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 14.5 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 15-14.5-101 — 15-14.5-503) › Part 3 - TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP (§§ 15-14.5-301 — 15-14.5-302) › Section 15-14.5-302 - Accepting guardianship or conservatorship transferred from another state

(1)
To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to section
15-14.5-301
, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional order of transfer.
(2)
Notice of a petition under subsection (1) of this section must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state.
(3)
On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (1) of this section.
(4)
The court shall issue an order provisionally granting a petition filed under subsection (1) of this section unless:
(a)
An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or
(b)
The guardian or conservator is ineligible for appointment in this state.
(5)
The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to section
15-14.5-301
transferring the proceeding to this state.
(6)
Not later than ninety days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state.
(7)
In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person's incapacity and the appointment of the guardian or conservator.
(8)
The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under article
14
of this title if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
L. 2008: Entire article added, p. 795, § 1, effective May 14.
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 14.5 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 15-14.5-101 — 15-14.5-503) › Part 4 - REGISTRATION AND RECOGNITION OF ORDERS FROM OTHER STATES (§§ 15-14.5-401 — 15-14.5-403) › Section 15-14.5-401 - Registration of guardianship orders

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.
L. 2008: Entire article added, p. 796, § 1, effective May 14.
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 14.5 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 15-14.5-101 — 15-14.5-503) › Part 4 - REGISTRATION AND RECOGNITION OF ORDERS FROM OTHER STATES (§§ 15-14.5-401 — 15-14.5-403) › Section 15-14.5-402 - Registration of protective orders

If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.
L. 2008: Entire article added, p. 796, § 1, effective May 14.
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 14.5 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 15-14.5-101 — 15-14.5-503) › Part 4 - REGISTRATION AND RECOGNITION OF ORDERS FROM OTHER STATES (§§ 15-14.5-401 — 15-14.5-403) › Section 15-14.5-403 - Effect of registration

(1)
Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.
(2)
A court of this state may grant any relief available under this article and other law of this state to enforce a registered order.
L. 2008: Entire article added, p. 796, § 1, effective May 14.
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 14.5 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 15-14.5-101 — 15-14.5-503) › Part 5 - MISCELLANEOUS PROVISIONS (§§ 15-14.5-501 — 15-14.5-503) › Section 15-14.5-501 - Uniformity of application and construction

In applying and construing this article, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
L. 2008: Entire article added, p. 797, § 1, effective May 14.
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 14.5 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 15-14.5-101 — 15-14.5-503) › Part 5 - MISCELLANEOUS PROVISIONS (§§ 15-14.5-501 — 15-14.5-503) › Section 15-14.5-502 - Relation to electronic signatures in global and national commerce act

This article modifies, limits, and supersedes the federal "Electronic Signatures in Global and National Commerce Act",
15 U.S.C. sec. 7001
, et seq., but does not modify, limit, or supersede section 101 (c) of that act,
15 U.S.C. sec. 7001(c)
, or authorize electronic delivery of any of the notices described in section 103 (b) of that act,
15 U.S.C. sec. 7003(b)
.
L. 2008: Entire article added, p. 797, § 1, effective May 14.
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 14.5 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 15-14.5-101 — 15-14.5-503) › Part 5 - MISCELLANEOUS PROVISIONS (§§ 15-14.5-501 — 15-14.5-503) › Section 15-14.5-503 - Transitional provision

(1)
This article applies to guardianship and protective proceedings begun on or after May 14, 2008.
(2)
Parts 1, 3, and 4 of this article and sections
15-14.5-501
and
15-14.5-502
apply to proceedings begun before May 14, 2008, regardless of whether a guardianship or protective order has been issued.
L. 2008: Entire article added, p. 797, § 1, effective May 14.
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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 1 - PROVISIONS RELATING TO EFFECT OF DEATH (§§ 15-15-101 — 15-15-103) › Section 15-15-102 - Will not to affect joint tenancy in real property or personalty

No will or other testamentary disposition or testamentary provision of one of the owners in joint tenancy of real or personal property or of an interest in real or personal property shall destroy or affect the joint tenancy or prevent the entire title and interest owned by the joint tenants from becoming vested upon his death in the joint tenants who shall have survived him. Upon the death of an owner in joint tenancy of real or personal property or of an interest in real or personal property, leaving surviving him coowners under such joint tenancy, all of the interest and title which, immediately before such death was owned by all of the joint tenants under such joint tenancy, shall become vested in the survivors of such joint tenants in spite of and without regard to the provisions of a will of the joint tenant so dying or the admission to probate of such will and without regard to whether such will was executed before or after the creation of the joint tenancy.
L. 90: Entire article R&RE, p. 909, § 1, effective July 1.
This section is similar to former § 15-15-202 as it existed prior to 1990.
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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 2 - MULTIPLE-PERSON ACCOUNTS (§§ 15-15-201 — 15-15-206) › Subpart 1 - DEFINITIONS AND GENERAL PROVISIONS (§§ 15-15-201 — 15-15-206) › Section 15-15-202 - Limitation on scope of part

This part 2 does not apply to (i) an account established for a partnership, joint venture, or other organization for a business purpose, (ii) an account controlled by one or more persons as an agent or trustee for a corporation, unincorporated association, or charitable or civic organization, or (iii) a fiduciary or trust account in which the relationship is established other than by the terms of the account.
L. 90: Entire article R&RE, p. 911, § 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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 2 - MULTIPLE-PERSON ACCOUNTS (§§ 15-15-201 — 15-15-206) › Subpart 1 - DEFINITIONS AND GENERAL PROVISIONS (§§ 15-15-201 — 15-15-206) › Section 15-15-203 - Types of account; existing accounts

(1)
An account may be for a single party or multiple parties. A multiple-party account may be with or without a right of survivorship between the parties. Subject to section
15-15-212(3)
, either a single-party account or a multiple-party account may have a POD designation, an agency designation, or both.
(2)
An account established before, on, or after July 1, 1990, whether in the form prescribed in section
15-15-204
or in any other form, is either a single-party account or a multiple-party account, with or without right of survivorship, and with or without a POD designation or an agency designation, within the meaning of this part 2, and is governed by this part 2.
L. 90: Entire article R&RE, p. 911, § 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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 2 - MULTIPLE-PERSON ACCOUNTS (§§ 15-15-201 — 15-15-206) › Subpart 1 - DEFINITIONS AND GENERAL PROVISIONS (§§ 15-15-201 — 15-15-206) › Section 15-15-204 - Forms

(1)
A contract of deposit that contains provisions in substantially the following form establishes the type of account provided, and the account is governed by the provisions of this part 2 applicable to an account of that type:
UNIFORM SINGLE- OR MULTIPLE-PARTY ACCOUNT FORM
PARTIES [Name One Or More Parties]:
____________________
____________________
OWNERSHIP [Select One And Initial]: _____SINGLE-PARTY ACCOUNT _____MULTIPLE-PARTY ACCOUNT Parties own account in proportion to net contributions unless there is clear and convincing evidence of a different intent.
RIGHTS AT DEATH [Select One And Initial]: _____SINGLE-PARTY ACCOUNT At death of party, ownership passes as part of party's estate. _____SINGLE-PARTY ACCOUNT WITH POD (PAY ON DEATH) DESIGNATION [Name One Or More Beneficiaries]: _______________
_______________ At death of party, ownership passes to POD beneficiaries and is not part of party's estate. _____MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP At death of party, ownership passes to surviving parties. _____MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP AND POD (PAY ON DEATH) DESIGNATION [Name One Or More Beneficiaries]: _______________
_______________ At death of last surviving party, ownership passes to POD beneficiaries and is not part of last surviving party's estate. _____MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF SURVIVORSHIP At death of party, deceased party's ownership passes as part of deceased party's estate.
AGENCY (POWER OF ATTORNEY) DESIGNATION [Optional] Agents may make account transactions for parties but have no ownership or rights at death unless named as POD beneficiaries. [To Add Agency Designation To Account, Name One Or More Agents]: _______________
_______________ [Select One And Initial]: _____AGENCY DESIGNATION SURVIVES DISABILITY OR INCAPACITY OF PARTIES _____AGENCY DESIGNATION TERMINATES ON DISABILITY OR INCAPACITY OF PARTIES
(2)
A contract of deposit that does not contain provisions in substantially the form provided in subsection (1) is governed by the provisions of this part 2 applicable to the type of account that most nearly conforms to the depositor's intent.
L. 90: Entire article R&RE, p. 911, § 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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 2 - MULTIPLE-PERSON ACCOUNTS (§§ 15-15-201 — 15-15-206) › Subpart 1 - DEFINITIONS AND GENERAL PROVISIONS (§§ 15-15-201 — 15-15-206) › Section 15-15-205 - Designation of agent

(1)
By a writing signed by all parties, the parties may designate as agent of all parties on an account a person other than a party.
(2)
Unless the terms of an agency designation provide that the authority of the agent terminates on disability or incapacity of a party, the agent's authority survives disability and incapacity. The agent may act for a disabled or incapacitated party until the authority of the agent is terminated.
(3)
Death of the sole party or last surviving party terminates the authority of an agent.
L. 90: Entire article R&RE, p. 912, § 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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 2 - MULTIPLE-PERSON ACCOUNTS (§§ 15-15-201 — 15-15-206) › Subpart 1 - DEFINITIONS AND GENERAL PROVISIONS (§§ 15-15-201 — 15-15-206) › Section 15-15-206 - Applicability of part

The provisions of sections
15-15-211
to
15-15-216
(subpart 2) concerning beneficial ownership as between parties or as between parties and beneficiaries apply only to controversies between those persons and their creditors and other successors, and do not apply to the right of those persons to payment as determined by the terms of the account. Sections
15-15-221
to
15-15-227
(subpart 3) governs the liability and set-off rights of financial institutions that make payments pursuant to it.
L. 90: Entire article R&RE, p. 913, § 1, effective July 1.
This section is similar to former § 15-15-102 as it existed prior to 1990.
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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Subpart 2 - OWNERSHIP AS BETWEEN PARTIES AND OTHERS (§§ 15-15-211 — 15-15-216) › Section 15-15-211 - Ownership during lifetime

(1)
In this section, "net contribution" of a party means the sum of all deposits to an account made by or for the party, less all payments from the account made to or for the party which have not been paid to or applied to the use of another party and a proportionate share of any charges deducted from the account, plus a proportionate share of any interest or dividends earned, whether or not included in the current balance. The term includes deposit life insurance proceeds added to the account by reason of death of the party whose net contribution is in question.
(2)
During the lifetime of all parties, an account belongs to the parties in proportion to the net contribution of each to the sums on deposit, unless there is clear and convincing evidence of a different intent. As between parties married to each other, in the absence of proof otherwise, the net contribution of each is presumed to be an equal amount.
(3)
A beneficiary in an account having a POD designation has no right to sums on deposit during the lifetime of any party.
(4)
An agent in an account with an agency designation has no beneficial right to sums on deposit.
L. 90: Entire article R&RE, p. 913, § 1, effective July 1.
This section is similar to former §
15-15-103
as it existed prior to 1990.
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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Subpart 2 - OWNERSHIP AS BETWEEN PARTIES AND OTHERS (§§ 15-15-211 — 15-15-216) › Section 15-15-213 - Alteration of rights

(1)
Rights at death under section
15-15-212
are determined by the type of account at the death of a party. The type of account may be altered by written notice given by a party to the financial institution to change the type of account or to stop or vary payment under the terms of the account. The notice must be signed by a party and received by the financial institution during the party's lifetime.
(2)
A right of survivorship arising from the express terms of the account, section
15-15-212
, or a POD designation, may not be altered by will.
L. 90: Entire article R&RE, p. 914, § 1, effective July 1.
This section is similar to former §15-15-105 as it existed prior to 1990.
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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Subpart 2 - OWNERSHIP AS BETWEEN PARTIES AND OTHERS (§§ 15-15-211 — 15-15-216) › Section 15-15-214 - Accounts and transfers nontestamentary

Except as provided in part 2 of article
11
of this title (elective share of surviving spouse), a transfer resulting from the application of section
15-15-212
is effective by reason of the terms of the account involved and this part 2 and is not testamentary or subject to articles
10
to
13
of this title (estate administration).
L. 90: Entire article R&RE, p. 914, § 1, effective July 1. L. 2006: Entire section amended, p. 391, § 22, effective July 1.
This section is similar to former §15-15-106 as it existed prior to 1990.
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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Subpart 2 - OWNERSHIP AS BETWEEN PARTIES AND OTHERS (§§ 15-15-211 — 15-15-216) › Section 15-15-215 - [Repealed]

L. 90: Entire article R&RE, p. 914, § 1, effective July 1. L. 2006: Entire section repealed, p. 391, § 21, effective July 1.
This section was similar to former §15-15-107 as it existed prior to 1990.
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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Subpart 2 - OWNERSHIP AS BETWEEN PARTIES AND OTHERS (§§ 15-15-211 — 15-15-216) › Section 15-15-216 - Community property and tenancy by the entireties

(1)
A deposit of community property in an account does not alter the community character of the property or community rights in the property, but a right of survivorship between parties married to each other arising from the express terms of the account or section
15-15-212
may not be altered by will.
(2)
This part 2 does not affect the law governing tenancy by the entireties.
L. 90: Entire article R&RE, p. 915, § 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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Subpart 3 - PROTECTION OF FINANCIAL INSTITUTIONS (§§ 15-15-221 — 15-15-227) › Section 15-15-221 - Authority of financial institution

A financial institution may enter into a contract of deposit for a multiple-party account to the same extent it may enter into a contract of deposit for a single-party account, and may provide for a POD designation and an agency designation in either a single-party account or a multiple-party account. A financial institution need not inquire as to the source of a deposit to an account or as to the proposed application of a payment from an account.
L. 90: Entire article R&RE, p. 915, § 1, effective July 1.
This section is similar to former §15-15-108 as it existed prior to 1990.
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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Subpart 3 - PROTECTION OF FINANCIAL INSTITUTIONS (§§ 15-15-221 — 15-15-227) › Section 15-15-222 - Payment on multiple-party account

A financial institution, on request, may pay sums on deposit in a multiple-party account to:
(1)
One or more of the parties, whether or not another party is disabled, incapacitated, or deceased when payment is requested and whether or not the party making the request survives another party; or
(2)
The personal representative, if any, or, if there is none, the heirs or devisees of a deceased party if proof of death is presented to the financial institution showing that the deceased party was the survivor of all other persons named on the account either as a party or beneficiary, unless the account is without right of survivorship under section
15-15-212
.
L. 90: Entire article R&RE, p. 915, § 1, effective July 1.
This section is similar to former §15-15-109 as it existed prior to 1990.
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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Subpart 3 - PROTECTION OF FINANCIAL INSTITUTIONS (§§ 15-15-221 — 15-15-227) › Section 15-15-223 - Payment on POD designation

A financial institution, on request, may pay sums on deposit in an account with a POD designation to:
(1)
One or more of the parties, whether or not another party is disabled, incapacitated, or deceased when the payment is requested and whether or not a party survives another party;
(2)
The beneficiary or beneficiaries, if proof of death is presented to the financial institution showing that the beneficiary or beneficiaries survived all persons named as parties; or
(3)
The personal representative, if any, or, if there is none, the heirs or devisees of a deceased party, if proof of death is presented to the financial institution showing that the deceased party was the survivor of all other persons named on the account either as a party or beneficiary.
L. 90: Entire article R&RE, p. 915, § 1, effective July 1.
This section is similar to former §15-15-110 as it existed prior to 1990.
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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Subpart 3 - PROTECTION OF FINANCIAL INSTITUTIONS (§§ 15-15-221 — 15-15-227) › Section 15-15-224 - Payment to designated agent

A financial institution, on request of an agent under an agency designation for an account, may pay to the agent sums on deposit in the account, whether or not a party is disabled, incapacitated, or deceased when the request is made or received, and whether or not the authority of the agent terminates on the disability or incapacity of a party.
L. 90: Entire article R&RE, p. 916, § 1, effective July 1.
This section is similar to former §15-15-111 as it existed prior to 1990.
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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Subpart 3 - PROTECTION OF FINANCIAL INSTITUTIONS (§§ 15-15-221 — 15-15-227) › Section 15-15-225 - Payment to minor

If a financial institution is required or permitted to make payment pursuant to this part 2 to a minor designated as a beneficiary, payment may be made pursuant to the "Colorado Uniform Transfers to Minors Act", article
50
of title
11
, C.R.S.
L. 90: Entire article R&RE, p. 916, § 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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Subpart 3 - PROTECTION OF FINANCIAL INSTITUTIONS (§§ 15-15-221 — 15-15-227) › Section 15-15-226 - Discharge

(1)
Payment made pursuant to this part 2 in accordance with the type of account discharges the financial institution from all claims for amounts so paid, whether or not the payment is consistent with the beneficial ownership of the account as between parties, beneficiaries, or their successors. Payment may be made whether or not a party, beneficiary, or agent is disabled, incapacitated, or deceased when payment is requested, received, or made.
(2)
Protection under this section does not extend to payments made after a financial institution has received written notice from a party, or from the personal representative, surviving spouse, or heir or devisee of a deceased party, to the effect that payments in accordance with the terms of the account, including one having an agency designation, should not be permitted, and the financial institution has had a reasonable opportunity to act on it when the payment is made. Unless the notice is withdrawn by the person giving it, the successor of any deceased party must concur in a request for payment if the financial institution is to be protected under this section. Unless a financial institution has been served with process in an action or proceeding, no other notice or other information shown to have been available to the financial institution affects its right to protection under this section.
(3)
A financial institution that receives written notice pursuant to this section or otherwise has reason to believe that a dispute exists as to the rights of the parties may refuse, without liability, to make payments in accordance with the terms of the account.
(4)
Protection of a financial institution under this section does not affect the rights of parties in disputes between themselves or their successors concerning the beneficial ownership of sums on deposit in accounts or payments made from accounts.
L. 90: Entire article R&RE, p. 916, § 1, effective July 1.
This section is similar to former §15-15-112 as it existed prior to 1990.
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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Subpart 3 - PROTECTION OF FINANCIAL INSTITUTIONS (§§ 15-15-221 — 15-15-227) › Section 15-15-227 - Set-off

Without qualifying any other statutory right to set-off or lien and subject to any contractual provision, if a party is indebted to a financial institution, the financial institution has a right to set-off against the account. The amount of the account subject to set-off is the proportion to which the party is, or immediately before death was, beneficially entitled under section
15-15-211
or, in the absence of proof of that proportion, an equal share with all parties.
L. 90: Entire article R&RE, p. 916, § 1, effective July 1.
This section is similar to former §15-15-113 as it existed prior to 1990.
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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 3 - UNIFORM TOD SECURITY REGISTRATION ACT (§§ 15-15-301 — 15-15-311) › Section 15-15-301 - Definitions

In this part 3:
(1)
"Beneficiary form" means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.
(2)
"Register", including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account, including but not limited to an account held on the books of the registering entity, showing ownership of securities.
(3)
"Registering entity" means a person who originates or transfers a security title by registration, and includes a broker, bank, or trust company maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.
(4)
"Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account.
(5)
"Security account" means
(i)
a reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, cash equivalents, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death;
(ii)
an investment management or custody account with a trust company or a trust division of a bank with trust powers, including the securities in the account, a cash balance in the account, and cash, cash equivalents, interest, earnings, or dividends earned or declared on a security in the account, whether or not credited to the account before the owner's death; or
(iii)
a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.
L. 90: Entire article R&RE, p. 917, § 1, effective July 1. L. 2003: (2) and (3) amended, p. 2111, § 5, effective May 22. L. 2004: (5) amended, p. 1535, § 2, effective August 4.
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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 3 - UNIFORM TOD SECURITY REGISTRATION ACT (§§ 15-15-301 — 15-15-311) › Section 15-15-302 - Registration in beneficiary form; sole or joint tenancy ownership

Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common.
L. 90: Entire article R&RE, p. 917, § 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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 3 - UNIFORM TOD SECURITY REGISTRATION ACT (§§ 15-15-301 — 15-15-311) › Section 15-15-303 - Registration in beneficiary form; applicable law

A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
L. 90: Entire article R&RE, p. 917, § 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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 3 - UNIFORM TOD SECURITY REGISTRATION ACT (§§ 15-15-301 — 15-15-311) › Section 15-15-304 - Origination of registration in beneficiary form

A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.
L. 90: Entire article R&RE, p. 918, § 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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 3 - UNIFORM TOD SECURITY REGISTRATION ACT (§§ 15-15-301 — 15-15-311) › Section 15-15-305 - Form of registration in beneficiary form

Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD", or by the words "pay on death" or the abbreviation "POD", after the name of the registered owner and before the name of a beneficiary.
L. 90: Entire article R&RE, p. 918, § 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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 3 - UNIFORM TOD SECURITY REGISTRATION ACT (§§ 15-15-301 — 15-15-311) › Section 15-15-306 - Effect of registration in beneficiary form

The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary.
L. 90: Entire article R&RE, p. 918, § 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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 3 - UNIFORM TOD SECURITY REGISTRATION ACT (§§ 15-15-301 — 15-15-311) › Section 15-15-307 - Ownership on death of owner

On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.
L. 90: Entire article R&RE, p. 918, § 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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 3 - UNIFORM TOD SECURITY REGISTRATION ACT (§§ 15-15-301 — 15-15-311) › Section 15-15-308 - Protection of registering entity

(1)
A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this part 3.
(2)
By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in this part 3.
(3)
A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with section
15-15-307
and does so in good faith reliance (i) on the registration, (ii) on this part 3, and (iii) on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity. The protections of this part 3 do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this part 3.
(4)
The protection provided by this part 3 to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
L. 90: Entire article R&RE, p. 918, § 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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 3 - UNIFORM TOD SECURITY REGISTRATION ACT (§§ 15-15-301 — 15-15-311) › Section 15-15-309 - Nontestamentary transfer on death

(1)
A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this part 3 and is not testamentary.
(2)
Repealed.
L. 90: Entire article R&RE, p. 919, § 1, effective July 1. L. 2006: (2) repealed, p. 391, § 23, 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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 3 - UNIFORM TOD SECURITY REGISTRATION ACT (§§ 15-15-301 — 15-15-311) › Section 15-15-310 - Terms, conditions, and forms for registration

(1)
A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (i) for registrations in beneficiary form, and (ii) for implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for "lineal descendants per stirpes". This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity's terms and conditions.
(2)
The following are illustrations of registrations in beneficiary form which a registering entity may authorize:
(a)
Sole owner-sole beneficiary: John S Brown TOD (or POD) John S Brown Jr.
(b)
Multiple owners-sole beneficiary: John S Brown Mary B Brown JT TEN TOD John S Brown Jr.
(c)
Multiple owners-primary and secondary (substituted) beneficiaries: John S Brown Mary B Brown, JT TEN TOD John S Brown Jr SUB BENE Peter Q Brown or John S Brown Mary B Brown JT TEN TOD John S Brown Jr LDPS.
L. 90: Entire article R&RE, p. 919, § 1, effective July 1. L. 99: (1) amended, p. 622, § 18, effective August 4.
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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 3 - UNIFORM TOD SECURITY REGISTRATION ACT (§§ 15-15-301 — 15-15-311) › Section 15-15-311 - Application of part

This part 3 applies to registrations of securities in beneficiary form made before or after July 1, 1990, by decedents dying on or after July 1, 1990.
L. 90: Entire article R&RE, p. 919, § 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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 4 - TRANSFER OF REAL PROPERTY EFFECTIVE ON DEATH (§§ 15-15-401 — 15-15-415) › Section 15-15-401 - Definitions

As used in this part 4, unless the context otherwise requires:
(1)
"Beneficiary deed" means a deed, subject to revocation by the owner, which conveys an interest in real property and which contains language that the conveyance is to be effective upon the death of the owner and which may be in substantially the form described in section
15-15-404
.
(2)
"Deed" means any instrument of conveyance of real property.
(3)
"Grantee-beneficiary" means one or more persons or entities capable of holding title to real property designated in a beneficiary deed to receive an interest in real property upon the death of the owner. "Grantee-beneficiary" includes, but is not limited to, a successor grantee-beneficiary.
(4)
"Owner" means the grantor of a beneficiary deed.
(5)
"Successor grantee-beneficiary" means the person or entity designated in a beneficiary deed to receive an interest in the property if the primary grantee-beneficiary does not survive the owner.
(6)
(a)
"Transfer", when used as a verb, means to convey.
(b)
"Transfer", when used as a noun, means a conveyance.
L. 2004: Entire part added, p. 727, § 1, effective August 4.
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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 4 - TRANSFER OF REAL PROPERTY EFFECTIVE ON DEATH (§§ 15-15-401 — 15-15-415) › Section 15-15-402 - Real property - beneficiary deed

(1)
In addition to any method allowed by law to effect a transfer at death, title to an interest in real property may be transferred on the death of the owner by recording, prior to the owner's death, a beneficiary deed signed by the owner of such interest, as grantor, designating a grantee-beneficiary of the interest. The transfer by a beneficiary deed shall be effective only upon the death of the owner. A beneficiary deed need not be supported by consideration.
(2)
The joinder, signature, consent, or agreement of, or notice to, a grantee-beneficiary of a beneficiary deed prior to the death of the grantor shall not be required. Subject to the right of the grantee-beneficiary to disclaim or refuse to accept the property, the conveyance shall be effective upon the death of the owner.
(3)
During the lifetime of the owner, the grantee-beneficiary shall have no right, title, or interest in or to the property, and the owner shall retain the full power and authority with respect to the property without the joinder, signature, consent, or agreement of, or notice to, the grantee-beneficiary for any purpose.
L. 2004: Entire part added, p. 728, § 1, effective August 4.
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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 4 - TRANSFER OF REAL PROPERTY EFFECTIVE ON DEATH (§§ 15-15-401 — 15-15-415) › Section 15-15-403 - Medicaid eligibility exclusion

No person who is an applicant for or recipient of medical assistance for which it would be permissible for the department of health care policy and financing to assert a claim pursuant to section
25.5-4-301
or
25.5-4-302
, C.R.S., shall be entitled to such medical assistance if the person has in effect a beneficiary deed. Notwithstanding the provisions of section
15-15-402 (1)
, the execution of a beneficiary deed by an applicant for or recipient of medical assistance as described in this section shall cause the property to be considered a countable resource in accordance with section
25.5-4-302 (6)
, C.R.S., and applicable rules.
L. 2004: Entire part added, p. 728, § 1, effective August 4. L. 2006: Entire section amended, p. 2004, § 55, effective July 1.