reglab/statecodes huggingface dataset:
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL, AND TERMINATION OF AUTHORITY (§§ 15-12-601 — 15-12-623) › Section 15-12-617 - Special administrator - formal proceedings - power and duties

A special administrator appointed by order of the court in any formal proceeding has the power of a general personal representative except as limited in the appointment and duties as prescribed in the order. The appointment may be for a specified time, to perform particular acts, or on other terms as the court may direct.
L. 73: R&RE, p. 1584, § 1. C.R.S. 1963: § 153-3-617.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 6 - PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL, AND TERMINATION OF AUTHORITY (§§ 15-12-601 — 15-12-623) › Section 15-12-618 - Termination of appointment - special administrator

The appointment of a special administrator terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In other cases, the appointment of a special administrator is subject to termination as provided in sections
15-12-608
to
15-12-611
.
L. 73: R&RE, p. 1584, § 1. C.R.S. 1963: § 153-3-618.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES (§§ 15-12-701 — 15-12-723) › Section 15-12-701 - Time of accrual of duties and powers

The duties and powers of a personal representative commence upon his or her appointment. The powers of a personal representative relate back in time to give acts by the person appointed that are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter. Prior to appointment, a person nominated to serve as personal representative in a will may carry out written instructions of the decedent or of the persons designated to control disposition of the decedent's last remains under section
15-19-106
, relating to his or her body, anatomical gifts, funeral, and burial arrangements. A personal representative may ratify and accept acts on behalf of the estate done by others where the acts would have been proper for a personal representative.
L. 73: R&RE, p. 1587, § 1. C.R.S. 1963: § 153-3-701. L. 2003: Entire section amended, p. 1355, § 3, effective August 6.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES (§§ 15-12-701 — 15-12-723) › Section 15-12-702 - Priority among different letters

A person to whom general letters are issued first has exclusive authority under the letters until his appointment is terminated or modified. If, through error, general letters are afterwards issued to another, the first appointed representative may recover any property of the estate in the hands of the representative subsequently appointed, but the acts of the latter done in good faith before notice of the first letters are not void for want of validity of appointment.
L. 73: R&RE, p. 1587, § 1. C.R.S. 1963: § 153-3-702.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES (§§ 15-12-701 — 15-12-723) › Section 15-12-704 - Personal representative to proceed without court order - exception

A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified or ordered in regard to a supervised personal representative, do so without adjudication, order, or direction of the court, but he may invoke the jurisdiction of the court, in proceedings authorized by this code, to resolve questions concerning the estate or its administration.
L. 73: R&RE, p. 1587, § 1. C.R.S. 1963: § 153-3-704.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES (§§ 15-12-701 — 15-12-723) › Section 15-12-706 - Duty of personal representative - inventory and appraisement

(1)
Within three months after his appointment, a personal representative who is not a successor to another representative who has previously discharged this duty shall prepare an inventory of property owned by the decedent and subject to disposition by will or intestate succession at the time of his death, listing it with reasonable detail and indicating, as to each listed item, its fair market value as of the date of the decedent's death and the type and amount of any encumbrance that may exist with reference to any item. The inventory shall include the oath or affirmation of the personal representative that it is complete and accurate so far as he is informed.
(2)
The personal representative shall send a copy of the inventory to interested persons who request it, or he may file the original of the inventory with the court.
(3)
If it appears that the heirs of an intestate or the devisees of a testator are unknown, or if known and there is no person qualified to receive the distributive share of such heirs or devisees, the personal representative shall also, within said three months, deliver or mail to the attorney general a copy of the inventory.
L. 73: R&RE, p. 1588, § 1. C.R.S. 1963: § 153-3-706. L. 75: (1) amended, p. 596, § 28, effective July 1. L. 77: (1) amended, p. 834, § 18, 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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES (§§ 15-12-701 — 15-12-723) › Section 15-12-707 - Employment of appraisers

The personal representative may employ qualified and disinterested appraisers to assist him in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The names and addresses of any appraiser shall be indicated on the inventory with the item or items he appraised.
L. 73: R&RE, p. 1588, § 1. C.R.S. 1963: § 153-3-707.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES (§§ 15-12-701 — 15-12-723) › Section 15-12-708 - Duty of personal representative - supplementary inventory

If any property not included in the original inventory comes to the knowledge of a personal representative or if the personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading, he shall make a supplementary inventory or appraisement showing the market value as of the date of the decedent's death of the new item or the revised market value or descriptions, and the appraisers or other data relied upon, if any, and file it with the court if the original inventory was filed, or furnish copies thereof or information thereof to interested persons who request the inventory.
L. 73: R&RE, p. 1588, § 1. C.R.S. 1963: § 153-3-708.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES (§§ 15-12-701 — 15-12-723) › Section 15-12-709 - Duty of personal representative - possession of estate

Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property; except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled thereto unless or until, in the judgment of the personal representative, possession of the property by the personal representative will be necessary for the purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession thereof, that the possession of the property by the personal representative is necessary for the purposes of administration. The personal representative shall pay taxes on and take all steps reasonably necessary for the management, protection, and preservation of the estate in such representative's possession. The personal representative may maintain an action to recover possession of the property or to determine the title thereto. If the personal representative incurs expenses necessary for the protection or disposition of property not subject to such representative's administration, such as those incurred to fix the amount of death taxes thereon, or to compel the contribution contemplated in section
15-11-204
or
15-12-916 (4)
, the court may fix such liability for the same as it determines to be equitable against any person entitled to or wrongfully withholding the property.
L. 73: R&RE, p. 1589, § 1. C.R.S. 1963: § 153-3-709. L. 81: Entire section amended, p. 914, § 7, effective July 1. L. 94: Entire section amended, p. 1037, § 11, effective 7/1/1995. L. 2009: Entire section amended, (HB 09 -1241), ch. 169, p. 761, § 17, effective April 22.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES (§§ 15-12-701 — 15-12-723) › Section 15-12-710 - Power to avoid transfers

The property liable for the payment of unsecured debts of a decedent includes all property transferred by him by any means which is in law void or voidable as against his creditors, and, subject to prior liens, the right to recover this property, so far as necessary for the payment of unsecured debts of the decedent, is exclusively in the personal representative.
L. 73: R&RE, p. 1589, § 1. C.R.S. 1963: § 153-3-710.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES (§§ 15-12-701 — 15-12-723) › Section 15-12-711 - Powers of personal representatives - in general

Until termination of his appointment a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. This power may be exercised without notice, hearing, or order of court.
L. 73: R&RE, p. 1589, § 1. C.R.S. 1963: § 153-3-711.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES (§§ 15-12-701 — 15-12-723) › Section 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
.
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.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES (§§ 15-12-701 — 15-12-723) › Section 15-12-713 - Sale, encumbrance, or transaction involving conflict of interest - voidable - exceptions

(1)
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:
(a)
The will or a contract entered into by the decedent expressly authorized the transaction; or
(b)
The transaction is approved by the court after notice to interested persons.
(c)
Repealed.
(2)
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.
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.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES (§§ 15-12-701 — 15-12-723) › Section 15-12-714 - Persons dealing with personal representative - protection

(1)
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.
(2)
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.
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.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES (§§ 15-12-701 — 15-12-723) › Section 15-12-715 - Transactions authorized for personal representatives - exceptions

(1)
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:
(a)
Exercise any of the powers enumerated in the "Colorado Fiduciaries' Powers Act" at the time of such exercise; and
(b)
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.
L. 73: R&RE, p. 1590, § 1. C.R.S. 1963: § 153-3-715.
For the "Colorado Fiduciaries' Powers Act", see part 8 of article 1 of this title.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES (§§ 15-12-701 — 15-12-723) › Section 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.
L. 73: R&RE, p. 1590, § 1. C.R.S. 1963: § 153-3-716.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES (§§ 15-12-701 — 15-12-723) › Section 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.
L. 73: R&RE, p. 1590, § 1. C.R.S. 1963: § 153-3-717.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES (§§ 15-12-701 — 15-12-723) › Section 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.
L. 73: R&RE, p. 1591, § 1. C.R.S. 1963: § 153-3-718.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES (§§ 15-12-701 — 15-12-723) › Section 15-12-719 - [Repealed]

L. 73: R&RE, p. 1591, § 1. C.R.S. 1963: § 153-3-719. L. 2001: Entire section amended, p. 888, § 5, effective June 1. L. 2011: Entire section repealed, (SB 11-083), ch. 101, p. 317, §27, 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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES (§§ 15-12-701 — 15-12-723) › Section 15-12-720 - [Repealed]

L. 73: R&RE, p. 1591, § 1. C.R.S. 1963: § 153-3-720. L. 2001: Entire section amended, p. 888, § 6, effective June 1. L. 2011: Entire section repealed, (SB 11-083), ch. 101, p. 317, §27, 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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES (§§ 15-12-701 — 15-12-723) › Section 15-12-721 - [Repealed]

L. 73: R&RE, p. 1591, § 1. C.R.S. 1963: § 153-3-721. L. 75: (2)(f) repealed, p. 606, § 62, effective July 1. L. 2001: (3) added, p. 889, § 7, effective June 1. L. 2011: Entire section repealed, (SB 11-083), ch. 101, p. 317, §27, 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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES (§§ 15-12-701 — 15-12-723) › Section 15-12-722 - [Repealed]

L. 75: Entire section added, p. 597, § 31, effective July 1. L. 2008: Entire section repealed, p. 484, § 7, 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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES (§§ 15-12-701 — 15-12-723) › Section 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.
L. 75: Entire section added, p. 597, § 31, 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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 8 - CREDITORS' CLAIMS (§§ 15-12-801 — 15-12-816) › Section 15-12-801 - Notice to creditors

(1)
Unless one year or more has elapsed since the death of the decedent, a personal representative shall cause a notice to creditors to be published in some daily or weekly newspaper published in the county in which the estate is being administered, or if there is no such newspaper, then in some newspaper of general circulation in an adjoining county. Such notice shall be published not less than three times, at least once during each of three successive calendar weeks. The notice shall be substantially as follows:
NOTICE TO CREDITORS
Estate of ........................................(Deceased)
No. ...............................
All persons having claims against the above-named estate are required to present them to the undersigned or to the District Court of ..........County, Colorado (or Probate Court of the City and County of Denver, Colorado), on or before
(a date not earlier than four months from date of first publication
or the date one year from date of death, whichever occurs first),
.................................................................................. 20 ....., or said claims may be forever barred.
.............................................
Personal Representative
(2)
A personal representative may give written notice by mail or other delivery to any creditor. Written notice shall be the notice described in subsection (1) of this section or a similar notice. Such written notice shall notify the creditor to present his claim within the later of the following time periods or be forever barred:
(a)
Within the time set in the notice to creditors by publication in compliance with subsection (1) of this section; or
(b)
Within sixty days from the mailing or other delivery of such notice, but not later than the date one year from date of death.
(3)
A personal representative shall not be liable to any creditor or to any successor of the decedent for giving or failing to give notice under this section.
L. 73: R&RE, p. 1592, § 1. C.R.S. 1963: § 153-3-801. L. 75: Entire section R&RE, p. 597, § 32, effective July 1. L. 79: Entire section amended, p. 649, § 9, effective July 1. L. 90: Entire section amended, p. 904, § 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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 8 - CREDITORS' CLAIMS (§§ 15-12-801 — 15-12-816) › Section 15-12-802 - Statutes of limitations

(1)
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.
(2)
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.
(3)
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.
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.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 8 - CREDITORS' CLAIMS (§§ 15-12-801 — 15-12-816) › Section 15-12-806 - Allowance of claims

(1)
The personal representative may mail a notice to any claimant stating that the claim has been disallowed. If the personal representative fails to mail notice to a claimant of action on his or her claim within sixty-three days after the time for original presentation of the claim has expired, the claim shall be deemed to be allowed. After any claim has been deemed to be allowed or disallowed, the personal representative may change the status of the allowance or disallowance of the claim by notice to the claimant; except that the personal representative may not change a disallowance of a claim after the time for the claimant to file a petition for allowance or to commence a proceeding on the claim has run and the claim has been barred. Every claim that is disallowed in whole or in part by the personal representative is barred so far as not allowed unless the claimant files a petition for allowance in the court or commences a proceeding against the personal representative not later than sixty-three days after the mailing of the notice of disallowance or partial allowance if the notice warns the claimant of the impending bar.
(2)
Upon the petition of the personal representative or of a claimant in a proceeding for the purpose, the court may allow in whole or in part any claim or claims presented to the personal representative or filed with the clerk of the court in due time and not barred by subsection (1) of this section. Notice in this proceeding shall be given to the claimant, the personal representative, and those other persons interested in the estate as the court may direct by order entered at the time the proceeding is commenced.
(3)
A judgment in a proceeding in another court against a personal representative to enforce a claim against a decedent's estate is an allowance of the claim.
(4)
Unless otherwise provided in any judgment in another court entered against the personal representative, allowed claims bear interest at the legal rate for the period commencing sixty-three days after the time for original presentation of the claim has expired unless based on a contract making a provision for interest, in which case they bear interest in accordance with that provision.
L. 73: R&RE, p. 1594, § 1. C.R.S. 1963: § 153-3-806. L. 79: (1) amended, p. 650, § 12, effective July 1. L. 2006: (1) amended, p. 376, § 4, effective July 1. L. 2012: (1) and (4) amended, (SB 12-175), ch. 208, p. 838, § 45, 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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 8 - CREDITORS' CLAIMS (§§ 15-12-801 — 15-12-816) › Section 15-12-807 - Payment of claims

(1)
One year after the decedent's death, the personal representative shall proceed to pay the claims allowed against the estate in the order of priority prescribed, after making provision for family and exempt property allowances, for claims already presented which have not yet been allowed or whose allowance has been appealed, and for unbarred claims which may yet be presented, including costs and expenses of administration. By petition to the court in a proceeding for the purpose, or by appropriate motion if the administration is supervised, a claimant whose claim has been allowed but not paid as provided in this subsection (1) may secure an order directing the personal representative to pay the claim to the extent that funds of the estate are available for the payment.
(2)
The personal representative at any time may pay any just claim which has not been barred, with or without formal presentation, but he is personally liable to any other claimant whose claim is allowed and who is injured by such payment if:
(a)
The payment was made before the expiration of the time limit stated in subsection (1) of this section and the personal representative failed to require the payee to give adequate security for the refund of any of the payment necessary to pay other claimants; or
(b)
The payment was made, due to the negligence or willful fault of the personal representative, in such manner as to deprive the injured claimant of his priority.
L. 73: R&RE, p. 1594, § 1. C.R.S. 1963: § 153-3-807. L. 90: (1) amended, p. 906, § 4, 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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 8 - CREDITORS' CLAIMS (§§ 15-12-801 — 15-12-816) › Section 15-12-809 - Secured claims

(1)
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:
(a)
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
(b)
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.
(2)
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.
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.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 8 - CREDITORS' CLAIMS (§§ 15-12-801 — 15-12-816) › Section 15-12-810 - Claims not due and contingent or unliquidated claims

(1)
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.
(2)
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:
(a)
If the claimant consents, he may be paid the present or agreed value of the claim, taking any uncertainty into account;
(b)
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.
L. 73: R&RE, p. 1595, § 1. C.R.S. 1963: § 153-3-810.
L. 73: R & RE, p. 1595, § 1. C.R.S. 1963: § 153-3-810.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 8 - CREDITORS' CLAIMS (§§ 15-12-801 — 15-12-816) › Section 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.
L. 73: R&RE, p. 1596, § 1. C.R.S. 1963: § 153-3-811.
L. 73: R & RE, p. 1596, § 1. C.R.S. 1963: § 153-3-811.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 8 - CREDITORS' CLAIMS (§§ 15-12-801 — 15-12-816) › Section 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.
L. 73: R&RE, p. 1596, § 1. C.R.S. 1963: § 153-3-812.
L. 73: R & RE, p. 1596, § 1. C.R.S. 1963: § 153-3-812.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 8 - CREDITORS' CLAIMS (§§ 15-12-801 — 15-12-816) › Section 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.
L. 73: R&RE, p. 1596, § 1. C.R.S. 1963: § 153-3-813.
L. 73: R & RE, p. 1596, § 1. C.R.S. 1963: § 153-3-813.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 8 - CREDITORS' CLAIMS (§§ 15-12-801 — 15-12-816) › Section 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.
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.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 8 - CREDITORS' CLAIMS (§§ 15-12-801 — 15-12-816) › Section 15-12-815 - Administration in more than one state - duty of personal representative

(1)
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.
(2)
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.
(3)
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.
L. 73: R&RE, p. 1596, § 1. C.R.S. 1963: § 153-3-815.
L. 73: R & RE, p. 1596, § 1. C.R.S. 1963: § 153-3-815.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 8 - CREDITORS' CLAIMS (§§ 15-12-801 — 15-12-816) › Section 15-12-816 - Final distribution to domiciliary representative

(1)
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:
(a)
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;
(b)
The personal representative of this state, after reasonable inquiry, is unaware of the existence or identity of a domiciliary personal representative; or
(c)
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.
(2)
In other cases distribution of the estate of a decedent shall be made in accordance with the applicable provisions of this article.
L. 73: R&RE, p. 1597, § 1. C.R.S. 1963: § 153-3-816.
L. 73: R & RE, p. 1597, § 1. C.R.S. 1963: § 153-3-816.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION (§§ 15-12-901 — 15-12-916) › Section 15-12-901 - Successors' rights if no administration

(1)
(a)
As used in this subsection (1), "will probated in this state" means a will that is declared to be valid by an order of informal probate by the registrar, or an adjudication of probate by the court.
(b)
Except as otherwise provided in paragraph (c) of this subsection (1) and in part 13 of this article:
(I)
In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a will probated in this state or the laws of intestate succession.
(II)
Devisees may establish title by the will probated in this state to devised property.
(c)
A duly executed and unrevoked will that is not a will probated in this state may be admitted as evidence of a devise if:
(I)
A court proceeding concerning the succession or administration of the estate has not occurred; and
(II)
Either the devisee or his or her successors and assigns possessed the property devised in accordance with the provisions of the will, or the property devised was not possessed or claimed by anyone by virtue of the decedent's title during the time period for testacy proceedings.
(2)
Persons entitled to property by exemption or intestacy may establish title thereto by proof of the decedent's ownership, his or her death, and their relationship to the decedent.
(3)
Successors take subject to all charges incident to administration, including the claims of creditors and allowances of surviving spouse and dependent children, and subject to the rights of others resulting from abatement, retainer, advancement, and ademption.
L. 73: R&RE, p. 1597, § 1. C.R.S. 1963: § 153-3-901. L. 2011: Entire section amended, (SB 11-083), ch. 101, p. 304, §9, effective August 10.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION (§§ 15-12-901 — 15-12-916) › Section 15-12-902 - Distribution - order in which assets appropriated - abatement

(1)
(a)
Except as provided in subsection (2) of this section and except as provided in connection with the share of the surviving spouse who elects to take an elective share, shares of distributees abate, without any preference or priority as between real and personal property, in the following order:
(I)
Property not disposed of by the will;
(II)
Residuary devises;
(III)
General devises;
(IV)
Specific devises.
(b)
For purposes of abatement, a general devise charged on any specific property or fund is a specific devise to the extent of the value of the property on which it is charged, and upon the failure or insufficiency of the property on which it is charged, a general devise to the extent of the failure or insufficiency. Abatement within each classification is in proportion to the amounts of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will.
(2)
If the will expresses an order of abatement, or the express purpose of the devise would be defeated by the order of abatement stated in subsection (1) of this section, the shares of the distributees abate as may be found necessary to give effect to the intention of the testator.
(3)
If the subject of a preferred devise is sold or used incident to administration, abatement shall be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets.
L. 73: R&RE, p. 1597, § 1. C.R.S. 1963: § 153-3-902.
L. 73: R & RE, p. 1597, § 1. C.R.S. 1963: § 153-3-902.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION (§§ 15-12-901 — 15-12-916) › Section 15-12-903 - Right of retainer

Unless a contrary intent is indicated by the will, the amount of a noncontingent indebtedness of a successor to the estate if due, or its present value if not due, shall be offset against the successor's interest; but the successor has the benefit of any defense which would be available to him in a direct proceeding for recovery of the debt.
L. 73: R&RE, p. 1598, § 1. C.R.S. 1963: § 153-3-903.
L. 73: R & RE, p. 1598, § 1. C.R.S. 1963: § 153-3-903.
For debts to a decedent, see § 15-11-110.
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 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION (§§ 15-12-901 — 15-12-916) › Section 15-12-904 - Interest on general pecuniary devise

General pecuniary devises bear interest at the legal rate beginning one year after the first appointment of a personal representative until payment, unless a contrary intent is indicated by the will.
L. 73: R&RE, p. 1598, § 1. C.R.S. 1963: § 153-3-904.
L. 73: R & RE, p. 1598, § 1. C.R.S. 1963: § 153-3-904.