reglab/housing_qa huggingface dataset:
CO Code § 15-12-712 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 7 - Duties and Powers of Personal Representatives|§ 15-12-712. Improper Exercise of Power - Breach of Fiduciary Duty

 If the exercise of power concerning the estate is improper, the personal representative is subject to the provisions of section 15-10-504 and is liable to interested persons for damage or loss resulting from breach of his or her fiduciary duty to the same extent as a trustee of an express trust. The rights of purchasers and others dealing with a personal representative shall be determined as provided in sections 15-12-713 and 15-12-714 .   History. Source: L. 73: R&RE, p. 1589, § 1. C.R.S. 1963: § 153-3-712. L. 2008: Entire section amended, p. 483, § 6, effective July 1. History. Source: L. 73: R&RE, p. 1589, § 1. C.R.S. 1963: § 153-3-712. L. 2008: Entire section amended, p. 483, § 6, effective July 1.    ANNOTATION   Applied in Fry & Co. v. Dist. Court, 653 P.2d 1135 (Colo. 1982).
CO Code § 15-12-713 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 7 - Duties and Powers of Personal Representatives|§ 15-12-713. Sale, Encumbrance, or Transaction Involving Conflict of Interest - Voidable - Exceptions

  Any sale or encumbrance to the personal representative, his spouse, agent, or attorney, or any corporation or trust in which he has a beneficial interest, or any transaction which is affected by a conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one who has consented, unless:   The will or a contract entered into by the decedent expressly authorized the transaction; or    The transaction is approved by the court after notice to interested persons.    Repealed.       Any transaction previously declared by subsection (1) of this section to be void shall be deemed voidable unless a petition has been filed with the court to set aside any such transaction and a lis pendens has been recorded in the county where any affected real property is located, within sixty days after July 16, 1975.     History. Source: L. 73: R&RE, p. 1589, § 1. C.R.S. 1963: § 153-3-713. L. 75: IP(1) amended, (1)(c) repealed, and (2) added, pp. 596, 606, §§ 29, 62, effective July 1. History. Source: L. 73: R&RE, p. 1589, § 1. C.R.S. 1963: § 153-3-713. L. 75: IP(1) amended, (1)(c) repealed, and (2) added, pp. 596, 606, §§ 29, 62, effective July 1.
CO Code § 15-12-714 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 7 - Duties and Powers of Personal Representatives|§ 15-12-714. Persons Dealing With Personal Representative - Protection

  A person who in good faith either assists a personal representative or deals with him for value is protected as if the personal representative properly exercised his power. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives which are endorsed on letters as provided in section 15-12-504, no provision in any will or order of court purporting to limit the power of a personal representative is effective, except as to persons with actual knowledge thereof. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection here expressed is not by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.    For purposes of this section, any recorded instrument evidencing a transaction with a personal representative on which a state documentary fee is noted pursuant to section 39-13-103, C.R.S., shall be prima facie evidence that such transaction was made for value.     History. Source: L. 73: R&RE, p. 1590, § 1. C.R.S. 1963: § 153-3-714. L. 75: Entire section amended, p. 596, § 30, effective July 1. History. Source: L. 73: R&RE, p. 1590, § 1. C.R.S. 1963: § 153-3-714. L. 75: Entire section amended, p. 596, § 30, effective July 1.
CO Code § 15-12-715 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 7 - Duties and Powers of Personal Representatives|§ 15-12-715. Transactions Authorized for Personal Representatives - Exceptions

  Except as restricted or otherwise provided by the will or by an order in a formal proceeding and subject to the priorities stated in section 15-12-902, a personal representative, acting reasonably for the benefit of the interested persons, may properly:   Exercise any of the powers enumerated in the “Colorado Fiduciaries' Powers Act” at the time of such exercise; and    Satisfy written charitable pledges of the decedent irrespective of whether the pledges constituted binding obligations of the decedent or were properly presented as claims, if in the judgment of the personal representative the decedent would have wanted the pledges completed under the circumstances.        History. Source: L. 73: R&RE, p. 1590, § 1. C.R.S. 1963: § 153-3-715. History. Source: L. 73: R&RE, p. 1590, § 1. C.R.S. 1963: § 153-3-715.    Cross references:   For the “Colorado Fiduciaries' Powers Act”, see part 8 of article 1 of this title.   ANNOTATION   Applied in Fry & Co. v. Dist. Court, 653 P.2d 1135 (Colo. 1982).
CO Code § 15-12-716 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 7 - Duties and Powers of Personal Representatives|§ 15-12-716. Powers and Duties of Successor Personal Representative

 A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but he shall not exercise any power expressly made personal to the executor named in the will.   History. Source: L. 73: R&RE, p. 1590, § 1. C.R.S. 1963: § 153-3-716. History. Source: L. 73: R&RE, p. 1590, § 1. C.R.S. 1963: § 153-3-716.
CO Code § 15-12-717 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 7 - Duties and Powers of Personal Representatives|§ 15-12-717. Corepresentatives - When Joint Action Required

 If two or more persons are appointed corepresentatives and unless the will provides otherwise, the concurrence of all is required on all acts connected with the administration and distribution of the estate. This restriction does not apply when any corepresentative receives and receipts for property due the estate, when the concurrence of all cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate, or when a corepresentative has been delegated to act for the others. Persons dealing with a corepresentative, if actually unaware that another has been appointed to serve with him or if advised by the personal representative with whom they deal that he has authority to act alone for any of the reasons mentioned herein, are as fully protected as if the person with whom they dealt had been the sole personal representative.   History. Source: L. 73: R&RE, p. 1590, § 1. C.R.S. 1963: § 153-3-717. History. Source: L. 73: R&RE, p. 1590, § 1. C.R.S. 1963: § 153-3-717.    ANNOTATION   Law reviews. For article, “Representation of Multiple Estate Or Trust Fiduciaries: Practical and Ethical Issues”, see 34 Colo. Law. 65 (July 2005).
CO Code § 15-12-718 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 7 - Duties and Powers of Personal Representatives|§ 15-12-718. Powers of Surviving Personal Representative

 Unless the terms of the will otherwise provide, every power exercisable by personal corepresentatives may be exercised by the one or more remaining after the appointment of one or more is terminated, and if one of two or more nominated as personal corepresentatives is not appointed, those appointed may exercise all the powers incident to the office.   History. Source: L. 73: R&RE, p. 1591, § 1. C.R.S. 1963: § 153-3-718. History. Source: L. 73: R&RE, p. 1591, § 1. C.R.S. 1963: § 153-3-718.
CO Code § 15-12-723 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 7 - Duties and Powers of Personal Representatives|§ 15-12-723. Assets Concealed or Embezzled

 If any personal representative, heir, legatee, creditor, guardian, or conservator or other person interested in the estate of any deceased person or protected person complains to the court, in writing, that any person is suspected to have concealed, embezzled, carried away, or disposed of any money, goods, or chattels of the deceased or protected person, or that such person has in his possession or knowledge any deeds, conveyances, bonds, contracts, or other writings which contain evidence of or tend to disclose the right, title, interest, or claim of the decedent or protected person to any real or personal estate, or any claim or demand, or any last will and testament of the deceased, the said district or probate court may cite such suspected person to appear before it and may examine him on oath upon the matter of such complaint. If the person cited refuses to appear and submit to such examination or to answer such interrogatories as may be put to him touching the matter of such complaint, the court may, by warrant for that purpose, commit him to the county jail until he complies with the order of the court. All such interrogatories and answers may be in writing and signed by the party examined and filed in the district or probate court.   History. Source: L. 75: Entire section added, p. 597, § 31, effective July 1.    ANNOTATION   Law reviews. For article, “Proper Application of CRS § 15-12-723 for Recovery of Estate Assets”, see 32 Colo. Law. 59 (May 2003). For article, “Practical Solutions to Elder Financial Abuse and Fiduciary Theft”, see 41 Colo. Law. 61 (Dec. 2012).
CO Code § 15-12-802 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 8 - Creditors' Claims|§ 15-12-802. Statutes of Limitations

  Unless an estate is insolvent, or would thereby be rendered insolvent, the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barred by any statute of limitations at the time of the decedent's death shall be allowed or paid.    The running of any statute of limitations measured from some event other than death or the giving of notice to creditors for claims against a decedent is suspended during the four months following the decedent's death but resumes thereafter as to claims not barred pursuant to the provisions of this part 8.    For purposes of any statute of limitations other than those time periods specified in sections 15-12-801, 15-12-803, 15-12-804, and 15-12-806, the proper presentation of a claim under section 15-12-804 is equivalent to commencement of a proceeding on the claim.     History. Source: L. 73: R&RE, p. 1592, § 1. C.R.S. 1963: § 153-3-802. L. 75: Entire section amended, p. 598, § 33, effective July 1. L. 90: Entire section amended, p. 905, § 2, effective July 1. History. Source: L. 73: R&RE, p. 1592, § 1. C.R.S. 1963: § 153-3-802. L. 75: Entire section amended, p. 598, § 33, effective July 1. L. 90: Entire section amended, p. 905, § 2, effective July 1.    ANNOTATION   Law reviews. For article, “Practical Administrative Problems in Average-Sized Estates”, see 27 Dicta 285 (1950).   Annotator's note. Since § 15-12-802 is similar to repealed laws antecedent to CSA, C. 176, § 200, relevant cases construing those provisions have been included in the annotations to this section.   Where a claim was filed and later withdrawn, it was held that the claim was barred by the statute of limitations as not having been filed within four months after the cause of action accrued. The filing and withdrawal of the claim did not constitute the commencement of an action to prevent the statute of limitations from running. Morse v. Clark, 10 Colo. 216 , 14 P. 327 (1887).   The filing and docketing of a claim stops running of statute. Gordon-Tiger Mining & Reduction Co. v. Loomer, 50 Colo. 409 , 115 P. 717 (1911).   Claim may consist of new judgment based on an original judgment. Scholtz v. Hazard, 68 Colo. 343 , 191 P. 123 (1920).   “Creditor” refers to any person with a legally cognizable claim for money from an estate. Estate of Walter v. Corr. Healthcare Cos., 232 F. Supp. 3d 1157 (D. Colo. 2017 ).
CO Code § 15-12-809 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 8 - Creditors' Claims|§ 15-12-809. Secured Claims

  Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders his security; otherwise payment is upon the basis of one of the following:   If the creditor exhausts his security before receiving payment, (unless precluded by other law) upon the amount of the claim allowed less the fair value of the security; or    If the creditor does not have the right to exhaust his security or has not done so, upon the amount of the claim allowed less the value of the security determined by converting it into money according to the terms of the agreement pursuant to which the security was delivered to the creditor, or by the creditor and personal representative by agreement, arbitration, compromise, or litigation.       A claim for a decedent's proportionate share of liability for a secured debt, made by a third party who is jointly liable with the decedent to the secured creditor, based on the third party's right to contribution from the decedent, shall be reduced by the fair market value, as of the date of death, of the decedent's interest in the property securing the debt, if the property securing the debt is owned by the decedent and not subject to disposition by will or intestate succession at the time of death, and if the decedent's interest passed to the third party on decedent's death.     History. Source: L. 73: R&RE, p. 1595, § 1. C.R.S. 1963: § 153-3-809. L. 91: Entire section amended, p. 1449, § 11, effective July 1. History. Source: L. 73: R&RE, p. 1595, § 1. C.R.S. 1963: § 153-3-809. L. 91: Entire section amended, p. 1449, § 11, effective July 1.    ANNOTATION   Law reviews . For article, “Decedents' Creditors and Nonprobate Assets”, see 15 Colo. Law. 2190 (1986).
CO Code § 15-12-810 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 8 - Creditors' Claims|§ 15-12-810. Claims Not Due and Contingent or Unliquidated Claims

  If a claim which will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the estate, and if the claim has been allowed or established by a proceeding, it is paid in the same manner as presently due and absolute claims of the same class.    In other cases the personal representative or, on petition of the personal representative or the claimant in a special proceeding for the purpose, the court may provide for payment as follows:   If the claimant consents, he may be paid the present or agreed value of the claim, taking any uncertainty into account;    Arrangement for future payment, or possible payment, on the happening of the contingency or on liquidation may be made by creating a trust, giving a mortgage, obtaining a bond or security from a distributee, or otherwise.        History. Source: L. 73: R&RE, p. 1595, § 1. C.R.S. 1963: § 153-3-810. History. Source: L. 73: R&RE, p. 1595, § 1. C.R.S. 1963: § 153-3-810.
CO Code § 15-12-811 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 8 - Creditors' Claims|§ 15-12-811. Counterclaims

 In allowing a claim the personal representative may deduct any counterclaim which the estate has against the claimant. In determining a claim against an estate a court shall reduce the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the claim, render a judgment against the claimant in the amount of the excess. A counterclaim, liquidated or unliquidated, may arise from a transaction other than that upon which the claim is based. A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim.   History. Source: L. 73: R&RE, p. 1596, § 1. C.R.S. 1963: § 153-3-811. History. Source: L. 73: R&RE, p. 1596, § 1. C.R.S. 1963: § 153-3-811.
CO Code § 15-12-812 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 8 - Creditors' Claims|§ 15-12-812. Execution and Levies Prohibited

 No execution may issue upon nor may any levy be made against any property of the estate under any judgment against a decedent or a personal representative, but this section shall not be construed to prevent the enforcement of mortgages, pledges, or liens upon real or personal property in an appropriate proceeding.   History. Source: L. 73: R&RE, p. 1596, § 1. C.R.S. 1963: § 153-3-812. History. Source: L. 73: R&RE, p. 1596, § 1. C.R.S. 1963: § 153-3-812.    ANNOTATION   Law reviews. For article, “Creditors' Rights in Probate Part I”, see 44 Colo. Law. 55 (May 2015).   A judgment creditor of a deceased person has no right or power to attach property after death by an execution lien. Great W. Exch., Inc. v. Walters, 819 P.2d 1093 (Colo. App. 1991).
CO Code § 15-12-813 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 8 - Creditors' Claims|§ 15-12-813. Compromise of Claims

 When a claim against the estate has been presented in any manner, the personal representative may, if it appears to be in the best interest of the estate, compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated.   History. Source: L. 73: R&RE, p. 1596, § 1. C.R.S. 1963: § 153-3-813. History. Source: L. 73: R&RE, p. 1596, § 1. C.R.S. 1963: § 153-3-813.    ANNOTATION   Law reviews. For article, “Child Support Obligations After Death of the Supporting Parent”, see 16 Colo. Law. 790 (1987).
CO Code § 15-12-814 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 8 - Creditors' Claims|§ 15-12-814. Encumbered Assets

 If any assets of the estate are encumbered by mortgage, pledge, lien, or other security interest, the personal representative may pay the encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance, or convey or transfer the assets to the creditor in satisfaction of his lien, in whole or in part, whether or not the holder of the encumbrance has presented a claim, if it appears to be in the best interest of the estate. Payment of an encumbrance does not increase the share of the distributee entitled to the encumbered assets unless the distributee is entitled to exoneration.   History. Source: L. 73: R&RE, p. 1596, § 1. C.R.S. 1963: § 153-3-814. L. 75: Entire section amended, p. 599, § 36, effective July 1. History. Source: L. 73: R&RE, p. 1596, § 1. C.R.S. 1963: § 153-3-814. L. 75: Entire section amended, p. 599, § 36, effective July 1.
CO Code § 15-12-815 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 8 - Creditors' Claims|§ 15-12-815. Administration in More Than One State - Duty of Personal Representative

  All assets of estates being administered in this state are subject to all claims, allowances, and charges existing or established against the personal representative wherever appointed.    If the estate either in this state or as a whole is insufficient to cover all family exemptions and allowances determined by the law of the decedent's domicile, prior charges, and claims, after satisfaction of the exemptions, allowances, and charges, each claimant whose claim has been allowed either in this state or elsewhere in administrations of which the personal representative is aware is entitled to receive payment of an equal proportion of his claim. If a preference or security in regard to a claim is allowed in another jurisdiction but not in this state, the creditor so benefited is to receive dividends from local assets only upon the balance of his claim after deducting the amount of the benefit.    In case the exempt property and family allowances, prior charges, and claims of the entire estate exceed the total value of the portions of the estate being administered separately and this state is not the state of the decedent's last domicile, the claims allowed in this state shall be paid their proportion if local assets are adequate for the purpose, and the balance of local assets shall be transferred to the domiciliary personal representative. If local assets are not sufficient to pay all claims allowed in this state the amount to which they are entitled, local assets shall be marshalled so that each claim allowed in this state is paid its proportion as far as possible, after taking into account all dividends on claims allowed in this state from assets in other jurisdictions.     History. Source: L. 73: R&RE, p. 1596, § 1. C.R.S. 1963: § 153-3-815. History. Source: L. 73: R&RE, p. 1596, § 1. C.R.S. 1963: § 153-3-815.
CO Code § 15-12-816 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 12 - Probate of Wills and Administration|Part 8 - Creditors' Claims|§ 15-12-816. Final Distribution to Domiciliary Representative

  The estate of a nonresident decedent being administered by a personal representative appointed in this state shall, if there is a personal representative of the decedent's domicile willing to receive it, be distributed to the domiciliary personal representative for the benefit of the successors of the decedent unless:   By virtue of the decedent's will, if any, and applicable choice of law rules, the successors are identified pursuant to the local law of this state without reference to the local law of the decedent's domicile;    The personal representative of this state, after reasonable inquiry, is unaware of the existence or identity of a domiciliary personal representative; or    The court orders otherwise in a proceeding for a closing order under section 15-12-1001 or incident to the closing of a supervised administration.       In other cases distribution of the estate of a decedent shall be made in accordance with the applicable provisions of this article.     History. Source: L. 73: R&RE, p. 1597, § 1. C.R.S. 1963: § 153-3-816. History. Source: L. 73: R&RE, p. 1597, § 1. C.R.S. 1963: § 153-3-816.