reglab/housing_qa huggingface dataset:
CO Code § 15-12-1006 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 10 - Closing Estates|§ 15-12-1006. Limitations on Actions and Proceedings Against Distributees

  Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of any claimant to recover from a distributee who is liable to pay the claim, and the right of any heir or devisee or of a successor personal representative acting in their behalf, to recover property improperly distributed or the value thereof from any distributee is forever barred as follows:   A claim by a creditor of the decedent is forever barred at one year after the decedent's death.    Any other claimant or any heir or devisee is forever barred at the later of the following:   Three years after the decedent's death; or    One year after the time of distribution thereof.          This section does not bar an action to recover property or value received as the result of fraud.     History. Source: L. 73: R&RE, p. 1606, § 1. C.R.S. 1963: § 153-3-1006. L. 90: Entire section amended, p. 907, § 6, effective July 1. History. Source: L. 73: R&RE, p. 1606, § 1. C.R.S. 1963: § 153-3-1006. L. 90: Entire section amended, p. 907, § 6, effective July 1.    ANNOTATION   This statute (formerly § 15-12-803 ) is a nonclaim statute and not a statute of limitations and therefore creates a jurisdictional bar to a claim that is untimely filed. In re Estate of Daigle, 634 P.2d 71 (Colo. 1981); In re Estate of Shuler, 981 P.2d 1109 (Colo. App. 1999).   A claim not raised in a testacy proceeding or in a proceeding settling the accounts of a personal representative is not immediately barred by the nonclaim statute. In re Estate of Shuler, 981 P.2d 1109 (Colo. App. 1999).   Where brokerage account was owned by decedent and husband as joint tenants and passed by operation of law upon decedent's death to husband, husband's claim to brokerage account did not arise during decedent's lifetime but at or after her death and therefore husband is not a creditor of the decedent and his claim is not subject to the one-year bar in § 15-12-1006 (1)(a) . In re Estate of Shuler, 981 P.2d 1109 (Colo. App. 1999).
CO Code § 15-12-1007 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 10 - Closing Estates|§ 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.   History. Source: L. 73: R&RE, p. 1606, § 1. C.R.S. 1963: § 153-3-1007. History. Source: L. 73: R&RE, p. 1606, § 1. C.R.S. 1963: § 153-3-1007.
CO Code § 15-12-1008 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 10 - Closing Estates|§ 15-12-1008. Subsequent Administration

 If, after an estate has been settled and the personal representative discharged or after one year after a closing statement has been filed, it is determined that the estate has not been fully administered or fully distributed by reason of subsequently discovered property or for any other reason, the court, upon petition of any interested person, and upon notice as it directs, may appoint the same or a successor personal representative to complete the administration or distribution of the estate. If a new appointment is made, unless the court orders otherwise, the provisions of this code apply as appropriate; but no claim previously barred may be asserted in the subsequent administration.   History. Source: L. 73: R&RE, p. 1606, § 1. C.R.S. 1963: § 153-3-1008. L. 79: Entire section amended, p. 651, § 13, effective July 1. History. Source: L. 73: R&RE, p. 1606, § 1. C.R.S. 1963: § 153-3-1008. L. 79: Entire section amended, p. 651, § 13, effective July 1.    ANNOTATION   Trial court sitting in probate may reopen an estate in furtherance of justice. In re Estate of Hamilton v. Egan, 633 P.2d 1100 (Colo. App. 1981).   Probate court had authority under this statute to expand personal representative's authority and scope of administration as necessary during the course of the proceedings. In re Estate of Shuler, 981 P.2d 1109 (Colo. App. 1999).
CO Code § 15-12-1009 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 10 - Closing Estates|§ 15-12-1009. Estates Not Closed After Three Years or More

  When records of the court indicate no action has been taken in an estate for a period of three years or more, the court may, on its own motion, and after notice to the attorney of record, if available, or if there is no attorney of record, then to the personal representative, enter an order closing the estate without further accounting. Such closure may likewise be ordered upon the motion of any interested person, as defined in section 15-10-201 (27), or upon motion of the attorney of record. Any order in such case shall provide for the closing of the estate without further accounting, and such order shall not discharge the personal representative or any other person from any liability to the estate, the court, or any other person; except that sureties upon any bond posted in such proceedings shall be released as to any claim arising after closure of the estate under such circumstances.    Unless the court has reason to believe the personal representative's conduct in the administration of the estate has been improper, closure of the estate as provided in this section shall be without further accounting, report, or hearing.    Upon motion of any interested person, an estate closed pursuant to this section shall be reopened by the court.    This section shall be applicable to all decedents' estates, whether instituted before or after the effective date of this code.     History. Source: L. 73: R&RE, p. 1606, § 1. C.R.S. 1963: § 153-3-1009. L. 79: Entire section R&RE, p. 659, § 1, effective February 22; entire section R&RE, p. 657, § 2, effective May 25. L. 87: (1) amended, p. 602, § 3, effective July 1. L. 94: (1) amended, p. 1038, § 13, effective July 1, 1995. History. Source: L. 73: R&RE, p. 1606, § 1. C.R.S. 1963: § 153-3-1009. L. 79: Entire section R&RE, p. 659, § 1, effective February 22; entire section R&RE, p. 657, § 2, effective May 25. L. 87: (1) amended, p. 602, § 3, effective July 1. L. 94: (1) amended, p. 1038, § 13, effective July 1, 1995.    Cross references:   For effective date of this code, see § 15-17-101 .   ANNOTATION   Claim against surety “arising after” closure, within the meaning of subsection (1), is a claim based on facts which occurred after order of closure was issued. The surety is not released from a claim based on facts occurring before order of closure merely because the claim was not filed before issuance of order. In re Estate of DeAndrea, 847 P.2d 249 (Colo. App. 1993).
CO Code § 15-12-1101 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 11 - Compromise of Controversies|§ 15-12-1101. Effect of Approval of Agreements Involving Trusts, Inalienable Interests, or Interests of Third Persons

 A compromise of any controversy as to admission to probate of any instrument offered for formal probate as the will of a decedent, the construction, validity, or effect of any probated will, the rights or interests in the estate of the decedent, of any successor, or the administration of the estate, if approved in a formal proceeding in the court for that purpose, is binding on all the parties thereto including those unborn, unascertained, or who could not be located. An approved compromise is binding even though it may affect a trust or an inalienable interest. A compromise does not impair the rights of creditors or of taxing authorities who are not parties to it.   History. Source: L. 73: R&RE, p. 1607, § 1. C.R.S. 1963: § 153-3-1101. History. Source: L. 73: R&RE, p. 1607, § 1. C.R.S. 1963: § 153-3-1101.    ANNOTATION   Law reviews. For article, “Avoiding Litigation in Probate Estates”, see 18 Colo. Law. 875 (1989). For article, “Court-Approved Trust Modifications--Binding Effect on IRS and Tax Consequences”, see 41 Colo. Law. 55 (June 2012). For article, “Dealing With a Decedent's Mineral Interests”, see 44 Colo. Law. 53 (Feb. 2015).   Execution of agreement settling will contest under this section was binding on all parties where all parties agreed to compromise of controversy and agreement was approved in formal proceeding. Matter of Estate of Barnard, 867 P.2d 47 (Colo. App. 1993).   Court may properly approve a settlement agreement even over the objection of one of the petitioner beneficiaries, provided the court's determination is fair, reasonable, and in the parties' best interests. The principle is similar to that behind a shareholder derivative suit, where the plaintiffs are acting as representatives of the corporation and the court is charged with protecting the interests of the corporation as a whole. Saunders v. Muratori, 251 P.3d 550 (Colo. App. 2010).
CO Code § 15-12-1102 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 11 - Compromise of Controversies|§ 15-12-1102. Procedure for Securing Court Approval of Compromise

  The procedure for securing court approval of a compromise is as follows:   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.    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.    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.        History. Source: L. 73: R&RE, p. 1607, § 1. C.R.S. 1963: § 153-3-1102. History. Source: L. 73: R&RE, p. 1607, § 1. C.R.S. 1963: § 153-3-1102.    ANNOTATION   Law reviews. For article, “Avoiding Litigation in Probate Estates”, see 18 Colo. Law. 875 (1989).   Court may properly approve a settlement agreement even over the objection of one of the petitioner beneficiaries, provided the court's determination is fair, reasonable, and in the parties' best interests. The principle is similar to that behind a shareholder derivative suit, where the plaintiffs are acting as representatives of the corporation and the court is charged with protecting the interests of the corporation as a whole. Saunders v. Muratori, 251 P.3d 550 (Colo. App. 2010).   Applied in Cavanaugh v. State, Dept. of Rev. Inheritance & Gift Tax Div., 42 Colo. App. 453, 599 P.2d 965 (1979).
CO Code § 15-12-1202 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 12 - Collection of Personal Property by Affidavit and Summary Administration Procedure for Small Estates|§ 15-12-1202. Effect of Affidavit

  The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if he or she dealt with a personal representative of the decedent. He or she is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit.    If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of the right of persons entitled thereto in a proceeding brought for the purpose by or on behalf of such persons.    If a proof of right has been established in a proceeding under subsection (2) of this section, any person to whom an affidavit was delivered and who refused, without reasonable cause, to pay, deliver, transfer, or issue any personal property or evidence thereof belonging to the decedent, as provided in section 15-12-1201, shall be liable for all costs, including reasonable attorney fees and costs, incurred by or on behalf of the persons entitled thereto. The person to whom an affidavit was delivered bears the burden of proving reasonable cause by a preponderance of the evidence.    Any person to whom payment, delivery, transfer, or issuance is made is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right.     History. Source: L. 73: R&RE, p. 1608, § 1. C.R.S. 1963: § 153-3-1202. L. 2014: Entire section amended,(HB 14-1322), ch. 296, p. 1235, § 7, effective August 6. History. Source: L. 73: R&RE, p. 1608, § 1. C.R.S. 1963: § 153-3-1202. L. 2014: Entire section amended,(HB 14-1322), ch. 296, p. 1235, § 7, effective August 6.    ANNOTATION   Law reviews. 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). For article, “The Affidavit for Small Estates: How, When, and Why to Use It”, see 46 Colo. Law. 43 (June 2017).
CO Code § 15-12-1203 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 12 - Collection of Personal Property by Affidavit and Summary Administration Procedure for Small Estates|§ 15-12-1203. Small Estates - Summary Administrative Procedure

 If it appears from the inventory and appraisal that the value of the entire estate, less liens and encumbrances, does not exceed the value of personal property held by or in the possession of the decedent as fiduciary or trustee, exempt property allowance, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, the personal representative, without giving notice to creditors, may immediately disburse and distribute the estate to the persons entitled thereto and file a closing statement as provided in section 15-12-1204 .   History. Source: L. 73: R&RE, p. 1608, § 1. C.R.S. 1963: § 153-3-1203. L. 75: Entire section amended, p. 600, § 41, effective July 1. History. Source: L. 73: R&RE, p. 1608, § 1. C.R.S. 1963: § 153-3-1203. L. 75: Entire section amended, p. 600, § 41, effective July 1.
CO Code § 15-12-1204 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 12 - Collection of Personal Property by Affidavit and Summary Administration Procedure for Small Estates|§ 15-12-1204. Small Estates - Closing by Sworn Statement of Personal Representative

  Unless prohibited by order of the court, and except for estates being administered by supervised personal representatives, a personal representative may close an estate administered under the summary procedures of section 15-12-1203 by filing with the court, at any time after disbursement and distribution of the estate, a verified statement stating that:   To the best knowledge of the personal representative, the value of the entire estate, less liens and encumbrances, did not exceed the value of personal property held by or in the possession of the decedent as fiduciary or trustee, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent;    The personal representative has fully administered the estate by disbursing and distributing it to the persons entitled thereto; and    The personal representative has sent a copy of the closing statement 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.       If no actions or 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.    A closing statement filed under this section has the same effect as one filed under section 15-12-1003.     History. Source: L. 73: R&RE, p. 1608, § 1. C.R.S. 1963: § 153-3-1204. L. 75: (1)(a) amended, p. 600, § 42, effective July 1. History. Source: L. 73: R&RE, p. 1608, § 1. C.R.S. 1963: § 153-3-1204. L. 75: (1)(a) amended, p. 600, § 42, effective July 1.    Cross references:   For remedies for fraud or intentional misstatements, see § 15-10-106 .
CO Code § 15-12-1205 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 12 - Collection of Personal Property by Affidavit and Summary Administration Procedure for Small Estates|§ 15-12-1205. Time of Taking Effect - Provisions for Transition

 The provisions of sections 15-12-1201 and 15-12-1202 became effective on July 1, 1974, regardless of the date of the death of the decedent.   History. Source: L. 75: Entire section added, p. 601, § 43, effective July 1.    Editor's note:   This section does not apply to the amendments made to § 15-12-1201 after July 1, 1974.
CO Code § 15-12-1301 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 13 - Determination of Heirs, Devisees, and Property Interests by Special Proceeding|§ 15-12-1301. Definitions

 As used in this part 13, unless the context otherwise requires:    “Interested person” means an owner by descent or succession, an alleged heir or devisee of a decedent, any other person claiming an ownership interest derived from an owner by descent or succession, or an alleged heir or devisee in any property the descent or succession of which is to be determined pursuant to this part 13, but excluding any person holding a nonownership interest in such property.    “Owner by descent or succession” means a person in whom all or any part of the decedent's interest in the property vests as a result of intestate or testate succession.    “Property” means the property interest owned by the decedent at the time of death without regard to other property interests which may be owned by other persons in the same parcel of real property or item of personal property.     History. Source: L. 93: Entire part R&RE, p. 1241, § 1, effective July 1. L. 2016: (1) and (2) amended,(SB 16-133), ch. 145, p. 429, § 2, effective August 10.    ANNOTATION   Law reviews. For article, “A Potpourri of Probate Practice Aids”, see 11 Colo. Law. 1850 (1982). For article, “Determination of Heirship by Special Proceedings and Temporary Conservatorship”, see 14 Colo. Law. 1781 (1985).
CO Code § 15-12-1304 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 13 - Determination of Heirs, Devisees, and Property Interests by Special Proceeding|§ 15-12-1304. Appearance - Hearing

 Any interested person or person who may be affected by the ownership of the decedent's interest in the property, the descent or succession of which is to be determined in the petition, may appear and object and establish any proper defense to the petition or any part thereof, or assert or protect any interest the person may claim. An appearance and objection must be presented in writing within the time period for filing an objection as set forth in the notice; except that, for good cause, the court may allow an entry of appearance and objection by an interested person or person who may be affected by the ownership of the property at any time prior to the entry of the court's judgment and decree. If an interested person or person who may be affected by the ownership of the property appears and files a timely objection, the court shall proceed with the hearing on the petition; except that the court may continue the hearing in its discretion or direct such further proceeding as the court may determine. Otherwise, if after proper service pursuant to section 15-12-1303 there are no objections filed to the petition, then the court may enter a judgment and decree pursuant to this part 13 without a hearing.   History. Source: L. 93: Entire part R&RE, p. 1243, § 1, effective July 1. L. 2016: Entire section amended,(SB 16-133), ch. 145, p. 434, § 5, effective August 10.    Editor's note:   This section is similar to former § 15-12-1302 as it existed prior to 1993.
CO Code § 15-12-1305 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 13 - Determination of Heirs, Devisees, and Property Interests by Special Proceeding|§ 15-12-1305. Judgment

 The court shall determine the standing of the petitioner to bring the action; the heirs and devisees of the decedent; the owners by descent or succession of the property; a description of the property, including a legal description if the property is real property; and any other pertinent facts, and shall enter judgment on the petition.   History. Source: L. 93: Entire part R&RE, p. 1244, § 1, effective July 1. L. 2016: Entire section amended, (SB 16-133), ch. 145, p. 435, § 6, effective August 10.