § 153-3-908. History. Source: L. 73: R&RE, p. 1599, § 1. C.R.S. 1963: § 153-3-908.
CO Code § 15-12-909 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 9 - Special Provisions Relating to Distribution|§ 15-12-909. Improper Distribution - Liability of Distributee

 Unless the distribution or payment no longer can be questioned because of adjudication, estoppel, or limitation, a distributee of property improperly distributed or paid, or a claimant who was improperly paid, is liable for return of the property improperly received and its income since distribution if he has the property. If he does not have the property, then he is liable for return of the value as of the date of disposition of the property improperly received and its income and gain received by him.   History. Source: L. 73: R&RE, p. 1599, § 1. C.R.S. 1963: § 153-3-909. History. Source: L. 73: R&RE, p. 1599, § 1. C.R.S. 1963: § 153-3-909.    Cross references:   For liability to persons interested in an estate, see § 15-12-703 .
CO Code § 15-12-910 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 9 - Special Provisions Relating to Distribution|§ 15-12-910. Purchasers From Distributees Protected

 If property distributed in kind or a security interest therein is acquired for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution from the personal representative, or is so acquired by a purchaser from or lender to a transferee from such distributee, the purchaser or lender takes title free of rights of any interested person in the estate and incurs no personal liability to the estate, or to any interested person, whether or not the distribution was proper or supported by court order and whether or not the authority of the personal representative was terminated prior to execution of the instrument or deed. This section protects a purchaser from or lender to a distributee who, as personal representative, has executed a deed of distribution to himself, as well as a purchaser from or lender to any other distributee or his transferee. To be protected under this provision, a purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind, even if the personal representative and the distributee are the same person, or whether the authority of the personal representative had terminated prior to the distribution. For purposes of this section, any recorded instrument evidencing a transfer to a purchaser from or lender to a distributee on which a state documentary fee is noted pursuant to section 39-13-103 , C.R.S., shall be prima facie evidence that such transfer was made for value.   History. Source: L. 73: R&RE, p. 1599, § 1. C.R.S. 1963: § 153-3-910. L. 75: Entire section R&RE, p. 599, § 37, effective July 1. History. Source: L. 73: R&RE, p. 1599, § 1. C.R.S. 1963: § 153-3-910. L. 75: Entire section R&RE, p. 599, § 37, effective July 1.
CO Code § 15-12-911 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 9 - Special Provisions Relating to Distribution|§ 15-12-911. Partition for Purpose of Distribution

 When two or more heirs or devisees are entitled to distribution of undivided interests in any real or personal property of the estate, the personal representative or one or more of the heirs or devisees may petition the court, prior to the formal or informal closing of the estate, to make partition. After notice to the interested heirs or devisees, the court shall partition the property in the same manner as provided by the law for civil actions of partition. The court may direct the personal representative to sell any property which cannot be partitioned without prejudice to the owners and which cannot conveniently be allotted to any one party.   History. Source: L. 73: R&RE, p. 1600, § 1. C.R.S. 1963: § 153-3-911. History. Source: L. 73: R&RE, p. 1600, § 1. C.R.S. 1963: § 153-3-911.
CO Code § 15-12-912 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 9 - Special Provisions Relating to Distribution|§ 15-12-912. Private Agreements Among Successors to Decedent Binding on Personal Representative

 Subject to the rights of creditors, competent successors may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the will of the decedent or under the laws of intestacy in any way that they provide in a written agreement, whether or not supported by a consideration, executed by all who are affected by its provisions. The personal representative shall abide by the terms of the agreement subject to his or her obligation to administer the estate for the benefit of creditors, to pay all taxes and costs of administration, and to carry out the responsibilities of his or her office for the benefit of any successors of the decedent who are not parties. Personal representatives of decedents' estates are not required to see to the performance of trusts if the trustee thereof is another person who is willing to accept the trust. Accordingly, trustees of a testamentary trust are successors for the purposes of this section. Nothing in this section relieves trustees of any duties owed to beneficiaries of trusts.   History. Source: L. 75: Entire section added, p. 599, § 38, effective July 1. L. 99: Entire section amended, p. 467, § 5, effective July 1.    ANNOTATION   Law reviews. For article, “Avoiding Litigation in Probate Estates”, see 18 Colo. Law. 875 (1989). For article, “JDF 999 Collection of Personal Property by Affidavit Pursuant to CRS §§ 15-12-1201 and -1202”, see 42 Colo. Law. 49 (June 2013).   When attempting to carry out private agreement among successors, the personal representative must act for the benefit of all successors including those who are not parties. When a stipulated order for property distribution involves competing parties and interests, all parties must be given an opportunity to participate in the proceedings to determine the ownership interests. In re Estate of Masden, 24 P.3d 634 (Colo. App. 2001).   Where the will clearly limits participation in the estate to devisees and unambiguously excludes other family members from participation, the omitted heirs have no interest in the estate, are not affected by any agreement entered pursuant to this section, and are not entitled to any notice of such an agreement. In re Estate of Walter, 97 P.3d 188 (Colo. App. 2003).
CO Code § 15-12-913 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 9 - Special Provisions Relating to Distribution|§ 15-12-913. Distributions to Trustee

  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.    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.    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.     History. Source: L. 73: R&RE, p. 1600, § 1. C.R.S. 1963: § 153-3-913. L. 2018: (1) amended, (SB 18-180), ch. 169, p. 1194, § 13, effective January 1, 2019. History. Source: L. 73: R&RE, p. 1600, § 1. C.R.S. 1963: § 153-3-913. L. 2018: (1) amended, (SB 18-180), ch. 169, p. 1194, § 13, effective January 1, 2019.
CO Code § 15-12-915 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 9 - Special Provisions Relating to Distribution|§ 15-12-915. Distribution to Person Under Disability

  A personal representative or trustee may discharge his obligation to distribute to any person under legal disability:   By distributing to his conservator; or    By distributing to any person authorized by law to give a valid receipt and discharge for the distribution; or    The court may authorize distribution to a parent or relative of or a person having the custody and being responsible for the care of the person under disability for such person's use or benefit, subject to such terms and conditions as the court shall direct and approve; or    By distributing in any way authorized by the terms of the will or trust instrument or by the “Colorado Uniform Transfers to Minors Act”, article 50 of title 11, C.R.S.; but, in making any such distribution, the personal representative or trustee has a duty to act as a prudent man with due regard to the obligations of a fiduciary.        History. Source: L. 73: R&RE, p. 1601, § 1. C.R.S. 1963: § 153-3-915. L. 81: (1)(d) amended, p. 915, § 9, effective July 1. L. 84: (1)(d) amended, p. 394, § 7, effective July 1. History. Source: L. 73: R&RE, p. 1601, § 1. C.R.S. 1963: § 153-3-915. L. 81: (1)(d) amended, p. 915, § 9, effective July 1. L. 84: (1)(d) amended, p. 394, § 7, effective July 1.
CO Code § 15-12-1002 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 10 - Closing Estates|§ 15-12-1002. Formal Proceedings Terminating Testate Administration - Order Construing Will Without Adjudicating Testacy

 A personal representative administering an estate under an informally probated will or any devisee under an informally probated will may petition for an order of settlement of the estate which will not adjudicate the testacy status of the decedent. The personal representative may petition at any time, and a devisee may petition after one year, from the appointment of the original personal representative; except that no petition under this section may be entertained until the time for presenting claims which arose prior to the death of the decedent has expired. The petition may request the court to consider the final account or compel or approve an accounting and distribution, to construe the will and adjudicate final settlement and distribution of the estate. After notice to all devisees and the personal representative and hearing, the court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate under the will, and, as circumstances require, approving settlement and directing or approving distribution of the estate and discharging the personal representative from further claim or demand of any devisee who is a party to the proceeding and those he represents. If it appears that a part of the estate is intestate, the proceedings shall be dismissed or amendments made to meet the provisions of section 15-12-1001 .   History. Source: L. 73: R&RE, p. 1604, § 1. C.R.S. 1963: § 153-3-1002. History. Source: L. 73: R&RE, p. 1604, § 1. C.R.S. 1963: § 153-3-1002.
CO Code § 15-12-1003 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 10 - Closing Estates|§ 15-12-1003. Closing Estates - by Sworn Statement of Personal Representative

  Unless prohibited by order of the court and except for estates being administered in supervised administration proceedings, a personal representative may close an estate by filing with the court, no earlier than six months after the date of original appointment of a general personal representative for the estate or one year after the date of death, whichever occurs first, a verified statement stating that he or she, or a prior personal representative whom he or she has succeeded, has or have:   Fully administered the estate of the decedent by making payment, settlement, or other disposition of all lawful claims, expenses of administration and estate, inheritance and other death taxes, except as specified in the statement, and that the assets of the estate have been distributed to the persons entitled. If any claims remain undischarged, the statement shall state whether the personal representative has distributed the estate subject to possible liability with the agreement of the distributees or it shall state in detail other arrangements which have been made to accommodate outstanding liabilities; and    Sent a copy thereof to all distributees of the estate and to all creditors or other claimants of whom he is aware whose claims are neither paid nor barred and has furnished a full account in writing of his administration to the distributees whose interests are affected thereby.       If no proceedings involving the personal representative are pending in the court one year after the closing statement is filed, the appointment of the personal representative terminates.     History. Source: L. 73: R&RE, p. 1605, § 1. C.R.S. 1963: § 153-3-1003. L. 77: IP(1) amended, p. 834, § 19, effective July 1. L. 90: IP(1) and (1)(a) amended, p. 906, § 5, effective July 1. L. 94: IP(1) amended, p. 770, § 3, effective April 20. History. Source: L. 73: R&RE, p. 1605, § 1. C.R.S. 1963: § 153-3-1003. L. 77: IP(1) amended, p. 834, § 19, effective July 1. L. 90: IP(1) and (1)(a) amended, p. 906, § 5, effective July 1. L. 94: IP(1) amended, p. 770, § 3, effective April 20.    ANNOTATION   Personal representative had continuing authority to represent estates in pending legal malpractice action as personal representative after initial appointment terminated. Boatright v. Derr, 919 P.2d 221 (Colo. 1996).
CO Code § 15-12-1004 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 10 - Closing Estates|§ 15-12-1004. Liability of Distributees to Claimants

 After assets of an estate have been distributed and subject to section 15-12-1006 , an undischarged claim not barred may be prosecuted in a proceeding against one or more distributees. No distributee shall be liable to claimants for amounts received as exempt property or family allowances or for amounts in excess of the value of his other distributions as of the time of such distributions. As between distributees, each shall bear the cost of satisfaction of unbarred claims as if the claim had been satisfied in the course of administration. Any distributee who shall have failed to notify other distributees of the demand made upon him by the claimant in sufficient time to permit them to join in any proceeding in which the claim was asserted against him loses his right of contribution against other distributees.   History. Source: L. 73: R&RE, p. 1605, § 1. C.R.S. 1963: § 153-3-1004. L. 77: Entire section amended, p. 834, § 20, effective July 1. History. Source: L. 73: R&RE, p. 1605, § 1. C.R.S. 1963: § 153-3-1004. L. 77: Entire section amended, p. 834, § 20, effective July 1.    ANNOTATION   Applied in In re Estate of Daigle, 634 P.2d 71 (Colo. 1981).
CO Code § 15-12-1005 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 10 - Closing Estates|§ 15-12-1005. Limitations on Proceedings Against Personal Representative

 Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to assert the same is commenced within six months after the filing of the closing statement. The rights thus barred do not include rights to recover from a personal representative for fraud, misrepresentation, or inadequate disclosure related to the settlement of the decedent's estate.   History. Source: L. 73: R&RE, p. 1606, § 1. C.R.S. 1963: § 153-3-1005. History. Source: L. 73: R&RE, p. 1606, § 1. C.R.S. 1963: § 153-3-1005.    ANNOTATION   Court may revoke order 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).   Applied in In re Estate of Daigle, 634 P.2d 71 (Colo. 1981).