reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO UNIFORM TRUST CODE (§§ 15-5-101 — 15-5-1404) › Article 5 - COLORADO UNIFORM TRUST CODE (§§ 15-5-101 — 15-5-1404) › Part 14 - MISCELLANEOUS PROVISIONS (§§ 15-5-1401 — 15-5-1404) › Section 15-5-1404 - Application to existing relationships

(1)
Except as otherwise provided in this article 5, including section
15-5-508
, on January 1, 2019:
(a)
This article 5 applies to all trusts created before, on, or after January 1, 2019;
(b)
This article 5 applies to all judicial proceedings concerning trusts commenced on or after January 1, 2019;
(c)
This article 5 applies to judicial proceedings concerning trusts commenced before January 1, 2019, unless the court finds that application of a particular provision of this article 5 would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this article 5 does not apply and the superseded law applies;
(d)
Any rule of construction or presumption provided in this article 5 applies to trust instruments executed before January 1, 2019, unless there is a clear indication of a contrary intent in the terms of the trust; and
(e)
An act done before January 1, 2019, is not affected by this article 5.
(2)
If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run pursuant to any other statute before January 1, 2019, then the period prescribed by that statute as it existed prior to January 1, 2019, continues to apply to the right, even if the statute has been repealed or suspended.
Amended by 2021 Ch. 170, § 4, eff. 9/7/2021.
Added by 2018 Ch. 169, § 1, eff. 1/1/2019.
2021 Ch. 170, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 1 - SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS (§§ 15-10-101 — 15-10-112) › Section 15-10-101 - Short title

Articles
10
to
17
of this title shall be known and may be cited as the "Colorado Probate Code" and is referred to in said articles as "this code" or "code".
L. 73: R&RE, p. 1538, § 1. C.R.S. 1963: § 153-1-101.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 1 - SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS (§§ 15-10-101 — 15-10-112) › Section 15-10-102 - Purposes - rule of construction

(1)
This code shall be liberally construed and applied to promote its underlying purposes and policies.
(2)
The underlying purposes and policies of this code are:
(a)
To simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors, and incapacitated persons;
(b)
To discover and make effective the intent of a decedent in distribution of his property;
(c)
To promote a speedy and efficient system for settling the estate of the decedent and making distribution to his successors;
(d)
To facilitate use and enforcement of certain trusts;
(d.1)
To promote a speedy and efficient system for managing and protecting the estates of protected persons so that assets may be preserved for application to the needs of protected persons and their dependents;
(d.2)
To provide a system of general and limited guardianships for minors and incapacitated persons and to coordinate guardianships and protective proceedings concerned with management and protection of the estates of incapacitated persons;
(e)
To make uniform the law among the various jurisdictions.
(3)
Under this code, the rights of partners in a civil union created pursuant to the "Colorado Civil Union Act", article
15
of title
14
, C.R.S., are the same rights as those extended to spouses who are married pursuant to the provisions of the "Uniform Marriage Act", part 1 of article
2
of title
14
, C.R.S.
Amended by 2013 Ch. 49,§ 17, eff. 5/1/2013.
L. 73: R&RE, p. 1538, § 1. C.R.S. 1963: § 153-1-102. L. 88: (2)(d.1) and (2)(d.2) added, p. 649, § 1, effective July 1. L. 2013: (3) added, (SB 13-011), ch. 49, p. 164, § 17, effective May 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 1 - SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS (§§ 15-10-101 — 15-10-112) › Section 15-10-103 - Supplementary general principles of law applicable

Unless displaced by the particular provisions of this code, the principles of law and equity supplement its provisions.
L. 73: R&RE, p. 1539, § 1. C.R.S. 1963: § 153-1-103.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 1 - SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS (§§ 15-10-101 — 15-10-112) › Section 15-10-104 - Severability

If any provision of this code or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisions of this code are declared to be severable.
L. 73: R&RE, p. 1539, § 1. C.R.S. 1963: § 153-1-104.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 1 - SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS (§§ 15-10-101 — 15-10-112) › Section 15-10-105 - Construction against implied repeal

This code is a general act intended as a unified coverage of its subject matter, and no part of it shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided.
L. 73: R&RE, p. 1539, § 1. C.R.S. 1963: § 153-1-105.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 1 - SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS (§§ 15-10-101 — 15-10-112) › Section 15-10-106 - Effect of fraud and evasion

Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this code or if fraud is used to avoid or circumvent the provisions or purposes of this code, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person (other than a bona fide purchaser) benefitting from the fraud, whether innocent or not. Any proceeding must be commenced within five years after the discovery of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affects the succession of his estate.
L. 73: R&RE, p. 1539, § 1. C.R.S. 1963: § 153-1-106.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 1 - SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS (§§ 15-10-101 — 15-10-112) › Section 15-10-107 - Evidence of death or status

(1)
In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a court determination of death and status apply:
(a)
Death occurs when an individual is determined dead under section
12-240-140
.
(b)
An authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie evidence of the fact, place, date, and time of death and the identity of the decedent.
(c)
An authenticated copy of any record or report of a governmental agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report.
(d)
In the absence of prima facie evidence of death under paragraph (b) or (c) of this subsection (1), the fact of death shall be established by clear and convincing evidence, including circumstantial evidence.
(e)
An individual whose death is not established under paragraphs (a) to (d) of this subsection (1) or under section
15-10-106.5
who is absent for a continuous period of five years, during which he or she has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. His or her death is presumed to have occurred at the end of the period unless there is sufficient evidence, including, without limitation, a determination under section
15-10-106.5
that death occurred earlier.
(f)
In the absence of evidence disputing the time of death stated on a document described in paragraph (b) or (c) of this subsection (1), a document described in paragraph (b) or (c) of this subsection (1) that states a time of death one hundred twenty hours or more after the time of death of another individual, however the time of death of the other individual is determined, establishes by clear and convincing evidence that the individual survived the other individual by one hundred twenty hours.
(2)
In the event that the fact of death of an absentee is entered in any action brought before a finding of death is entered in a formal testacy proceeding under this code, the finding relating to death of the absentee in such action shall not be determinative of any finding to be made in any proceeding under this code.
Amended by 2019 Ch. 136, § 79, eff. 10/1/2019.
L. 73: R&RE, p. 1539, § 1. C.R.S. 1963: § 153-1-107. L. 94: Entire section R&RE, p. 969, § 1, effective 7/1/1995. L. 2004: IP(1) and (1)(e) amended, p. 626, § 2, effective August 4. L. 2019: (1)(a) amended, (HB 19-1172), ch. 1670, p. 1670, § 79, effective October 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 1 - SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS (§§ 15-10-101 — 15-10-112) › Section 15-10-108 - Acts by holder of general power

For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond, to register a trust, or to perform other duties, and for purposes of consenting to modification or termination of a trust or to deviation from its terms, the sole holder or all coholders of a presently exercisable general power of appointment, including one in the form of a power of amendment or revocation, are deemed to act for beneficiaries to the extent that their interests (as objects, takers in default, or otherwise) are subject to the power.
L. 73: R&RE, p. 1540, § 1. C.R.S. 1963: § 153-1-108.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 1 - SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS (§§ 15-10-101 — 15-10-112) › Section 15-10-109 - Remarriage of absentee's spouse

(1)
At any time after a finding of death of an absentee in a formal testacy proceeding under this code, the spouse of an absentee may remarry, and:
(a)
Such subsequent marriage shall not constitute the offense of bigamy or any other criminal offense under the laws of this state, even though the absentee shall later be determined to be alive; and
(b)
Upon such subsequent marriage, the marriage between the absentee and his said spouse shall be deemed to have been dissolved as of the date of the absentee's death as determined in accordance with section
15-10-107
.
L. 73: R&RE, p. 1540, § 1. C.R.S. 1963: § 153-1-109.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 1 - SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS (§§ 15-10-101 — 15-10-112) › Section 15-10-110 - Insurance and other contracts - surrender value - effect of contract provisions - suit on claim of death

(1)
A finding of death in a formal testacy proceeding under this code shall be fully effective as to rights under insurance, annuity, and endowment contracts dependent upon the life of an absentee, and the receipts of beneficiaries for payments made under any such contracts shall be a release to the contract issuer of all claims under such contracts.
(2)
If, in any proceeding under this code, the absentee is not found to be deceased and any policy of insurance or any annuity or endowment contract owned by the absentee provides for a surrender value, the conservator, acting for the insured, with court approval and a finding of necessity, may demand the payment of surrender value to the estate of the absentee. The receipt of the conservator for such payment shall be a release to the contract issuer of all claims under the contract.
(3)
Notwithstanding the provisions in any annuity or endowment contract or policy of life or accident insurance or in the charter or bylaws of any mutual or fraternal insurance association hereafter executed or adopted, the provisions of this section shall govern the effect to be given to evidence of absence or of death.
(4)
When any annuity or endowment contract, any policy of life or accident insurance, or the charter or bylaws of any mutual or fraternal insurance association hereafter executed or adopted contains a provision requiring a beneficiary to bring suit upon a claim of death within a stated period after the death of the insured and the fact of the absence of the insured is relied upon by the beneficiary as evidence of the death, the action may be begun, notwithstanding such provision in the contract, policy, charter, or bylaws, at any time within the statutory period of limitation for actions on contracts in writing dating from the date of death of the absentee, as determined in a formal testacy proceeding under this code.
L. 73: R&RE, p. 1540, § 1. C.R.S. 1963: § 153-1-110.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 3 - SCOPE, JURISDICTION, AND COURTS (§§ 15-10-301 — 15-10-310) › Section 15-10-301 - Territorial application

(1)
Except as otherwise provided in this code, this code applies to:
(a)
The affairs and estates of decedents, missing persons, and persons to be protected, domiciled in this state;
(b)
The property of nonresidents located in this state or property coming into the control of a fiduciary who is subject to the laws of this state;
(c)
Incapacitated persons and minors in this state;
(d)
Survivorship and related accounts in this state;
(e)
Trusts subject to administration in this state, to the extent such application is not inconsistent with the "Colorado Uniform Trust Code", article
5
of this title 15; and
(f)
Declaration instruments created pursuant to article
19
of this title.
Amended by 2018 Ch. 169, § 8, eff. 1/1/2019.
L. 73: R&RE, p. 1545, § 1. C.R.S. 1963: § 153-1-301. L. 2003: (1)(f) added, p. 1355, § 2, effective August 6. L. 2018: (1)(e) amended, (SB 18-180), ch. 169, p. 1193, § 8, effective 1/1/2019.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 3 - SCOPE, JURISDICTION, AND COURTS (§§ 15-10-301 — 15-10-310) › Section 15-10-302 - Subject matter jurisdiction

(1)
The court has jurisdiction over all subject matter vested by article VI of the state constitution and by articles
1
to
10
of title
13
, C.R.S.
(2)
The court has full power to make orders, judgments, and decrees and take all other action necessary and proper to administer justice in the matters which come before it.
L. 73: R&RE, p. 1545, § 1. C.R.S. 1963: § 153-1-302.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 3 - SCOPE, JURISDICTION, AND COURTS (§§ 15-10-301 — 15-10-310) › Section 15-10-303 - Venue - multiple proceedings - transfer

(1)
Where a proceeding under this code could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed.
(2)
If proceedings concerning the same estate, protected person, ward, or trust are commenced in more than one court of this state, the court in which the proceeding was first commenced shall continue to hear the matter, and the other courts shall hold the matter in abeyance until the question of venue is decided, and if the ruling court determines that venue is properly in another court, it shall transfer the proceeding to the other court.
(3)
If a court finds that in the interest of justice a proceeding or a file should be located in another court of this state, the court making the finding may transfer the proceeding or file to the other court.
L. 73: R&RE, p. 1545, § 1. C.R.S. 1963: § 153-1-303.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 3 - SCOPE, JURISDICTION, AND COURTS (§§ 15-10-301 — 15-10-310) › Section 15-10-304 - Practice in court

Unless specifically provided to the contrary in this code or unless inconsistent with its provisions, the Colorado rules of civil procedure including the rules concerning vacation of orders and appellate review govern formal proceedings under this code.
L. 73: R&RE, p. 1546, § 1. C.R.S. 1963: § 153-1-304.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 3 - SCOPE, JURISDICTION, AND COURTS (§§ 15-10-301 — 15-10-310) › Section 15-10-305 - Records and certified copies

(1)
The clerk of each court shall keep for each decedent, ward, protected person, or trust under the court's jurisdiction a record of any document which may be filed with the court under this code, including petitions and applications, demands for notices or bonds, trust registrations, and of any orders or responses relating thereto by the registrar or court, and establish and maintain a system for indexing, filing, or recording which is sufficient to enable users of the records to obtain adequate information. Upon payment of the fees required by law the clerk must issue certified copies of any probated wills, letters issued to personal representatives, or any other record or paper filed or recorded. Certificates relating to probated wills must indicate whether the decedent was domiciled in this state and whether the probate was formal or informal. Certificates relating to letters must show the date of appointment.
(2)
All instruments purporting to be the original wills, upon presentation for probate thereof, shall be recorded by the clerk of the court, in a well-bound book, to be provided by him for that purpose, or photographed, microphotographed, or reproduced on film as a permanent record, and shall remain and be preserved in the office of the clerk of the court. Upon admission of such will to probate, such record shall be sufficient, without again recording the same in the records of the clerk of the court.
L. 73: R&RE, p. 1546, § 1. C.R.S. 1963: § 153-1-305.
For the recording of wills and decrees affecting land, see § 38-30-153.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 3 - SCOPE, JURISDICTION, AND COURTS (§§ 15-10-301 — 15-10-310) › Section 15-10-306 - Jury trial

(1)
If duly demanded, a party is entitled to trial by jury in a formal testacy proceeding and any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury.
(2)
If there is no right to trial by jury under subsection (1) of this section or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only.
L. 73: R&RE, p. 1546, § 1. C.R.S. 1963: § 153-1-306.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 3 - SCOPE, JURISDICTION, AND COURTS (§§ 15-10-301 — 15-10-310) › Section 15-10-307 - Registrar - powers

The acts and orders which this code specifies as performable by the registrar may be performed either by a judge of the court or by a person, including the clerk, designated by the court by a written order filed and recorded in the office of the clerk of the court.
L. 73: R&RE, p. 1546, § 1. C.R.S. 1963: § 153-1-307.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 3 - SCOPE, JURISDICTION, AND COURTS (§§ 15-10-301 — 15-10-310) › Section 15-10-308 - Appeals

Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments, and power of the appellate court, is governed by the Colorado appellate rules.
L. 73: R&RE, p. 1546, § 1. C.R.S. 1963: § 153-1-308.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 3 - SCOPE, JURISDICTION, AND COURTS (§§ 15-10-301 — 15-10-310) › Section 15-10-310 - Oath or affirmation on filed document

(1)
Except as otherwise specifically provided in this code or by rule, every document filed with the court under this code, including applications, petitions, and demands for notice, shall be deemed to include an oath, affirmation, or statement to the effect that its representations are true as far as the person executing or filing it knows or is informed, and penalties for perjury may follow deliberate falsification therein.
(2)
The court shall have jurisdiction over any person, resident or nonresident, who files any document with the court under this code and over any person, resident or nonresident, who executes any such document and who knows or has reason to know that the document will be filed with the court under this code in any proceeding for relief from fraud relating to such a document that may be initiated against such person. Service of process shall be as provided in the Colorado rules of civil procedure.
L. 73: R&RE, p. 1546, § 1. C.R.S. 1963: § 153-1-310. L. 77: Entire section amended, p. 831, § 6, effective July 10.
For service of process, see Rule 4, C.R.C.P.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 4 - NOTICE, PARTIES, AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS (§§ 15-10-401 — 15-10-403) › Section 15-10-402 - Notice - waiver

A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by a writing signed by him or his attorney and filed in the proceeding.
L. 73: R&RE, p. 1547, § 1. C.R.S. 1963: § 153-1-402.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 5 - FIDUCIARY OVERSIGHT, REMOVAL, SANCTIONS, AND CONTEMPT (§§ 15-10-501 — 15-10-505) › Section 15-10-501 - Court powers - definitions - application

(1)
Court powers.
A court, incident to a court proceeding, possesses and may employ all of the powers and authority expressed in the provisions of this part 5 to maintain the degree of supervision necessary to ensure the timely and proper administration of estates by fiduciaries over whom the court has obtained jurisdiction. Nothing in this part 5 shall be interpreted to limit a court's powers under Colorado law. The powers of a court as described in this part 5 do not confer jurisdiction over the fiduciaries of nonsupervised trusts, private trusts, agencies created by powers of attorney, and custodial accounts created under the "Colorado Uniform Transfers to Minors Act", article
50
of title
11
, C.R.S., except as provided in paragraph (c) of subsection (2) of this section.
(2)
Definitions.
As used in this part 5, unless the context otherwise requires:
(a)
"Court" means a district court of Colorado and the probate court of the city and county of Denver.
(b)
"Estate" means the estate of a decedent; a guardianship; a protective proceeding; a trust, including an implied trust; an agency created by a power of attorney; or a custodial account created under the "Colorado Uniform Transfers to Minors Act", article
50
of title
11
, C.R.S.
(c)
"Jurisdiction" means, and is restricted to, the personal jurisdiction obtained by a court over a fiduciary as a result of the filing of a proceeding concerning the estate. The filing of a trust registration statement, by itself, shall not constitute a proceeding for the purposes of this part 5.
(3)
Application.
The provisions of this part 5 apply to any fiduciary over whom a court has obtained jurisdiction, including but not limited to a personal representative, special administrator, guardian, conservator, special conservator, trustee, trust director, agent under a power of attorney, and custodian, including a custodian of assets or accounts created under the "Colorado Uniform Transfers to Minors Act", article
50
of title
11
.
Amended by 2019 Ch. 51,§10, eff. 8/2/2019.
L. 2008: Entire part added, p. 477, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 5 - FIDUCIARY OVERSIGHT, REMOVAL, SANCTIONS, AND CONTEMPT (§§ 15-10-501 — 15-10-505) › Section 15-10-502 - Initial investigation

(1)
If, during the administration of an estate, a court desires to be informed about the current status of the administration, then the court, on its own motion or the request of an interested person, and without the need to state any reason for its actions, may:
(a)
Send a letter to the fiduciary of the estate directing the fiduciary to file with the court one or more of the following documents on or before a date to be determined by the court:
(I)
A status report;
(II)
An inventory of the current assets of the estate;
(III)
An up-to-date interim accounting; or
(IV)
A financial report concerning the estate;
(b)
Order the fiduciary to file or appear before the court to submit one or more of the documents described in paragraph (a) of this subsection (1) on or before a date to be determined by the court.
(2)
When a court has directed a fiduciary to file or appear before the court to submit one or more of the documents described in paragraph (a) of this subsection (1), the fiduciary may request that the documents be placed under security pursuant to rule 20 of the Colorado rules of probate procedure.
L. 2008: Entire part added, p. 478, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 5 - FIDUCIARY OVERSIGHT, REMOVAL, SANCTIONS, AND CONTEMPT (§§ 15-10-501 — 15-10-505) › Section 15-10-504 - Surcharge - contempt - sanctions against fiduciaries

(1)
Notice.
Except as provided in subsection (3) of this section, notice to a fiduciary concerning any matters governed by the provisions of this section shall be provided pursuant to section
15-10-505
.
(2)
Surcharge.
(a)
If a court, after a hearing, determines that a breach of fiduciary duty has occurred or an exercise of power by a fiduciary has been improper, after applying the standards of care applicable to each fiduciary in a proceeding, the court may surcharge the fiduciary for any damage or loss to the estate, beneficiaries, or interested persons. Such damages may include compensatory damages, interest, and attorney fees and costs. When allocating any such damages among fiduciaries, the court shall consider the standards of care applicable to the fiduciaries in the proceeding.
(b)
In awarding attorney fees and costs pursuant to this section, a court may consider the provisions of part 6 of this article 10 and shall consider the standards of care applicable to the fiduciaries in the proceeding.
(3)
Contempt proceedings against fiduciary.
Nothing in this part 5 shall be interpreted to limit or restrict a court's authority to proceed against a fiduciary for direct contempt as provided in rule 107 of the Colorado rules of civil procedure. In addition, if a fiduciary fails to comply with an order of a court issued pursuant to this part 5, the court may proceed against the fiduciary for indirect contempt as provided in rule 107 of the Colorado rules of civil procedure. A court may initiate indirect contempt proceedings on its own motion or upon the filing of a motion supported by affidavit as described in rule 107 of the Colorado rules of civil procedure.
(4)
Sanctions.
If a court determines that a breach of fiduciary duty has occurred or an exercise of power by a fiduciary has been improper, the court, after a hearing, may order such other sanctions as the court deems appropriate, but the court shall take into account the standards of care applicable to each fiduciary in the proceeding.
(5)
Remedies.
If remedies are sought against a directed trustee for complying with the direction of a trust director under the "Colorado Uniform Directed Trust Act", part 8 of article
16
of this title 15, or comparable arrangement created under the terms of a trust, the court shall take into account the standards of care applicable to each fiduciary in the proceeding when apportioning damages, fees, costs, or fault among the fiduciaries.
Amended by 2019 Ch. 51,§11, eff. 8/2/2019.
L. 2008: Entire part added, p. 480, § 1, effective July 1. L. 2011: (2)(b) amended, (SB 11-083), ch. 302, p. 302, §2, effective August 10. L. 2019: (2) and (4) amended and (5) added, (SB 19-105), ch. 175, p. 175, § 11, effective August 2.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 5 - FIDUCIARY OVERSIGHT, REMOVAL, SANCTIONS, AND CONTEMPT (§§ 15-10-501 — 15-10-505) › Section 15-10-505 - Notice to fiduciary - current address on file

(1)
In all actions undertaken pursuant to this part 5, the following provisions shall govern notice to fiduciaries:
(a)
In emergency situations.
If it appears to a court that an emergency exists because there is an imminent risk of substantial harm to a ward's or protected person's health, safety, or welfare or to the financial interests of an estate, the court may take appropriate action and issue an order with or without prior notice to a fiduciary as the court determines appropriate based upon the nature of the emergency. If a fiduciary of an estate is not present when an emergency order is entered concerning the administration of the estate, the court shall attempt to notify the fiduciary of the court's action and mail a copy of the court's order to the fiduciary at the fiduciary's last address of record on file with the court. Notice of the court's order shall also be served, pursuant to section
15-10-401
, upon all interested persons or as the court directs. Notice of all hearings set under section
15-10-503(1)
shall be given pursuant to section
15-10-401
.
(b)
In nonemergency situations.
In nonemergency situations, notice to a fiduciary shall be governed by section
15-10-401
.
(c)
Contempt.
For a hearing to determine possible contempt of a fiduciary, the court shall provide notice to the fiduciary as required by rule 107 of the Colorado rules of civil procedure.
(2)
Fiduciary's responsibility to keep current address in court file.
Every fiduciary appointed by a court is required to keep his, her, or its current address and telephone number on file with the court. The fiduciary shall promptly notify the court of any change in the fiduciary's address or telephone number.
L. 2008: Entire part added, p. 481, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 6 - COMPENSATION AND COST RECOVERY (§§ 15-10-601 — 15-10-606) › Section 15-10-601 - Definitions

As used in this part 6, unless the context otherwise requires:
(1)
"Estate" means the property of the decedent, trust, or other person whose affairs are subject to this code or any code included as part of this title 15 as the estate is originally constituted and as the estate exists from time to time during administration. "Estate" includes custodial property as described in the "Colorado Uniform Transfers to Minors Act", article
50
of title
11
; custodial trust property as described in the "Colorado Uniform Custodial Trust Act", article
1.5
of this title 15; and the property of a principal that is subject to a power of attorney.
(2)
"Fiduciary" means:
(a)
A personal representative, guardian, conservator, trust director, or trustee;
(b)
A custodian as described in the "Colorado Uniform Transfers to Minors Act", article
50
of title
11
, C.R.S.;
(c)
A custodial trustee as described in the "Colorado Uniform Custodial Trust Act", article
1.5
of this title;
(d)
An agent as defined in sections
15-10-201 (1)
,
15-14-602 (3)
, and
15-14-702 (1)
; and
(e)
A public administrator as described in section
15-12-619
.
(3)
(a)
"Governing instrument" means a will or a trust or a donative, appointive, or nominative instrument of any other type, including but not limited to:
(I)
An instrument that creates a custodial transfer as described in the "Colorado Uniform Transfers to Minors Act", article
50
of title
11
, C.R.S.;
(II)
A custodial trust as described in the "Colorado Uniform Custodial Trust Act", article
1.5
of this title;
(III)
A medical durable power of attorney as described in section
15-14-506
;
(IV)
An agency instrument as defined in section
15-14-602 (2)
;
(V)
A power of attorney as defined in section
15-14-702 (7)
;
(VI)
A court order appointing a guardian as described in parts 2 and 3 of article
14
of this title; and
(VII)
A court order appointing a conservator as described in part 4 of article
14
of this title.
(b)
"Governing instrument" does not include a deed; an insurance or annuity policy; a multiple-party account; a security registered in beneficiary form; a pension; a profit-sharing, retirement, or similar benefit plan; or an individual retirement account.
Amended by 2019 Ch. 51, § 12, eff. 8/2/2019.
Amended by 2018 Ch. 169, § 9, eff. 1/1/2019.
L. 2011: Entire part added, (SB 11 -083), ch. 295, p. 295, § 1, effective August 10. L. 2018: (1) amended, (SB 18-180), ch. 1193, p. 1193, § 9, effective 1/1/2019. L. 2019: (2)(a) amended, (SB 19 -105), ch. 176, p. 176, § 12, effective August 2.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 6 - COMPENSATION AND COST RECOVERY (§§ 15-10-601 — 15-10-606) › Section 15-10-604 - Fee disputes - process and procedure

(1)
A dispute over the reasonableness of a request for compensation or costs authorized by this part 6 shall be resolved in accordance with the factors set forth in section
15-10-603(3)
and the process and procedure set forth in this section.
(2)
For purposes of this section, a fee dispute shall be deemed to have arisen when an objection to compensation or costs has been filed in a proceeding.
(3)
After the objection to compensation or costs has been filed, the person requesting compensation or costs shall have thirty-five days, or a greater or lesser time as the court may direct, to make available to the objector for inspection and copying all documentation that the person deems necessary to establish the reasonableness of the compensation and costs in consideration of the factors set forth in section
15-10-603(3)
and to certify to the court that such documentation was made available to the objector on a certain date. The objector shall then have fourteen days, or a greater or lesser time as the court may direct, to file specific written objections to such compensation and costs based on the factors set forth in section
15-10-603(3)
. The fourteen days shall commence on the date that the person makes the documentation available to the objector or upon the filing of the person's certification, whichever is later. The court may permit further discovery on the compensation and cost issues raised by the pleadings only upon good cause shown.
(4)
Subject to the court's inherent authority to order alternative dispute resolution methods, the court shall determine, after notice and hearing, the amount of compensation and costs it considers to be reasonable and shall issue its findings of fact and conclusions of law referencing the factors set forth in section
15-10-603(3)
and any other factors it deems relevant to its decision.
L. 2011: Entire part added, (SB 11-083), ch. 101, p. 300, §1, effective August 10. L. 2012: (3) amended, (SB 12-175), ch. 208, p. 837, § 42, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 6 - COMPENSATION AND COST RECOVERY (§§ 15-10-601 — 15-10-606) › Section 15-10-605 - Compensation and costs - assessment - limitations

(1)
If the court determines that any proceedings pursuant to this code or any pleadings filed in such proceedings were brought, defended, or filed in bad faith, the court may assess the fees and the costs, including reasonable attorney fees, incurred by the fiduciary and other affected parties in responding to the proceedings or pleadings, against an estate, party, person, or entity that brought or defended the proceedings or filed the pleadings in bad faith. Nothing in this section is intended to limit any other remedy, sanction, or surcharge provided by law.
(2)
If any person entitled to compensation under this part 6 is required to defend the reasonableness of compensation or costs in a proceeding, the court may review the fees and costs incurred by the person in defending the compensation or costs, and the fees incurred in challenging the compensation and costs, and may assess the reasonable fees and costs incurred in the proceeding as the court deems equitable. The court may allocate fees or costs assessed pursuant to this subsection (2) in favor of or against the estate or any party, person, or entity involved in the proceeding as justice and equity may require.
(3)
A person who is unsuccessful in defending the reasonableness of compensation or costs at a hearing shall not be entitled to recover the fees or costs of that defense as the court deems equitable.
(4)
A fiduciary who is unsuccessful in defending the fiduciary's conduct in a proceeding pursuant to this code alleging breach of fiduciary duty shall not recover the fees or costs of that defense as the court deems equitable.
L. 2011: Entire part added, (SB 11-083), ch. 101, p. 301, §1, effective August 10.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 6 - COMPENSATION AND COST RECOVERY (§§ 15-10-601 — 15-10-606) › Section 15-10-606 - Applicability

(1)
This part 6 applies to:
(a)
An estate existing before, on, or after August 10, 2011; and
(b)
Proceedings to determine the reasonableness of compensation and costs commenced on or after August 10, 2011.
(2)
This part 6 does not apply to proceedings to determine the reasonableness of compensation and costs commenced before August 10, 2011, unless the court determines that the application of this part 6 would not prejudice the rights of any party to the proceeding and the court directs otherwise.
L. 2011: Entire part added, (SB 11-083), ch. 101, p. 302, §1, effective August 10.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Subpart 1 - GENERAL RULES (§§ 15-11-101 — 15-11-114) › Section 15-11-101 - Intestate estate

(1)
Any part of a decedent's estate not effectively disposed of by will or otherwise passes by intestate succession to the decedent's heirs as prescribed in this code, except as modified by the decedent's will.
(2)
A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed the intestate share.
Amended by 2022 Ch. 60, § 1, eff. 8/10/2022.
L. 94: Entire part R&RE, p. 976, § 3, effective 7/1/1995.
This section is similar to former §15-11-101 as it existed prior to 1995.
2022 Ch. 60, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Subpart 1 - GENERAL RULES (§§ 15-11-101 — 15-11-114) › Section 15-11-102.5 - Share of designated beneficiary

(1)
If the decedent is survived by a person with the right to inherit real or personal property from the decedent in a designated beneficiary agreement executed pursuant to article
22
of this title, the intestate share of the decedent's designated beneficiary is:
(a)
The entire estate if no descendent of the decedent survives the decedent; or
(b)
One half of the intestate estate if one or more descendants of the decedent survive the decedent.
L. 2010: Entire section added, (SB 10-199), ch. 374, p. 1748, §4, effective July 1.
For provisions relating to the time of taking effect or the provisions for transition of this code, see § 15-17-101.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Subpart 1 - GENERAL RULES (§§ 15-11-101 — 15-11-114) › Section 15-11-105 - No taker

If there is no taker under the provisions of this article, the intestate estate passes to the state of Colorado, subject to the provisions of section
15-12-914
.
L. 94: Entire part R&RE, p. 978, § 3, effective 7/1/1995.
This section is similar to former §15-11-105 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Subpart 1 - GENERAL RULES (§§ 15-11-101 — 15-11-114) › Section 15-11-107 - Inheritance without regard to number of common ancestors in same generation

An heir inherits without regard to how many common ancestors in the same generation the heir shares with the decedent.
Amended by 2022 Ch. 60, § 4, eff. 8/10/2022.
L. 94: Entire part R&RE, p. 979, § 3, effective 7/1/1995.
This section is similar to former §15-11-107 as it existed prior to 1995.
2022 Ch. 60, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Subpart 1 - GENERAL RULES (§§ 15-11-101 — 15-11-114) › Section 15-11-108 - [Repealed]

L. 94: Entire part R&RE, p. 979, § 3, effective 7/1/1995. L. 2009: (2) added by revision, (HB 09-1287), ch. 310, pp. 1674, 1688, §§ 6, 17.
(1) This section was similar to former §15-11-108 as it existed prior to 1995.
(2) Subsection (2) provided for the repeal of this section, effective July 1, 2010. (See L. 2009, pp. 1674, 1688.)
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Subpart 1 - GENERAL RULES (§§ 15-11-101 — 15-11-114) › Section 15-11-109 - Advancements

(1)
If an individual dies intestate as to all or a portion of the estate, property the decedent gave during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate share only if (i) the decedent declared in a contemporaneous writing or the heir acknowledged in writing that the gift is an advancement, or (ii) the decedent's contemporaneous writing or the heir's written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate.
(2)
For the purposes of subsection (1) of this section, property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of the decedent's death, whichever first occurs.
(3)
If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the division and distribution of the decedent's intestate estate, unless the decedent's contemporaneous writing provides otherwise.
(4)
An heir who has received from the intestate estate more than his or her share shall in no case be required to refund, except as otherwise provided by section
15-11-203
.
Amended by 2022 Ch. 60, § 5, eff. 8/10/2022.
L. 94: Entire part R&RE, p. 979, § 3, effective 7/1/1995.
This section is similar to former §
15-11-110
as it existed prior to 1995.
2022 Ch. 60, was passed without a safety clause. See Colo. Const. art. V, § 1(3).