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 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 12 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 15-11-1201 — 15-11-1218) › Section 15-11-1205 - Power to disclaim - general requirements - when irrevocable

(1)
A person may disclaim, in whole or in part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.
(2)
Except to the extent a fiduciary's right to disclaim is expressly restricted or limited by another statute of this state or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or in part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or if an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.
(3)
To be effective, a disclaimer shall be in writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer, and be delivered or filed, and, with regard to an interest in real property, be recorded in the manner provided for in section
15-11-1212
. In this subsection (3), "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(4)
A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.
(5)
A disclaimer becomes irrevocable when it is delivered or filed and, with regard to an interest in real property, recorded pursuant to section
15-11-1212
, or when it becomes effective as provided for in sections
15-11-1206
through
15-11-1211
, whichever occurs later.
(6)
A disclaimer made pursuant to this part 12 is not a transfer, assignment, or release.
(7)
No person obligated to distribute an interest disclaimed under this part 12 shall be liable to any person for distributing the interest as if the interest were not disclaimed unless the person obligated to distribute the interest receives a copy of the disclaimer prior to distributing the interest.
L. 2011: Entire part added, (SB 11-166), ch. 203, p. 860, §1, effective August 10.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 12 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 15-11-1201 — 15-11-1218) › Section 15-11-1207 - Disclaimer of rights of survivorship in jointly held property

(1)
Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or in part, the incremental portion of the jointly held property devolving to the surviving holder by right of survivorship.
(2)
A disclaimer pursuant to subsection (1) of this section takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.
(3)
In the event of a disclaimer pursuant to subsection (1) of this section with only one holder surviving the death of the holder to whose death the disclaimer relates, the incremental portion disclaimed shall, as a consequence of the disclaimer, pass as part of the estate of the deceased holder.
(4)
In the event of a disclaimer pursuant to subsection (1) of this section with two or more of the holders surviving the death of the holder to whose death the disclaimer relates:
(a)
The disclaimer does not sever the joint tenancy with respect to the jointly held property as among the surviving holders;
(b)
The incremental portion disclaimed shall, as a consequence of a disclaimer, devolve to the surviving holders in proportion to their respective interests in the jointly held property excluding the disclaimant and any other surviving holder who disclaims to the extent of his or her disclaimer of the incremental portion;
(c)
An incremental portion devolving to a surviving holder, as a consequence of one or more disclaimers, may be disclaimed by the surviving holder;
(d)
To the extent that all of the surviving holders disclaim an incremental portion devolving to them, the portion shall instead pass as part of the estate of the deceased holder; and
(e)
The proportion of each of the surviving holders with respect to the jointly held property shall be adjusted to take into account the devolution of the incremental portion to the extent that the portion is disclaimed.
L. 2011: Entire part added, (SB 11-166), ch. 203, p. 863, §1, effective August 10.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 12 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 15-11-1201 — 15-11-1218) › Section 15-11-1208 - Disclaimer of interest by trustee

If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.
L. 2011: Entire part added, (SB 11-166), ch. 203, p. 864, §1, effective August 10.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 12 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 15-11-1201 — 15-11-1218) › Section 15-11-1209 - Disclaimer of power of appointment or other power not held in fiduciary capacity

(1)
If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the disclaimer applies only to that holder, and the following rules apply:
(a)
If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable;
(b)
If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power; and
(c)
The instrument creating the power is construed as if the power expired when the disclaimer became effective.
L. 2011: Entire part added, (SB 11-166), ch. 203, p. 864, §1, effective August 10.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 12 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 15-11-1201 — 15-11-1218) › Section 15-11-1210 - Disclaimer by appointee, object, or taker in default of exercise of power of appointment

(1)
A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable.
(2)
A disclaimer of an interest in property by an object or taker in default of an exercise of a power of appointment takes effect as of the time the instrument creating the power becomes irrevocable.
L. 2011: Entire part added, (SB 11-166), ch. 203, p. 864, §1, effective August 10.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 12 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 15-11-1201 — 15-11-1218) › Section 15-11-1211 - Disclaimer of power held in fiduciary capacity

(1)
If a fiduciary disclaims a power held in a fiduciary capacity that has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
(2)
If a fiduciary disclaims a power held in a fiduciary capacity that has been exercised, the disclaimer takes effect immediately after the last exercise of the power.
(3)
A disclaimer pursuant to this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting.
L. 2011: Entire part added, (SB 11-166), ch. 203, p. 864, §1, effective August 10.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 12 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 15-11-1201 — 15-11-1218) › Section 15-11-1213 - When disclaimer barred or limited

(1)
A disclaimer is barred by a written waiver of the right to disclaim.
(2)
A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:
(a)
The disclaimant accepts the interest sought to be disclaimed;
(b)
The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or
(c)
A judicial sale of the interest sought to be disclaimed occurs.
(3)
A disclaimer, in whole or in part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.
(4)
A disclaimer, in whole or in part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.
(5)
A disclaimer is barred or limited if so provided by law other than this part 12.
(6)
A disclaimer of a power over property that is barred by this section is ineffective. A disclaimer of an interest in property that is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this part 12 had the disclaimer not been barred.
(7)
Notwithstanding any other provision in this part 12, this part 12 shall not modify the construction of law or application of law with respect to:
(a)
A disqualification of medical assistance benefits under title
25.5
, C.R.S., to a disclaimant who is or was an applicant for or recipient of such benefits; or
(b)
A recovery from the estate of a deceased recipient of such medical assistance benefits.
L. 2011: Entire part added, (SB 11-166), ch. 203, p. 867, §1, effective August 10.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 12 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 15-11-1201 — 15-11-1218) › Section 15-11-1214 - Tax-qualified disclaimer

Notwithstanding any other provision of this part 12, if, as a result of a disclaimer or transfer, the disclaimed or transferred interest is treated pursuant to the provisions of title 26 of the United States internal revenue code, as now or hereafter amended, or any successor statute thereto, and the regulations promulgated thereunder, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer pursuant to this part 12.
L. 2011: Entire part added, (SB 11-166), ch. 203, p. 868, §1, effective August 10.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 12 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 15-11-1201 — 15-11-1218) › Section 15-11-1215 - Filing or registering of disclaimer

If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed or registered, the disclaimer may be filed or registered. Failure to file or register the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer, provided, however, that a disclaimer of an interest in real property in which the disclaimant has a recorded interest is not effective and therefore is not valid as between any persons until a copy of the disclaimer is recorded in section
15-11-1212(15)
.
Amended by 2013 Ch. 316,§ 37, eff. 8/7/2013.
L. 2011: Entire part added, (SB 11-166), ch. 203, p. 868, §1, effective August 10. L. 2013: Entire section amended, (HB 13-1300), ch. 316, p. 1675, § 37, effective August 7.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 12 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 15-11-1201 — 15-11-1218) › Section 15-11-1216 - Application to existing relationships

Except as otherwise provided for in section
15-11-1213
, an interest in or power over property existing on August 10, 2011, for which the time for delivering or filing a disclaimer under law superseded by this part 12 has not expired may be disclaimed after August 10, 2011.
L. 2011: Entire part added, (SB 11-166), ch. 203, p. 868, §1, effective August 10.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 12 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 15-11-1201 — 15-11-1218) › Section 15-11-1217 - Uniformity of application and construction

In applying and construing this part 12, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
L. 2011: Entire part added, (SB 11-166), ch. 203, p. 868, §1, effective August 10.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 12 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 15-11-1201 — 15-11-1218) › Section 15-11-1218 - Severability

If any provision of this part 12 or its application to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this part 12 that can be given effect without the invalid provision or application.
L. 2011: Entire part added, (SB 11-166), ch. 203, p. 868, §1, effective August 10.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 13 - COLORADO UNIFORM ELECTRONIC WILLS ACT (§§ 15-11-1301 — 15-11-1311) › Section 15-11-1301 - Short title

This part 13 may be cited as the "Colorado Uniform Electronic Wills Act".
Added by 2021 Ch. 423,§11, eff. 7/2/2021.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 13 - COLORADO UNIFORM ELECTRONIC WILLS ACT (§§ 15-11-1301 — 15-11-1311) › Section 15-11-1302 - Definitions

In this part 13:
(1)
"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(2)
"Electronic presence" means the relationship of two or more individuals in different locations communicating in real time to the same extent as if the individuals were physically present in the same location.
(3)
"Electronic will" means a will executed electronically in compliance with section
15-11-1305 (1)
.
(4)
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(5)
(a)
"Sign" means, with present intent to authenticate or adopt a record, and subject to subsection (5)(b) of this section, to execute or adopt a tangible symbol or to affix to or logically associate with the record an electronic symbol or process.
(b)
An electronic symbol of a testator or witness must be an electronic image of the testator's or witness's signature in the testator's or witness's handwriting affixed to the electronic will.
(6)
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe.
(7)
"Will" has the meaning set forth in section
15-10-201 (59)
.
Added by 2021 Ch. 423, § 11, eff. 7/2/2021.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 13 - COLORADO UNIFORM ELECTRONIC WILLS ACT (§§ 15-11-1301 — 15-11-1311) › Section 15-11-1303 - Law applicable to electronic wills - principles of equity

An electronic will is a will for all purposes of the law of this state. The law of this state applicable to wills and principles of equity apply to an electronic will, except as modified by this part 13.
Added by 2021 Ch. 423,§11, eff. 7/2/2021.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 13 - COLORADO UNIFORM ELECTRONIC WILLS ACT (§§ 15-11-1301 — 15-11-1311) › Section 15-11-1304 - Choice of law regarding execution

(1)
A will executed electronically but not in compliance with section
15-11-1305 (1)
is an electronic will under this part 13 if executed in compliance with the law of the jurisdiction where the testator is:
(a)
Physically located when the will is signed; or
(b)
Domiciled or resides when the will is signed or when the testator dies.
Added by 2021 Ch. 423, § 11, eff. 7/2/2021.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 13 - COLORADO UNIFORM ELECTRONIC WILLS ACT (§§ 15-11-1301 — 15-11-1311) › Section 15-11-1305 - Execution of electronic will

(1)
Subject to section
15-11-1308 (4)
, and except as provided in section
15-11-1306
, an electronic will must be:
(a)
A record that is readable as text at the time of signing under subsection (1)(b) of this section;
(b)
Signed by:
(I)
The testator; or
(II)
Another individual in the testator's name, in the testator's physical presence, and by the testator's direction; and
(c)
Either:
(I)
Signed in the physical or electronic presence of the testator by at least two individuals, each of whom is a resident of a state and physically located in a state at the time of signing and within a reasonable time after witnessing:
(A)
The signing of the will under subsection (1)(b) of this section; or
(B)
The testator's acknowledgment of the signing of the will under subsection (1)(b) of this section or acknowledgment of the will; or
(II)
Acknowledged by the testator before and in the physical or electronic presence of a notary public or other individual who is authorized by Colorado law to notarize records, and who is located in Colorado at the time the notarial act is performed.
(2)
Intent of a testator that the record under subsection (1)(a) of this section be the testator's electronic will may be established by extrinsic evidence.
Added by 2021 Ch. 423, § 11, eff. 7/2/2021.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 13 - COLORADO UNIFORM ELECTRONIC WILLS ACT (§§ 15-11-1301 — 15-11-1311) › Section 15-11-1306 - Harmless error

Section 15-11-503 applies to a will executed electronically.
Added by 2021 Ch. 423, § 11, eff. 7/2/2021.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 13 - COLORADO UNIFORM ELECTRONIC WILLS ACT (§§ 15-11-1301 — 15-11-1311) › Section 15-11-1307 - Revocation

(1)
An electronic will may revoke all or part of a previous will.
(2)
All or part of an electronic will is revoked by:
(a)
A subsequent will that revokes all or part of the electronic will expressly or by inconsistency; or
(b)
A physical act, if it is established by clear and convincing evidence that the testator, with the intent of revoking all or part of the will, performed the act or directed another individual who performed the act in the testator's physical presence.
Added by 2021 Ch. 423,§11, eff. 7/2/2021.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 13 - COLORADO UNIFORM ELECTRONIC WILLS ACT (§§ 15-11-1301 — 15-11-1311) › Section 15-11-1308 - Electronic will attested and made self-proving at time of execution

(1)
An electronic will may be simultaneously executed, attested, and made self-proving by acknowledgment of the testator and affidavits of the witnesses.
(2)
The acknowledgment and affidavits under subsection (1) of this section must be:
(a)
Made in the physical presence of an officer authorized to administer oaths under law of the state in which the testator signs pursuant to section
15-11-1305 (1)(b)
or, if fewer than two attesting witnesses are physically present in the same location as the testator at the time of signing pursuant to section
15-11-1305 (1)(b)
, in the physical or electronic presence of a notary public or other individual who is authorized by Colorado law to notarize records, and who is located in Colorado at the time the notarial act is performed; and
(b)
Evidenced by the officer's certificate under official seal affixed to or logically associated with the electronic will.
(3)
The acknowledgment and affidavits under subsection (1) of this section must be in substantially the following form:
I, ________, the testator, and, being sworn, declare to the undersigned officer that I sign this instrument as my electronic will, I willingly sign it or willingly direct another to sign for me, I execute it as my voluntary act for the purposes expressed in this instrument, and I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.
____________________________________
Testator
We, _______, and _______, witnesses, being sworn, declare to the undersigned officer that the testator signed this instrument as the testator's electronic will, that the testator willingly signed it or willingly directed another individual to sign for the testator, and that each of us, in the physical or electronic presence of the testator, signs this instrument as witness to the testator's signing, and to the best of our knowledge the testator is eighteen years of age or older, of sound mind, and under no constraint or undue influence.
____________________________________
Witness
____________________________________
Witness
Certificate of officer:
State of __________________
County of _____________________
Subscribed, sworn to, and acknowledged before me by _____________, the testator, and subscribed and sworn to before me by ____________ and __________, witnesses, this _____ day of _____, ____.
(SEAL)
____________________________________
(Signed)
____________________________________
(Official capacity of officer)
(4)
A signature physically or electronically affixed to an affidavit that is affixed to or logically associated with an electronic will under this act is deemed a signature of the electronic will under section
15-11-1305 (1)
.
Added by 2021 Ch. 423, § 11, eff. 7/2/2021.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 13 - COLORADO UNIFORM ELECTRONIC WILLS ACT (§§ 15-11-1301 — 15-11-1311) › Section 15-11-1309 - Certification of paper copy

An individual may create a certified paper copy of an electronic will by affirming under penalty of perjury that a paper copy of the electronic will is a complete, true, and accurate copy of the electronic will. If the electronic will is made self-proving, the certified paper copy of the will must include the self-proving affidavits.
Added by 2021 Ch. 423,§11, eff. 7/2/2021.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 13 - COLORADO UNIFORM ELECTRONIC WILLS ACT (§§ 15-11-1301 — 15-11-1311) › Section 15-11-1310 - Uniformity of application and construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by 2021 Ch. 423,§11, eff. 7/2/2021.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 13 - COLORADO UNIFORM ELECTRONIC WILLS ACT (§§ 15-11-1301 — 15-11-1311) › Section 15-11-1311 - Application of part

This part 13 applies to the will of a decedent who dies on or after July 2, 2021.
Added by 2021 Ch. 423,§11, eff. 7/2/2021.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 1 - GENERAL PROVISIONS (§§ 15-12-101 — 15-12-109) › Section 15-12-101 - Devolution of estate at death; restrictions

The power of a person to leave property by will and the rights of creditors, devisees, and heirs to his property are subject to the restrictions and limitations contained in this code to facilitate the prompt settlement of estates. Upon the death of a person, his real and personal property devolves to the persons to whom it is devised by his last will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of the testate estate or, in the absence of testamentary disposition, to his heirs or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting devolution of intestate estates, subject to exempt property and family allowances, rights of creditors, elective share of the surviving spouse, and administration.
L. 73: R&RE, p. 1565, § 1. C.R.S. 1963: § 153-3-101. L. 75: Entire section amended, p. 594, § 22, effective July 1.
For intestate succession, see article 11 of this title; for the elective share of a surviving spouse, see § 15-11-201; for exempt property allowance and family allowance, see §§ 15-11-403 and 15-11-404, respectively; for lapse of a devise, see § 15-11-511(3); for renunciation of succession, see the "Uniform Disclaimer of Property Interests Act", part 12 of article 11 of this title; for rights of creditors, see part 8 of this article.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 1 - GENERAL PROVISIONS (§§ 15-12-101 — 15-12-109) › Section 15-12-102 - Necessity of order of probate for will

Except as provided in sections
15-12-901
,
15-12-1201
,
15-13-204
, and
15-13-205
and in part 13 of this article, to be effective to prove the transfer of any property or to nominate a personal representative, a will must be declared to be valid by an order of informal probate by the registrar, or an adjudication of probate by the court.
Amended by 2014 Ch. 296,§ 4, eff. 8/6/2014.
L. 73: R&RE, p. 1565, § 1. C.R.S. 1963: § 153-3-102. L. 2011: Entire section amended, (SB 11-083), ch. 101, p. 303, §4, effective August 10. L. 2014: Entire section amended, (HB 14-1322), ch. 296, p. 1234, § 4, effective August 6.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 1 - GENERAL PROVISIONS (§§ 15-12-101 — 15-12-109) › Section 15-12-103 - Necessity of appointment for administration

Except as otherwise provided in article
13
of this title, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person must be appointed by order of the court or registrar, qualify, and be issued letters. Administration of an estate is commenced by the issuance of letters.
L. 73: R&RE, p. 1565, § 1. C.R.S. 1963: § 153-3-103.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 1 - GENERAL PROVISIONS (§§ 15-12-101 — 15-12-109) › Section 15-12-104 - Claims against decedent

No claim may be presented and no proceeding to enforce a claim against the estate of a decedent or his or her successors may be revived or commenced before the appointment of a personal representative, except as permitted by section
15-12-804
. After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by this article. After distribution, a creditor whose claim has not been barred may recover from the distributees as provided in section
15-12-1004
or from a former personal representative individually liable as provided in section
15-12-1005
. This section has no application to a proceeding by a secured creditor of the decedent to enforce his or her right to his or her security except as to any deficiency judgment that might be sought therein.
L. 73: R&RE, p. 1565, § 1. C.R.S. 1963: § 153-3-104. L. 2006: Entire section amended, p. 373, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 1 - GENERAL PROVISIONS (§§ 15-12-101 — 15-12-109) › Section 15-12-105 - Proceedings affecting devolution and administration - jurisdiction of subject matter

Persons interested in decedents' estates may apply to the registrar for determination in the informal proceedings provided in this article and may petition the court for orders in formal proceedings within the court's jurisdiction. The court has jurisdiction as provided in section
15-10-302
.
L. 73: R&RE, p. 1566, § 1. C.R.S. 1963: § 153-3-105.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 1 - GENERAL PROVISIONS (§§ 15-12-101 — 15-12-109) › Section 15-12-106 - Proceedings within the exclusive jurisdiction of court - service - jurisdiction over persons

In proceedings where notice is required by this code or by rule, interested persons may be bound by the orders of the court in respect to property in or subject to the laws of this state by notice in conformity with section
15-10-401
. An order is binding as to all who are given notice of the proceeding though less than all interested persons are notified.
L. 73: R&RE, p. 1566, § 1. C.R.S. 1963: § 153-3-106.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 1 - GENERAL PROVISIONS (§§ 15-12-101 — 15-12-109) › Section 15-12-107 - Scope of proceedings - proceedings independent - exception

(1)
Unless supervised administration as described in part 5 of this article is involved:
(a)
Each proceeding before the court or registrar is independent of any other proceeding involving the same estate;
(b)
Petitions for formal orders of the court may combine various requests for relief in a single proceeding if the orders sought may be finally granted without delay. Except as required for proceedings which are particularly described by other sections of this article, no petition is defective because it fails to embrace all matters which might then be the subject of a final order;
(c)
Proceedings for probate of wills or adjudications of no will may be combined with proceedings for appointment of personal representatives; and
(d)
A proceeding for appointment of a personal representative is concluded by an order making or declining the appointment.
L. 73: R&RE, p. 1566, § 1. C.R.S. 1963: § 153-3-107.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 1 - GENERAL PROVISIONS (§§ 15-12-101 — 15-12-109) › Section 15-12-108 - Probate, testacy, and appointment proceedings - ultimate time limit

(1)
No informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator's domicile and appointment proceedings relating to an estate in which there has been a prior appointment, may be commenced more than three years after the decedent's death, except:
(a)
If a previous proceeding was dismissed because of doubt about the fact of the decedent's death, appropriate probate, appointment, or testacy proceedings may be maintained at any time thereafter upon a finding that the decedent's death occurred prior to the initiation of the previous proceeding and the applicant or petitioner has not delayed unduly in initiating the subsequent proceedings;
(b)
Appropriate probate, appointment, or testacy proceedings may be maintained in relation to the estate of an absent, disappeared, or missing person for whose estate a conservator has been appointed, at any time within three years after the conservator becomes able to establish the death of the protected person; and
(c)
A proceeding to contest an informally probated will and to secure appointment of the person with legal priority for appointment in the event the contest is successful may be commenced within the later of twelve months from the informal probate or three years from the decedent's death.
(2)
These limitations do not apply to:
(a)
Proceedings to construe probated wills; or
(b)
Proceedings to determine heirs of an intestate and related appointment proceedings; or
(c)
Appointment proceedings and testacy proceedings if no previous testacy proceedings or proceedings determining heirship relating to the decedent's estate have been concluded in this state.
(3)
In cases under subsection (1) of this section, the date on which a testacy or appointment proceeding is properly commenced shall be deemed to be the date of the decedent's death for purpose of other limitation provisions of this code which relate to the date of death.
L. 73: R&RE, p. 1566, § 1. C.R.S. 1963: § 153-3-108. L. 77: (2) R&RE, p. 833, § 14, effective July 1. L. 79: (2)(b) and (2)(c) amended, p. 657, § 1, effective May 25.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 1 - GENERAL PROVISIONS (§§ 15-12-101 — 15-12-109) › Section 15-12-109 - Statutes of limitations on decedent's cause of action

No statute of limitations running on a cause of action belonging to a decedent which had not been barred as of the date of his death shall apply to bar a cause of action surviving the decedent's death sooner than one year after death. A cause of action which, but for this section, would have been barred less than one year after death is barred after one year unless tolled.
L. 73: R&RE, p. 1567, § 1. C.R.S. 1963: § 153-3-109. L. 79: Entire section amended, p. 629, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 2 - VENUE FOR PROBATE AND ADMINISTRATION; PRIORITY TO ADMINISTER; DEMAND FOR NOTICE (§§ 15-12-201 — 15-12-204) › Section 15-12-201 - Venue for first and subsequent estate proceedings - location of property

(1)
Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is:
(a)
In the county where the decedent had his domicile or his residence at the time of his death; or
(b)
If the decedent was not domiciled in nor a resident of this state, in any county where property of the decedent was located at the time of his death.
(2)
Venue for all subsequent proceedings within the exclusive jurisdiction of the court is in the place where the initial proceeding occurred, unless the initial proceeding has been transferred as provided in section
15-10-303
or subsection (3) of this section.
(3)
If the first proceeding was informal, on application of an interested person and after notice to the proponent in the first proceeding, the court, upon finding that venue is elsewhere, may transfer the proceeding and the file to the other court.
(4)
For the purpose of aiding determinations concerning location of assets which may be relevant in cases involving nondomiciliaries, a debt, other than one evidenced by investment or commercial paper or other instrument in favor of a nondomiciliary, is located where the debtor resides or, if the debtor is a person other than an individual, at the place where it has its principal office. Commercial paper, investment paper, and other instruments are located where the instrument is. An interest in property held in trust is located where the trustee may be sued.
L. 73: R&RE, p. 1567, § 1. C.R.S. 1963: § 153-3-201. L. 77: (1)(a) amended, p. 833, § 15, effective July 1. L. 96: (1)(b) amended, p. 659, § 10, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 2 - VENUE FOR PROBATE AND ADMINISTRATION; PRIORITY TO ADMINISTER; DEMAND FOR NOTICE (§§ 15-12-201 — 15-12-204) › Section 15-12-204 - Demand for notice of order or filing concerning decedent's estate

Any person desiring notice of any order or filing pertaining to a decedent's estate in which he has a financial or property interest may file a demand for notice with the court at any time after the death of the decedent stating the name of the decedent, the nature of his interest in the estate, and the demandant's address or that of his attorney. The clerk shall mail a copy of the demand to the personal representative if one has been appointed. After filing of a demand, no order or filing to which the demand relates shall be made or accepted without notice as prescribed in section
15-10-401
to the demandant or his attorney. The validity of an order which is issued or filing which is accepted without compliance with this requirement shall not be affected by the error, but the petitioner receiving the order or the person making the filing may be liable for any damage caused by the absence of notice. The requirement of notice arising from a demand under this provision may be waived in writing by the demandant and shall cease upon the termination of his interest in the estate.
L. 73: R&RE, p. 1569, § 1. C.R.S. 1963: § 153-3-204.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS (§§ 15-12-301 — 15-12-311) › Section 15-12-302 - Informal probate - duty of registrar - effect of informal probate

Upon receipt of an application requesting informal probate of a will, the registrar, upon making the findings required by section
15-12-303
, shall issue a written statement of informal probate. Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding. No defect in the application or procedure relating thereto which leads to informal probate of a will renders the probate void.
L. 73: R&RE, p. 1571, § 1. C.R.S. 1963: § 153-3-302.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS (§§ 15-12-301 — 15-12-311) › Section 15-12-303 - Informal probate - proof and findings required

(1)
In an informal proceeding for original probate of a will, the registrar shall determine that:
(a)
The application is complete;
(b)
The applicant has made oath or affirmation that the statements contained in the application are true to the best of his knowledge and belief;
(c)
The applicant appears from the application to be an interested person as defined in section
15-10-201 (27)
;
(d)
On the basis of the statements in the application, venue is proper;
(e)
An original, duly executed, and apparently unrevoked will is in the registrar's possession;
(f)
Any notice required by section
15-12-204
has been given and that the application is not within section
15-12-304
;
(g)
It appears from the application that the time limit for original probate has not expired; and
(h)
One hundred twenty hours have elapsed since decedent's death.
(2)
The application shall be denied if it indicates that a personal representative has been appointed in another county of this state or, except as provided in subsection (4) of this section, if it appears that this or another will of the decedent has been the subject of a previous probate order.
(3)
A will which appears to have the required signatures and which contains an attestation clause showing that requirements of execution under section
15-11-502
,
15-11-503
, or
15-11-506
have been met shall be probated without further proof. In other cases, the registrar may assume execution if the will appears to have been properly executed, or he may accept a sworn statement or affidavit of any person having knowledge of the circumstances of execution, whether or not the person was a witness to the will.
(4)
Informal probate of a will which has been previously probated elsewhere may be granted at any time upon written application by any interested person, together with deposit of an authenticated copy of the will and of the statement probating it from the office or court where it was first probated.
(5)
A will from a place which does not provide for probate of a will after death and which is not eligible for probate under subsection (1) of this section may be probated in this state upon receipt by the registrar of a duly authenticated copy of the will and a duly authenticated certificate of its legal custodian that the copy filed is a true copy and that the will has become operative under the law of the other place.
L. 73: R&RE, p. 1571, § 1. C.R.S. 1963: § 153-3-303. L. 94: (1)(c) amended, p. 1037, § 9, effective 7/1/1995.
For establishment of lost or destroyed will, see § 15-12-402(3) .
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS (§§ 15-12-301 — 15-12-311) › Section 15-12-304 - Informal probate - unavailable in certain cases

(1)
Applications for informal probate that relate to any of the following must be declined:
(a)
One or more of a known series of testamentary instruments, other than a will and one or more codicils thereto, the latest of which does not expressly revoke the earlier; or
(b)
A copy of the decedent's original will certified by the state court administrator pursuant to article
23
of this title 15.
Amended by 2020 Ch. 293,§2, eff. 7/13/2020.
Amended by 2019 Ch. 252,§3, eff. 1/1/2021 but later changed to 1/1/2023.
L. 73: R&RE, p. 1572, § 1. C.R.S. 1963: § 153-3-304. L. 77: Entire section amended, p. 834, § 17, effective July 1.
HB 20-1368 amended the effective date of HB 19-1229 to change the date from January 1, 2021, to January 1, 2023. (See L. 2020, p. 1441.)
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS (§§ 15-12-301 — 15-12-311) › Section 15-12-305 - Informal probate - registrar not satisfied

If the registrar is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of sections
15-12-303
and
15-12-304
or any other reason, he may decline the application. A declination of informal probate is not an adjudication and does not preclude formal probate proceedings.
L. 73: R&RE, p. 1572, § 1. C.R.S. 1963: § 153-3-305.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS (§§ 15-12-301 — 15-12-311) › Section 15-12-306 - Informal probate - notice and information requirements

The moving party must give notice as described by section
15-10-401
of his application for informal probate to any person demanding it pursuant to section
15-12-204
and to any personal representative of the decedent whose appointment has not been terminated. If a personal representative has not been appointed, then not later than thirty days after a will has been informally probated the moving party shall give information of the probate to the persons and in the manner prescribed by section
15-12-705
and shall promptly file with the court a statement that such information has been given, to whom, and at what addresses, if mailed. No other notice of informal probate is required.
L. 73: R&RE, p. 1572, § 1. C.R.S. 1963: § 153-3-306. L. 75: Entire section amended, p. 595, § 23, effective July 1.