reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 3 - UNCLAIMED HUMAN BODIES (§§ 15-19-301 — 15-19-309) › Section 15-19-301 - Board for distribution of unclaimed human bodies - rules

(1)
The deans and the heads of the departments of anatomy and surgery of the accredited medical and dental schools of this state are constituted a board for the distribution and delivery of unclaimed dead human bodies, described in this part 3, to and among such institutions that, under the provisions of this part 3, are entitled to distribution. The board has full power to establish rules for its government, and to appoint and remove officers, and shall keep full and complete minutes of its transactions. Records shall also be kept, under its direction, of all bodies received and distributed by the board, and of the institutions to which the same may be distributed. The minutes and records shall be open at all times to the inspection of each member of the board and of any district attorney of any county within this state. The name of the board of distribution shall be the anatomical board of the state of Colorado, called, in this part 3, the "anatomical board". The anatomical board, in its discretion, may exempt any counties or other districts from the provisions of this part 3 for any calendar year by the rules of the board issued for that year.
(2)
Repealed.
Renumbered from C.R.S. § 12-34-201 and amended by 2017 Ch. 158,§ 1, eff. 8/9/2017.
This section is similar to former § 12-34-201 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 3 - UNCLAIMED HUMAN BODIES (§§ 15-19-301 — 15-19-309) › Section 15-19-303 - Claiming of body - publication of notice

After an unclaimed body has been received by the anatomical board or its duly authorized agent, and has been preserved and stored, the body may be claimed within twenty days after death by relatives, friends, or fraternal or charitable organizations for burial or cremation at the expense of the claimant, and the body shall be surrendered to the claimant without charge of any character. During the twenty-day period the board shall publish at least two notices in a newspaper of general circulation, published in the county in which the death occurred or in which the body was first discovered, stating that the body is unclaimed and giving the name of the deceased if it is known. The notice shall be published in the name of the coroner of the county.
Renumbered from C.R.S. § 12-34-203 and amended by 2017 Ch. 158,§ 1, eff. 8/9/2017.
This section is similar to former § 12-34-203 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 3 - UNCLAIMED HUMAN BODIES (§§ 15-19-301 — 15-19-309) › Section 15-19-304 - Disposition of all or any portion of body after death - nonliability

(1)
A person has a right during his or her lifetime to provide for the disposition of all or any portion of his or her body upon his or her death.
(2)
No cause of action for damages shall accrue to any person arising out of the removal of all or any portion of the body of any deceased person if the deceased person has, prior to the time of his or her death, executed a written consent to removal, and the person against whom the cause of action is alleged had no actual knowledge of any revocation of such consent.
(3)
The anatomical board, or its duly authorized agent, is authorized to receive and distribute dead human bodies or parts thereof bequeathed or donated to it for the advancement of medical and anatomical sciences in the same manner as is now provided by law for the receipt and distribution of unclaimed dead human bodies; except that no publication of notice as required by section
15-19-303
shall be required.
Renumbered from C.R.S. § 12-34-204 and amended by 2017 Ch. 158,§ 1, eff. 8/9/2017.
This section is similar to former § 12-34-204 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 3 - UNCLAIMED HUMAN BODIES (§§ 15-19-301 — 15-19-309) › Section 15-19-305 - Unlawful to hold autopsy

It is unlawful for any person to hold an autopsy on any dead human body mentioned in this part 3, except on the request of the district attorney of the district where the body is located, without the written, telegraphic, or telephonic consent of the secretary of the anatomical board, such telegraphic or telephonic consent to be verified by written consent.
Renumbered from C.R.S. § 12-34-205 and amended by 2017 Ch. 158,§ 1, eff. 8/9/2017.
This section is similar to former § 12-34-205 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 3 - UNCLAIMED HUMAN BODIES (§§ 15-19-301 — 15-19-309) › Section 15-19-306 - Holding of body for twenty days

The anatomical board, or its duly authorized agent, shall take and receive any unclaimed bodies so delivered, and, after holding the bodies for a period of twenty days to determine if the bodies are claimed, shall distribute and deliver the unclaimed bodies on requisition to and among the institutions mentioned in this part 3, to be used for anatomical purposes as the institutions shall determine.
Renumbered from C.R.S. § 12-34-206 and amended by 2017 Ch. 158,§ 1, eff. 8/9/2017.
This section is similar to former § 12-34-206 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 3 - UNCLAIMED HUMAN BODIES (§§ 15-19-301 — 15-19-309) › Section 15-19-307 - Disposition of remains

After the institutions to which the unclaimed bodies have been distributed by the anatomical board have completed the scientific study of the unclaimed bodies, the remains thereof shall in every case be disposed of by burial or cremation.
Renumbered from C.R.S. § 12-34-207 and amended by 2017 Ch. 158,§ 1, eff. 8/9/2017.
This section is similar to former § 12-34-207 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 3 - UNCLAIMED HUMAN BODIES (§§ 15-19-301 — 15-19-309) › Section 15-19-308 - Expense to be borne by institutions

Neither the county, municipality, nor any officer, agent, or servant thereof shall incur any expense by reason of the delivery or distribution of any unclaimed body, but all the expenses thereof and of the anatomical board shall be borne by those institutions receiving the unclaimed bodies in the manner determined by the board.
Renumbered from C.R.S. § 12-34-208 and amended by 2017 Ch. 158,§ 1, eff. 8/9/2017.
This section is similar to former § 12-34-208 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Article 19 - TREATMENT OF HUMAN BODIES AFTER DEATH (§§ 15-19-101 — 15-19-309) › Part 3 - UNCLAIMED HUMAN BODIES (§§ 15-19-301 — 15-19-309) › Section 15-19-309 - Penalty

Any person having duties enjoined upon him or her by the provisions of this part 3 who neglects, refuses, or omits to perform the same as required in this part 3 commits a civil infraction.
Amended by 2021 Ch. 462,§164, eff. 3/1/2022.
Renumbered from C.R.S. § 12-34-209 and amended by 2017 Ch. 158,§1, eff. 8/9/2017.
(1) This section is similar to former § 12-34-209 as it existed prior to 2017.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COMMUNITY PROPERTY RIGHTS (§§ 15-20-101 — 15-20-116) › Article 20 - UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 15-20-101 — 15-20-116) › Section 15-20-101 - Short title

This article 20 shall be known and may be cited as the "Uniform Community Property Disposition at Death Act", which is also referred to as "this act" or "act" within this article 20.
Amended by 2023 Ch. 30, § 1, eff. 7/1/2023.
L. 73: p. 1655, § 1. C.R.S. 1963: § 153-22-11.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COMMUNITY PROPERTY RIGHTS (§§ 15-20-101 — 15-20-116) › Article 20 - UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 15-20-101 — 15-20-116) › Section 15-20-102 - Definitions

In this article 20:
(1)
"Community property spouse" means an individual in a marriage or other relationship under which community property could be acquired during the existence of the relationship and that remains in existence at the time of death of either party to the relationship.
(2)
"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(3)
"Jurisdiction" means the United States, a state, a foreign country, or a political subdivision of a foreign country.
(4)
"Partition" means to voluntarily divide property to which this act otherwise would apply.
(5)
"Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(6)
"Personal representative" means an executor, administrator, successor personal representative, special administrator, and other person that performs substantially the same function.
(7)
"Property" means anything that may be the subject of ownership, whether real or personal, tangible or intangible, legal or equitable, or any interest therein.
(8)
"Reclassify" means a change in the characterization or treatment of community property to property owned separately by a community property spouse.
(9)
"Record" means information inscribed on a tangible medium or stored in an electronic or other medium and retrievable in perceivable form.
(10)
"Sign" means, with present intent to authenticate or adopt a record, to execute or adopt a tangible symbol or attach to or logically associate with the record an electronic symbol.
(11)
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe.
Amended by 2023 Ch. 30, § 1, eff. 7/1/2023.
L. 73: p. 1653, § 1. C.R.S. 1963: § 153-22-1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COMMUNITY PROPERTY RIGHTS (§§ 15-20-101 — 15-20-116) › Article 20 - UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 15-20-101 — 15-20-116) › Section 15-20-103 - Included and excluded property

(1)
Subject to subsection (3)(b) of this section, this act applies to the following property of a community property spouse, without regard to how the property is titled or held:
(a)
If a decedent was domiciled in this state at the time of death:
(I)
All or a proportionate part of each item of personal property, wherever located, that was community property under the law of the jurisdiction where the decedent or the surviving community property spouse was domiciled when the property:
(A)
Was acquired; or
(B)
After acquisition, became community property;
(II)
Income, rent, profit, appreciation, or other increase derived from or traceable to property described in subsection (1)(a)(I) of this section; and
(III)
Personal property traceable to property described in subsection (1)(a)(I) or (1)(a)(II) of this section.
(2)
If community property spouses acquired community property by complying with the law of a jurisdiction that allows for creation of community property by transfer of property to a trust, this act applies to the property to the extent the property is held in the trust or characterized as community property by the terms of the trust or the law of the jurisdiction under which the trust was created.
(3)
This act does not apply to property that:
(a)
Community property spouses have partitioned or reclassified;
(b)
Is the subject of a waiver of rights granted by this act; or
(c)
Is acquired by spouses domiciled in this state that is not property identified in subsections (1) and (2) of this section.
Amended by 2023 Ch. 30, § 1, eff. 7/1/2023.
L. 73: p. 1653, § 1. C.R.S. 1963: § 153-22-2.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COMMUNITY PROPERTY RIGHTS (§§ 15-20-101 — 15-20-116) › Article 20 - UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 15-20-101 — 15-20-116) › Section 15-20-104 - Form of partition, reclassification, or waiver

(1)
Community property spouses domiciled in this state may partition or reclassify property to which this act would otherwise apply. The partition or reclassification must be in a record signed by community property spouses.
(2)
A community property spouse domiciled in this state may waive a right granted by this act only by complying with the law of this state, including this state's choice-of-law rules, applicable to waiver of a spousal property right.
Amended by 2023 Ch. 30, § 1, eff. 7/1/2023.
L. 73: pp. 1651, 1654, §§ 1, 22. C.R.S. 1963: § 153-22-3.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COMMUNITY PROPERTY RIGHTS (§§ 15-20-101 — 15-20-116) › Article 20 - UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 15-20-101 — 15-20-116) › Section 15-20-105 - Community property presumption

All property acquired by a community property spouse when domiciled in a jurisdiction where community property then could be acquired by the community property spouse by operation of law is presumed to be community property. This presumption may be rebutted by a preponderance of the evidence.
Amended by 2023 Ch. 30, § 1, eff. 7/1/2023.
L. 73: p. 1654, § 1. C.R.S. 1963: § 153-22-4.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COMMUNITY PROPERTY RIGHTS (§§ 15-20-101 — 15-20-116) › Article 20 - UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 15-20-101 — 15-20-116) › Section 15-20-106 - Disposition of property at death

(1)
One-half of the property to which this act applies belongs to the surviving community property spouse of a decedent and is not subject to disposition by the decedent at death or distribution under the laws of succession of this state as a result of the decedent's death.
(2)
One-half of the property to which this act applies belongs to the decedent and is subject to disposition by the decedent at death.
(3)
For purposes of calculating the augmented estate of the decedent and the elective-share right of the surviving community property spouse:
(a)
Property under subsection (1) of this section is property of the surviving community property spouse; and
(b)
Property under subsection (2) of this section is property of the decedent.
(4)
Except for the purpose of calculating the augmented estate of the decedent and the elective share right of the surviving community property spouse pursuant to part 2 of article
11
of this title 15, this section does not apply to property transferred by right of survivorship or under a revocable trust or other nonprobate transfer.
(5)
This section does not limit the right of a surviving community property spouse to the statutory allowances pursuant to sections
15-11-402
,
15-11-403
, and
15-11-404
.
(6)
If at death a decedent purports to transfer to a third person, property that, under this section, belongs to the surviving community property spouse and transfers other property to the surviving community property spouse, this section does not limit the authority of the court under other law of this state to require that the community property spouse elect between retaining the property transferred to the community property spouse or asserting rights under this act.
Amended by 2023 Ch. 30, § 1, eff. 7/1/2023.
L. 73: p. 1654, § 1. C.R.S. 1963: § 153-22-5.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COMMUNITY PROPERTY RIGHTS (§§ 15-20-101 — 15-20-116) › Article 20 - UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 15-20-101 — 15-20-116) › Section 15-20-107 - Other remedies available at death

(1)
Upon the death of a community property spouse, the surviving community property spouse or a personal representative, heir, or nonprobate transferee of the decedent may assert a right based on an act of:
(a)
The surviving community spouse or decedent during the marriage or other relationship under which community property then could be acquired; or
(b)
The decedent that takes effect at the death of the decedent.
(2)
In determining a right pursuant to subsection (1)(a) of this section, and a corresponding remedy, the court:
(a)
Shall apply equitable principles; and
(b)
May consider the community property law of the jurisdiction where the decedent or surviving community property spouse was domiciled when property was acquired or enhanced.
Amended by 2023 Ch. 30, § 1, eff. 7/1/2023.
L. 73: p. 1655, § 1. C.R.S. 1963: § 153-22-6.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COMMUNITY PROPERTY RIGHTS (§§ 15-20-101 — 15-20-116) › Article 20 - UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 15-20-101 — 15-20-116) › Section 15-20-108 - Right of surviving community property spouse

(1)
The surviving community property spouse of the decedent may assert a claim for relief with respect to a right under this act in accordance with the following:
(a)
In an action asserting a right in or to property, the surviving community property spouse must:
(I)
Commence an action against an heir, devisee, or nonprobate transferee of the decedent that is in possession of the property not later than three years after the death of the decedent; or
(II)
After the appointment of the personal representative of the decedent, send a demand in a record to the personal representative not later than the time periods set forth in section
15-12-803
; and
(b)
In an action other than an action pursuant to subsection (1)(a) of this section, the surviving community property spouse must:
(I)
After the appointment of the personal representative of the decedent, send a demand in record to the personal representative not later than the time periods set forth in section
15-12-803
; or
(II)
If a personal representative is not appointed, commence an action not later than three years after the death of the decedent.
(2)
Unless a timely demand is made under subsection (1)(a)(I) or (1)(b)(I) of this section, the personal representative may distribute the assets of the decedent's estate without personal liability for a community property spouse's claim under this act.
Amended by 2023 Ch. 30, § 1, eff. 7/1/2023.
L. 73: p. 1655, § 1. C.R.S. 1963: § 153-22-7.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COMMUNITY PROPERTY RIGHTS (§§ 15-20-101 — 15-20-116) › Article 20 - UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 15-20-101 — 15-20-116) › Section 15-20-109 - Right of heir, devisee, or nonprobate transferee

(1)
An heir, devisee, or nonprobate transferee of a deceased community property spouse may assert a claim for relief with respect to a right under this act pursuant to the following rules:
(a)
In an action asserting a right in or to property, the heir, devisee, or nonprobate transferee must:
(I)
Commence an action against the surviving community property spouse of the decedent who is in possession of the property, not later than three years after the death of the decedent; or
(II)
Send a demand in a record to the personal representative, not later than the time periods set forth in section
15-12-803
.
(b)
In an action other than an action pursuant to subsection (1)(a) of this section, the heir, devisee, or nonprobate transferee must:
(I)
Send a demand in a record to the personal representative, not later than the time periods set forth in section
15-12-803
after the appointment of the personal representative of the decedent; or
(II)
If a personal representative is not appointed, commence the action not later than three years after the death of the decedent.
(2)
Unless a timely demand is made under subsection (1)(a)(II) or (1)(b)(I) of this section, the personal representative may distribute the assets of the decedent's estate without personal liability for an heir's, devisee's, or nonprobate transferee's claim under this act.
Amended by 2023 Ch. 30, § 1, eff. 7/1/2023.
L. 73: p. 1655, § 1. C.R.S. 1963: § 153-22-8.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COMMUNITY PROPERTY RIGHTS (§§ 15-20-101 — 15-20-116) › Article 20 - UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 15-20-101 — 15-20-116) › Section 15-20-110 - Protection of third person

(1)
With respect to property to which this act applies, a person is not liable under this act to the extent the person:
(a)
Transacts in good faith and for value:
(I)
With a community property spouse;
(II)
After the death of the decedent, with a surviving community property spouse, personal representative, heir, devisee, or nonprobate transferee of the decedent; or
(III)
With a fiduciary acting on behalf of any such person, or a trustee of a trust holding community property; and
(b)
Does not know or have reason to know that the other party to the transaction is exceeding or improperly exercising the party's authority.
(2)
Good faith under subsection (1)(a) of this section does not require the person to inquire into the extent or propriety of the exercise of authority by the other party to the transaction.
Amended by 2023 Ch. 30, § 1, eff. 7/1/2023.
L. 73: p. 1655, § 1. C.R.S. 1963: § 153-22-9.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COMMUNITY PROPERTY RIGHTS (§§ 15-20-101 — 15-20-116) › Article 20 - UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 15-20-101 — 15-20-116) › Section 15-20-111 - Principles of law and equity

The principles of law and equity supplement this act except to the extent inconsistent with this act.
Amended by 2023 Ch. 30, § 1, eff. 7/1/2023.
L. 73: p. 1655, § 1. C.R.S. 1963: § 153-22-10.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COMMUNITY PROPERTY RIGHTS (§§ 15-20-101 — 15-20-116) › Article 20 - UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 15-20-101 — 15-20-116) › Section 15-20-112 - Uniformity of application and construction

In applying and construing this act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it.
Added by 2023 Ch. 30, § 1, eff. 7/1/2023.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COMMUNITY PROPERTY RIGHTS (§§ 15-20-101 — 15-20-116) › Article 20 - UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 15-20-101 — 15-20-116) › Section 15-20-113 - Saving provision

If a right with respect to property to which this act applies is acquired, extinguished, or barred on the expiration of a limitation period that began to run under another statute before the effective date of this act, that statute continues to apply to the right even if the statute has been repealed or superseded by this act.
Added by 2023 Ch. 30, § 1, eff. 7/1/2023.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COMMUNITY PROPERTY RIGHTS (§§ 15-20-101 — 15-20-116) › Article 20 - UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 15-20-101 — 15-20-116) › Section 15-20-114 - Transitional provision

Except as provided in section
15-20-113
, this act applies to a judicial proceeding with respect to property to which this act applies commenced on or after the effective date of this act, regardless of the date of death of the decedent.
Added by 2023 Ch. 30, § 1, eff. 7/1/2023.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COMMUNITY PROPERTY RIGHTS (§§ 15-20-101 — 15-20-116) › Article 20 - UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 15-20-101 — 15-20-116) › Section 15-20-115 - Severability

If a provision of this act or its application to a person or circumstance is held invalid, the validity does not affect another provision or application that can be given effect without the invalid provision.
Added by 2023 Ch. 30, § 1, eff. 7/1/2023.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COMMUNITY PROPERTY RIGHTS (§§ 15-20-101 — 15-20-116) › Article 20 - UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 15-20-101 — 15-20-116) › Section 15-20-116 - Effective date

This act takes effect July 1, 2023.
Added by 2023 Ch. 30, § 1, eff. 7/1/2023.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › DESIGNATED BENEFICIARY AGREEMENTS (§§ 15-22-101 — 15-22-112) › Article 22 - DESIGNATED BENEFICIARY AGREEMENTS (§§ 15-22-101 — 15-22-112) › Section 15-22-101 - Short title

This article shall be known and may be cited as the "Colorado Designated Beneficiary Agreement Act".
L. 2009: Entire article added, (HB 09-1260), ch. 107, p. 428, §1, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › DESIGNATED BENEFICIARY AGREEMENTS (§§ 15-22-101 — 15-22-112) › Article 22 - DESIGNATED BENEFICIARY AGREEMENTS (§§ 15-22-101 — 15-22-112) › Section 15-22-102 - Legislative declaration

(1)
The general assembly finds and determines that:
(a)
Not all Coloradans are adequately protected by the provisions of the "Colorado Probate Code", articles
10
to
17
of this title, and other provisions of Colorado law. Current state and federal laws present impediments and disincentives for people wishing to avail themselves of the protections of this title.
(b)
Beyond legal impediments, people often fail to plan for their own mortality. Studies have found that significant numbers of Americans do not have a valid will, and even fewer have executed powers of attorney or other estate planning documents.
(c)
A body of law has been enacted to operate by default in situations in which individuals do not prepare estate plans. However, failure to plan for disability, incapacity, or death places people at the mercy of state laws that may vest the power to act in such situations in persons other than those they would wish to have exercise those powers. Many lack access to legal services due to the expense of drafting legal instruments and the necessity to keep these documents current.
(d)
The power of individuals to care for one another and take action to be personally responsible for themselves and their loved ones is of tremendous societal benefit, enabling self-determination and reducing reliance on public programs and services.
(2)
Therefore, the general assembly declares that:
(a)
The public policy of the state should encourage residents to execute appropriate legal documents to effectuate their wishes;
(b)
The purposes of this article are to:
(I)
Make existing laws relating to health care, medical emergencies, incapacity, death, and administration of decedent's estates available to more persons through a process of documenting designated beneficiary agreements; and
(II)
Allow individuals to elect to have certain default provisions in state statutes provide rights, benefits, and protections to a designated beneficiary in situations in which no valid and enforceable estate planning documents exist.
(c)
It is the intent of the general assembly that this article be liberally construed to give effect to the purposes stated in this article.
L. 2009: Entire article added, (HB 09-1260), ch. 107, p. 428, §1, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › DESIGNATED BENEFICIARY AGREEMENTS (§§ 15-22-101 — 15-22-112) › Article 22 - DESIGNATED BENEFICIARY AGREEMENTS (§§ 15-22-101 — 15-22-112) › Section 15-22-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Designated beneficiary" means a person who has entered into a designated beneficiary agreement pursuant to this article.
(2)
"Designated beneficiary agreement" means an agreement that is entered into pursuant to this article by two people for the purpose of designating each person as the beneficiary of the other person and for the purpose of ensuring that each person has certain rights and financial protections based upon the designation.
(3)
"Superseding legal document" means a legal document, regardless of the date of execution, that is valid and enforceable and conflicts with all or a portion of a designated beneficiary agreement and, therefore, causes the designated beneficiary agreement in whole or in part to be replaced or set aside. To the extent there is a conflict between a superseding legal document and a designated beneficiary agreement, the superseding legal document controls. A superseding legal document may include, but need not be limited to, any of the following:
(a)
A will;
(b)
A codicil;
(c)
A power of attorney;
(d)
A medical durable power of attorney;
(e)
A trust instrument;
(f)
A beneficiary designation in an insurance policy or policy of health-care coverage;
(g)
A beneficiary designation in a retirement or pension plan;
(h)
A beneficiary designation for a deposit or account, including but not limited to demand, savings, and time deposit accounts;
(i)
A declaration as to medical treatment executed pursuant to article
18
of this title;
(j)
A declaration as to disposition of last remains executed pursuant to article
19
of this title;
(k)
A marriage license; or
(l)
A civil union certificate.
Amended by 2013 Ch. 49,§ 22, eff. 5/1/2013.
L. 2009: Entire article added, (HB 09-1260), ch. 107, p. 429, §1, effective July 1. L. 2013: (3)(j) and (3)(k) amended and (3)(l) added, (SB 13-011), ch. 49, p. 166, § 22, effective May 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › DESIGNATED BENEFICIARY AGREEMENTS (§§ 15-22-101 — 15-22-112) › Article 22 - DESIGNATED BENEFICIARY AGREEMENTS (§§ 15-22-101 — 15-22-112) › Section 15-22-104 - Requirements for a valid designated beneficiary agreement

(1)
A designated beneficiary agreement shall be legally recognized if:
(a)
The parties to the designated beneficiary agreement satisfy all of the following criteria:
(I)
Both are at least eighteen years of age;
(II)
Both are competent to enter into a contract;
(III)
Neither party is married to another person;
(III.5)
Neither party is a party to a civil union;
(IV)
Neither party is a party to another designated beneficiary agreement; and
(V)
Both parties enter into the designated beneficiary agreement without force, fraud, or duress; and
(b)
The agreement is in substantial compliance with the requirements set forth in this article. For purposes of this article, "substantial compliance" shall mean that the agreement includes the disclaimer contained in section
15-22-106
, the instructions and headings about how to grant or withhold a right or protection, the statements about the effective date of the agreement and how to record the agreement, the signatures for the two parties, and the acknowledgments for the notary public.
(2)
A designated beneficiary agreement is legally sufficient under this article if:
(a)
The wording of the designated beneficiary agreement complies substantially with the standard form set forth in section
15-22-106(1)
and the form is in compliance with the requirements of section
30-10-406(3)
, C.R.S.;
(b)
The designated beneficiary agreement is properly completed and signed;
(c)
The designated beneficiary agreement is acknowledged; and
(d)
The designated beneficiary agreement is recorded with a county clerk and recorder as provided in section
15-22-107
.
Amended by 2013 Ch. 49,§ 23, eff. 5/1/2013.
L. 2009: Entire article added, (HB 09-1260), ch. 107, p. 430, §1, effective July 1. L. 2013: (1)(a) amended, (SB 13-011), ch. 49, p. 167, § 23, effective May 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › DESIGNATED BENEFICIARY AGREEMENTS (§§ 15-22-101 — 15-22-112) › Article 22 - DESIGNATED BENEFICIARY AGREEMENTS (§§ 15-22-101 — 15-22-112) › Section 15-22-107 - Recording - duties of the county clerk and recorder - fee

(1)
A signed and acknowledged designated beneficiary agreement shall be recorded with the county clerk and recorder in the county in which one of the parties resides. The designated beneficiary agreement shall be effective as of the date and time as received for recording by the county clerk and recorder. The county clerk and recorder shall assess a recording fee for recording the designated beneficiary agreement in that county, a fee for issuing two certified copies of the designated beneficiary agreement that indicate the date and time of recording with the county, and a fee for taking acknowledgments, if applicable, as provided in section
30-1-103
, C.R.S. All fees collected by the county clerk and recorder shall be deposited in the county clerk's fee fund maintained as required in section
30-1-119
, C.R.S. The county clerk and recorder may require the person recording the designated beneficiary agreement to indicate the mailing address to which the original document should be returned after recording.
(2)
The clerk and recorder of the county is encouraged to make available copies of the statutory forms as prescribed in sections
15-22-106
and
15-22-111
.
(3)
The clerk and recorder of the county shall have the following duties:
(a)
To indicate on the designated beneficiary agreement or a revocation of a designated beneficiary agreement the date and time that it is recorded with the clerk and recorder;
(b)
To issue two certified copies of the recorded designated beneficiary agreement that indicate the date and time of the recording;
(c)
To issue replacement certified copies of a designated beneficiary agreement or a revocation of a designated beneficiary agreement upon payment of a replacement fee.
(4)
Designated beneficiary agreements and revocations of designated beneficiary agreements shall be considered open records for purposes of part 2 of article
72
of title
24
, C.R.S.
L. 2009: Entire article added, (HB 09-1260), ch. 107, p. 436, §1, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › DESIGNATED BENEFICIARY AGREEMENTS (§§ 15-22-101 — 15-22-112) › Article 22 - DESIGNATED BENEFICIARY AGREEMENTS (§§ 15-22-101 — 15-22-112) › Section 15-22-108 - Designated beneficiary agreement - effect on other legal documents

Execution of a designated beneficiary agreement shall not constitute evidence of an intent to revoke a prior will or codicil nor shall it affect any beneficiary designation, transfer, or bequest contained in any other legal documents.
L. 2009: Entire article added, (HB 09-1260), ch. 107, p. 437, §1, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › DESIGNATED BENEFICIARY AGREEMENTS (§§ 15-22-101 — 15-22-112) › Article 22 - DESIGNATED BENEFICIARY AGREEMENTS (§§ 15-22-101 — 15-22-112) › Section 15-22-109 - Affirmation of validity of designated beneficiary agreement

A person exercising rights or protections pursuant to a designated beneficiary agreement shall affirm the validity of a designated beneficiary agreement and disclose any knowledge of any superseding legal documents.
L. 2009: Entire article added, (HB 09-1260), ch. 107, p. 437, §1, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › DESIGNATED BENEFICIARY AGREEMENTS (§§ 15-22-101 — 15-22-112) › Article 22 - DESIGNATED BENEFICIARY AGREEMENTS (§§ 15-22-101 — 15-22-112) › Section 15-22-110 - Reliance - immunity

A third party who acts in good faith reliance on the affirmation of the existence of a valid designated beneficiary agreement shall not be subject to civil liability or administrative discipline for such reliance.
L. 2009: Entire article added, (HB 09-1260), ch. 107, p. 437, §1, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › DESIGNATED BENEFICIARY AGREEMENTS (§§ 15-22-101 — 15-22-112) › Article 22 - DESIGNATED BENEFICIARY AGREEMENTS (§§ 15-22-101 — 15-22-112) › Section 15-22-112 - Death of a designated beneficiary - effect on designated beneficiary agreement

(1)
A designated beneficiary agreement is terminated upon the death of either of the parties to the designated beneficiary agreement; however, a right or power which a designated beneficiary agreement conferred upon a designated beneficiary survives the death of the other designated beneficiary.
(2)
A party to a designated beneficiary agreement who survives a designated beneficiary may enter into a designated beneficiary agreement with a different person so long as it meets the requirements of this article.
L. 2009: Entire article added, (HB 09-1260), ch. 107, p. 438, §1, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › ABANDONED ESTATE PLANNING DOCUMENTS (§§ 15-23-101 — 15-24-403) › Article 23 - COLORADO ELECTRONIC PRESERVATION OF ABANDONED ESTATE PLANNING DOCUMENTS ACT (§§ 15-23-101 — 15-23-122) › Section 15-23-101 - Short title

The short title of this article 23 is the "Colorado Electronic Preservation of Abandoned Estate Planning Documents Act".
Amended by 2020 Ch. 293,§2, eff. 7/13/2020.
Added by 2019 Ch. 252,§1, eff. 1/1/2023.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › ABANDONED ESTATE PLANNING DOCUMENTS (§§ 15-23-101 — 15-24-403) › Article 23 - COLORADO ELECTRONIC PRESERVATION OF ABANDONED ESTATE PLANNING DOCUMENTS ACT (§§ 15-23-101 — 15-23-122) › Section 15-23-102 - Legislative declaration

(1)
The general assembly finds and declares that:
(a)
Abandoned original estate planning documents are in the custody of professionals who are unable to locate the creators of the documents;
(b)
Creating a central repository for these documents would be in the best interests of the custodians and creators of these documents and the creators' representatives who may later be in need of the documents;
(c)
The judicial department is an appropriate repository for the documents;
(d)
Economics dictate and technology permits conversion of original estate planning documents into electronic versions of the originals as reliable substitutes for the originals; and
(e)
Custodians are in the best position to certify the authenticity of original estate planning documents before their conversion to electronic format and filing with the judicial department.
(2)
Therefore, the general assembly declares that:
(a)
Public policy of this state should encourage a custodian of an abandoned original estate planning document to certify the document as such and, after making a good-faith effort to locate the creator of the document, convert it to an electronic format and file the electronic record of the document with the judicial department;
(b)
The judicial department should maintain the electronic record of each document filed with it under this article 23 and furnish a certified copy thereof to individuals and entities reasonably entitled thereto upon proof of identity and entitlement;
(c)
A certified copy of an electronic record maintained in the judicial department should be accorded the same status as the abandoned original estate planning document; and
(d)
It is the intent of the general assembly that this article 23 be liberally construed to give effect to the purposes stated in this article 23.
Amended by 2020 Ch. 293,§2, eff. 7/13/2020.
Added by 2019 Ch. 252,§1, eff. 1/1/2023.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › ABANDONED ESTATE PLANNING DOCUMENTS (§§ 15-23-101 — 15-24-403) › Article 23 - COLORADO ELECTRONIC PRESERVATION OF ABANDONED ESTATE PLANNING DOCUMENTS ACT (§§ 15-23-101 — 15-23-122) › Section 15-23-104 - Applicability

(1)
Subject to subsection (2) of this section, this article 23 applies to an original estate planning document created before, on, or after January 1, 2023.
(2)
This article 23 does not apply to an original estate planning document of a creator whose location is known to the custodian unless the creator fails to take possession of the document and the custodian has complied with the requirements of section
15-23-105
.
(3)
A custodian that complies with the provisions of this article 23 concerning an original estate planning document is not subject to the requirements of the "Unclaimed Property Act", article
13
of title
38
, concerning that original document.
(4)
Nothing in this article 23 abrogates the duties imposed by sections
15-10-111
and
15-11-516
.
Amended by 2020 Ch. 293,§ 2, eff. 7/13/2020.
Amended by 2020 Ch. 293,§ 1, eff. 7/13/2020.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › ABANDONED ESTATE PLANNING DOCUMENTS (§§ 15-23-101 — 15-24-403) › Article 23 - COLORADO ELECTRONIC PRESERVATION OF ABANDONED ESTATE PLANNING DOCUMENTS ACT (§§ 15-23-101 — 15-23-122) › Section 15-23-105 - Transfer of possession to creator

(1)
Before filing an electronic estate planning document with the state court administrator as provided in this article 23, the custodian shall attempt to transfer possession of the original estate planning document to the creator after a diligent search.
(2)
(a)
If the attempt to transfer the original document to the creator after a diligent search is not successful, the custodian shall send a letter to the last mailing address of the creator known to the custodian by first-class mail or certified mail return receipt requested, notifying the creator that if the creator does not take possession of the original document within ninety days after the date of mailing, the custodian will file an electronic copy of the original document with the state court administrator and destroy the original document.
(b)
In the case of an original document found in a safe deposit box, the custodian may send the letter required by this subsection (2) addressed to the creator "in care of" the lessee or lessees of the safe deposit box at the mailing address of the lessee or lessees last known to the custodian.
Amended by 2020 Ch. 293,§2, eff. 7/13/2020.
Added by 2019 Ch. 252,§1, eff. 1/1/2023.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › ABANDONED ESTATE PLANNING DOCUMENTS (§§ 15-23-101 — 15-24-403) › Article 23 - COLORADO ELECTRONIC PRESERVATION OF ABANDONED ESTATE PLANNING DOCUMENTS ACT (§§ 15-23-101 — 15-23-122) › Section 15-23-106 - Preservation of an abandoned original estate planning document after diligent search

If the creator of an original estate planning document cannot be located or does not take possession of the original document as provided in section
15-23-105
and if the custodian is neither able nor required to transfer possession of the original document to someone other than the creator under applicable law other than this article 23, the original document is deemed abandoned for the purposes of this article 23, and the custodian may preserve the original document electronically as provided in this article 23.
Amended by 2020 Ch. 293,§2, eff. 7/13/2020.
Added by 2019 Ch. 252,§1, eff. 1/1/2023.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › ABANDONED ESTATE PLANNING DOCUMENTS (§§ 15-23-101 — 15-24-403) › Article 23 - COLORADO ELECTRONIC PRESERVATION OF ABANDONED ESTATE PLANNING DOCUMENTS ACT (§§ 15-23-101 — 15-23-122) › Section 15-23-107 - Privilege

Subject to applicable law other than this article 23, if an original estate planning document is privileged pursuant to section
13-90-107(1)(b)
, the corresponding electronic estate planning document filed with the state court administrator as provided in this article 23 remains privileged.
Amended by 2020 Ch. 293,§2, eff. 7/13/2020.
Added by 2019 Ch. 252,§1, eff. 1/1/2023.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › ABANDONED ESTATE PLANNING DOCUMENTS (§§ 15-23-101 — 15-24-403) › Article 23 - COLORADO ELECTRONIC PRESERVATION OF ABANDONED ESTATE PLANNING DOCUMENTS ACT (§§ 15-23-101 — 15-23-122) › Section 15-23-108 - Exculpation of custodian

A custodian is not liable to a person for an action taken under this article 23 or for a failure to act as provided in this article 23 unless the action or failure to act is shown to have resulted from the custodian's bad faith, gross negligence, or intentional misconduct.
Amended by 2020 Ch. 293,§2, eff. 7/13/2020.
Added by 2019 Ch. 252,§1, eff. 1/1/2023.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › ABANDONED ESTATE PLANNING DOCUMENTS (§§ 15-23-101 — 15-24-403) › Article 23 - COLORADO ELECTRONIC PRESERVATION OF ABANDONED ESTATE PLANNING DOCUMENTS ACT (§§ 15-23-101 — 15-23-122) › Section 15-23-109 - Electronic conversion and filing

(1)
If the creator does not take possession of the original estate planning document within ninety days after the date of mailing the letter required in section
15-23-105(2)
, the custodian may create an electronic estate planning document, which must be in color and in a format and using the technology prescribed by the state court administrator, and may file the electronic document with the state court administrator.
(2)
As to each electronic estate planning document being filed, the custodian, or, if the custodian is an entity, an officer of the custodian, shall:
(a)
Examine the original estate planning document;
(b)
Based upon that examination, be satisfied that the document is an original estate planning document of the creator, as those terms are defined in section
15-23-103
;
(c)
Compare the electronic estate planning document with the original estate planning document; and
(d)
Be satisfied that the electronic estate planning document is a true and correct copy of the original estate planning document.
(3)
Notwithstanding any provision of this article 23 to the contrary, a custodian subject to the Colorado rules of professional conduct shall comply with the rules as they may relate to a filing pursuant to this article 23 prior to filing an electronic estate planning document with the state court administrator.
Amended by 2020 Ch. 293,§2, eff. 7/13/2020.
Added by 2019 Ch. 252,§1, eff. 1/1/2023.