reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION (§§ 15-12-901 — 15-12-916) › Section 15-12-905 - Penalty clause for contest

A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.
L. 73: R&RE, p. 1598, § 1. C.R.S. 1963: § 153-3-905.
L. 73: R & RE, p. 1598, § 1. C.R.S. 1963: § 153-3-905.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION (§§ 15-12-901 — 15-12-916) › Section 15-12-907 - Distribution in kind - evidence

If distribution in kind is made, the personal representative shall execute an instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the distributee's title to the property.
L. 73: R&RE, p. 1599, § 1. C.R.S. 1963: § 153-3-907.
L. 73: R & RE, p. 1599, § 1. C.R.S. 1963: § 153-3-907.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION (§§ 15-12-901 — 15-12-916) › Section 15-12-908 - Distribution - right or title of distributee

Proof that a distributee has received an instrument or deed of distribution of assets in kind, or payment in distribution, from a personal representative is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed assets, as against all persons interested in the estate; except that the personal representative may recover the assets or their value if the distribution was improper.
L. 73: R&RE, p. 1599, § 1. C.R.S. 1963: § 153-3-908.
L. 73: R & RE, p. 1599, § 1. C.R.S. 1963: § 153-3-908.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION (§§ 15-12-901 — 15-12-916) › Section 15-12-909 - Improper distribution - liability of distributee

Unless the distribution or payment no longer can be questioned because of adjudication, estoppel, or limitation, a distributee of property improperly distributed or paid, or a claimant who was improperly paid, is liable for return of the property improperly received and its income since distribution if he has the property. If he does not have the property, then he is liable for return of the value as of the date of disposition of the property improperly received and its income and gain received by him.
L. 73: R&RE, p. 1599, § 1. C.R.S. 1963: § 153-3-909.
L. 73: R & RE, p. 1599, § 1. C.R.S. 1963: § 153-3-909.
For liability to persons interested in an estate, see § 15-12-703.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION (§§ 15-12-901 — 15-12-916) › Section 15-12-910 - Purchasers from distributees protected

If property distributed in kind or a security interest therein is acquired for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution from the personal representative, or is so acquired by a purchaser from or lender to a transferee from such distributee, the purchaser or lender takes title free of rights of any interested person in the estate and incurs no personal liability to the estate, or to any interested person, whether or not the distribution was proper or supported by court order and whether or not the authority of the personal representative was terminated prior to execution of the instrument or deed. This section protects a purchaser from or lender to a distributee who, as personal representative, has executed a deed of distribution to himself, as well as a purchaser from or lender to any other distributee or his transferee. To be protected under this provision, a purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind, even if the personal representative and the distributee are the same person, or whether the authority of the personal representative had terminated prior to the distribution. For purposes of this section, any recorded instrument evidencing a transfer to a purchaser from or lender to a distributee on which a state documentary fee is noted pursuant to section
39-13-103
, C.R.S., shall be prima facie evidence that such transfer was made for value.
L. 73: R&RE, p. 1599, § 1. C.R.S. 1963: § 153-3-910. L. 75: Entire section R&RE, p. 599, § 37, 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 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION (§§ 15-12-901 — 15-12-916) › Section 15-12-911 - Partition for purpose of distribution

When two or more heirs or devisees are entitled to distribution of undivided interests in any real or personal property of the estate, the personal representative or one or more of the heirs or devisees may petition the court, prior to the formal or informal closing of the estate, to make partition. After notice to the interested heirs or devisees, the court shall partition the property in the same manner as provided by the law for civil actions of partition. The court may direct the personal representative to sell any property which cannot be partitioned without prejudice to the owners and which cannot conveniently be allotted to any one party.
L. 73: R&RE, p. 1600, § 1. C.R.S. 1963: § 153-3-911.
L. 73: R & RE, p. 1600, § 1. C.R.S. 1963: § 153-3-911.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION (§§ 15-12-901 — 15-12-916) › Section 15-12-912 - Private agreements among successors to decedent binding on personal representative

Subject to the rights of creditors, competent successors may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the will of the decedent or under the laws of intestacy in any way that they provide in a written agreement, whether or not supported by a consideration, executed by all who are affected by its provisions. The personal representative shall abide by the terms of the agreement subject to his or her obligation to administer the estate for the benefit of creditors, to pay all taxes and costs of administration, and to carry out the responsibilities of his or her office for the benefit of any successors of the decedent who are not parties. Personal representatives of decedents' estates are not required to see to the performance of trusts if the trustee thereof is another person who is willing to accept the trust. Accordingly, trustees of a testamentary trust are successors for the purposes of this section. Nothing in this section relieves trustees of any duties owed to beneficiaries of trusts.
L. 75: Entire section added, p. 599, § 38, effective July 1. L. 99: Entire section amended, p. 467, § 5, 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 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION (§§ 15-12-901 — 15-12-916) › Section 15-12-913 - Distributions to trustee

(1)
Before distributing to a trustee, the personal representative may require that the trust be registered if the state in which it is to be administered provides for registration and that the trustee inform the beneficiaries as provided in section
15-5-206
.
(2)
If the trust instrument does not excuse the trustee from giving bond, the personal representative may petition the appropriate court to require that the trustee post bond if he apprehends that distribution might jeopardize the interests of persons who are not able to protect themselves, and he may withhold distribution until the court has acted.
(3)
No inference of negligence on the part of the personal representative shall be drawn from his failure to exercise the authority conferred by subsections (1) and (2) of this section.
Amended by 2018 Ch. 169, § 13, eff. 1/1/2019.
L. 73: R&RE, p. 1600, § 1. C.R.S. 1963: § 153-3-913. L. 2018: (1) amended, (SB 18-180), ch. 169, p. 1194, § 13, effective 1/1/2019.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION (§§ 15-12-901 — 15-12-916) › Section 15-12-915 - Distribution to person under disability

(1)
A personal representative or trustee may discharge his obligation to distribute to any person under legal disability:
(a)
By distributing to his conservator; or
(b)
By distributing to any person authorized by law to give a valid receipt and discharge for the distribution; or
(c)
The court may authorize distribution to a parent or relative of or a person having the custody and being responsible for the care of the person under disability for such person's use or benefit, subject to such terms and conditions as the court shall direct and approve; or
(d)
By distributing in any way authorized by the terms of the will or trust instrument or by the "Colorado Uniform Transfers to Minors Act", article
50
of title
11
, C.R.S.; but, in making any such distribution, the personal representative or trustee has a duty to act as a prudent man with due regard to the obligations of a fiduciary.
L. 73: R&RE, p. 1601, § 1. C.R.S. 1963: § 153-3-915. L. 81: (1)(d) amended, p. 915, § 9, effective July 1. L. 84: (1)(d) amended, p. 394, § 7, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 10 - CLOSING ESTATES (§§ 15-12-1001 — 15-12-1009) › Section 15-12-1001 - Formal proceedings terminating administration - testate or intestate - order of general protection

(1)
A personal representative or any interested person may petition for an order of complete settlement of the estate. The personal representative may petition at any time, and any other interested person may petition after one year from the appointment of the original personal representative; except that no petition under this section may be entertained until the time for presenting claims which arose prior to the death of the decedent has expired. The petition may request the court to determine testacy, if not previously determined, to consider the final account or compel or approve an accounting and distribution, to construe any will or determine heirs, and to adjudicate the final settlement and distribution of the estate. After notice to all interested persons and hearing, the court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate, and, as circumstances require, approving settlement and directing or approving distribution of the estate and discharging the personal representative from further claim or demand of any interested person.
(2)
If one or more heirs or devisees were omitted as parties in, or were not given notice of, a previous formal testacy proceeding, the court, on proper petition for an order of complete settlement of the estate under this section, and after notice to the omitted or unnotified persons and other interested parties determined to be interested on the assumption that the previous order concerning testacy is conclusive as to those given notice of the earlier proceeding, may determine testacy as it affects the omitted persons and confirm or alter the previous order of testacy as it affects all interested persons as appropriate in the light of the new proofs. In the absence of objection by an omitted or unnotified person, evidence received in the original testacy proceeding shall constitute prima facie proof of due execution of any will previously admitted to probate, or of the fact that the decedent left no valid will if the prior proceedings determined this fact.
L. 73: R&RE, p. 1604, § 1. C.R.S. 1963: § 153-3-1001.
L. 73: R & RE, p. 1604, § 1. C.R.S. 1963: § 153-3-1001.
For the termination of a conservatorship, see § 15-14-431.
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 10 - CLOSING ESTATES (§§ 15-12-1001 — 15-12-1009) › Section 15-12-1002 - Formal proceedings terminating testate administration - order construing will without adjudicating testacy

A personal representative administering an estate under an informally probated will or any devisee under an informally probated will may petition for an order of settlement of the estate which will not adjudicate the testacy status of the decedent. The personal representative may petition at any time, and a devisee may petition after one year, from the appointment of the original personal representative; except that no petition under this section may be entertained until the time for presenting claims which arose prior to the death of the decedent has expired. The petition may request the court to consider the final account or compel or approve an accounting and distribution, to construe the will and adjudicate final settlement and distribution of the estate. After notice to all devisees and the personal representative and hearing, the court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate under the will, and, as circumstances require, approving settlement and directing or approving distribution of the estate and discharging the personal representative from further claim or demand of any devisee who is a party to the proceeding and those he represents. If it appears that a part of the estate is intestate, the proceedings shall be dismissed or amendments made to meet the provisions of section
15-12-1001
.
L. 73: R&RE, p. 1604, § 1. C.R.S. 1963: § 153-3-1002.
L. 73: R & RE, p. 1604, § 1. C.R.S. 1963: § 153-3-1002.
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 10 - CLOSING ESTATES (§§ 15-12-1001 — 15-12-1009) › Section 15-12-1003 - Closing estates - by sworn statement of personal representative

(1)
Unless prohibited by order of the court and except for estates being administered in supervised administration proceedings, a personal representative may close an estate by filing with the court, no earlier than six months after the date of original appointment of a general personal representative for the estate or one year after the date of death, whichever occurs first, a verified statement stating that he or she, or a prior personal representative whom he or she has succeeded, has or have:
(a)
Fully administered the estate of the decedent by making payment, settlement, or other disposition of all lawful claims, expenses of administration and estate, inheritance and other death taxes, except as specified in the statement, and that the assets of the estate have been distributed to the persons entitled. If any claims remain undischarged, the statement shall state whether the personal representative has distributed the estate subject to possible liability with the agreement of the distributees or it shall state in detail other arrangements which have been made to accommodate outstanding liabilities; and
(b)
Sent a copy thereof to all distributees of the estate and to all creditors or other claimants of whom he is aware whose claims are neither paid nor barred and has furnished a full account in writing of his administration to the distributees whose interests are affected thereby.
(2)
If no proceedings involving the personal representative are pending in the court one year after the closing statement is filed, the appointment of the personal representative terminates.
L. 73: R&RE, p. 1605, § 1. C.R.S. 1963: § 153-3-1003. L. 77: IP(1) amended, p. 834, § 19, effective July 1. L. 90: IP(1) and (1)(a) amended, p. 906, § 5, effective July 1. L. 94: IP(1) amended, p. 770, § 3, effective April 20.
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 10 - CLOSING ESTATES (§§ 15-12-1001 — 15-12-1009) › Section 15-12-1004 - Liability of distributees to claimants

After assets of an estate have been distributed and subject to section
15-12-1006
, an undischarged claim not barred may be prosecuted in a proceeding against one or more distributees. No distributee shall be liable to claimants for amounts received as exempt property or family allowances or for amounts in excess of the value of his other distributions as of the time of such distributions. As between distributees, each shall bear the cost of satisfaction of unbarred claims as if the claim had been satisfied in the course of administration. Any distributee who shall have failed to notify other distributees of the demand made upon him by the claimant in sufficient time to permit them to join in any proceeding in which the claim was asserted against him loses his right of contribution against other distributees.
L. 73: R&RE, p. 1605, § 1. C.R.S. 1963: § 153-3-1004. L. 77: Entire section amended, p. 834, § 20, 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 10 - CLOSING ESTATES (§§ 15-12-1001 — 15-12-1009) › Section 15-12-1005 - Limitations on proceedings against personal representative

Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to assert the same is commenced within six months after the filing of the closing statement. The rights thus barred do not include rights to recover from a personal representative for fraud, misrepresentation, or inadequate disclosure related to the settlement of the decedent's estate.
L. 73: R&RE, p. 1606, § 1. C.R.S. 1963: § 153-3-1005.
L. 73: R & RE, p. 1606, § 1. C.R.S. 1963: § 153-3-1005.
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 10 - CLOSING ESTATES (§§ 15-12-1001 — 15-12-1009) › Section 15-12-1006 - Limitations on actions and proceedings against distributees

(1)
Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of any claimant to recover from a distributee who is liable to pay the claim, and the right of any heir or devisee or of a successor personal representative acting in their behalf, to recover property improperly distributed or the value thereof from any distributee is forever barred as follows:
(a)
A claim by a creditor of the decedent is forever barred at one year after the decedent's death.
(b)
Any other claimant or any heir or devisee is forever barred at the later of the following:
(I)
Three years after the decedent's death; or
(II)
One year after the time of distribution thereof.
(2)
This section does not bar an action to recover property or value received as the result of fraud.
L. 73: R&RE, p. 1606, § 1. C.R.S. 1963: § 153-3-1006. L. 90: Entire section amended, p. 907, § 6, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 10 - CLOSING ESTATES (§§ 15-12-1001 — 15-12-1009) › Section 15-12-1007 - Certificate discharging liens securing fiduciary performance

After his appointment has terminated, the personal representative, his sureties, or any successor of either, upon the filing of a verified application showing, so far as is known by the applicant, that no action concerning the estate is pending in any court, is entitled to receive a certificate from the registrar that the personal representative appears to have fully administered the estate in question. The certificate evidences discharge of any lien on any property given to secure the obligation of the personal representative in lieu of bond or any surety, but does not preclude action against the personal representative or the surety.
L. 73: R&RE, p. 1606, § 1. C.R.S. 1963: § 153-3-1007.
L. 73: R & RE, p. 1606, § 1. C.R.S. 1963: § 153-3-1007.
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 10 - CLOSING ESTATES (§§ 15-12-1001 — 15-12-1009) › Section 15-12-1008 - Subsequent administration

If, after an estate has been settled and the personal representative discharged or after one year after a closing statement has been filed, it is determined that the estate has not been fully administered or fully distributed by reason of subsequently discovered property or for any other reason, the court, upon petition of any interested person, and upon notice as it directs, may appoint the same or a successor personal representative to complete the administration or distribution of the estate. If a new appointment is made, unless the court orders otherwise, the provisions of this code apply as appropriate; but no claim previously barred may be asserted in the subsequent administration.
L. 73: R&RE, p. 1606, § 1. C.R.S. 1963: § 153-3-1008. L. 79: Entire section amended, p. 651, § 13, 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 10 - CLOSING ESTATES (§§ 15-12-1001 — 15-12-1009) › Section 15-12-1009 - Estates not closed after three years or more

(1)
When records of the court indicate no action has been taken in an estate for a period of three years or more, the court may, on its own motion, and after notice to the attorney of record, if available, or if there is no attorney of record, then to the personal representative, enter an order closing the estate without further accounting. Such closure may likewise be ordered upon the motion of any interested person, as defined in section
15-10-201 (27)
, or upon motion of the attorney of record. Any order in such case shall provide for the closing of the estate without further accounting, and such order shall not discharge the personal representative or any other person from any liability to the estate, the court, or any other person; except that sureties upon any bond posted in such proceedings shall be released as to any claim arising after closure of the estate under such circumstances.
(2)
Unless the court has reason to believe the personal representative's conduct in the administration of the estate has been improper, closure of the estate as provided in this section shall be without further accounting, report, or hearing.
(3)
Upon motion of any interested person, an estate closed pursuant to this section shall be reopened by the court.
(4)
This section shall be applicable to all decedents' estates, whether instituted before or after the effective date of this code.
L. 73: R&RE, p. 1606, § 1. C.R.S. 1963: § 153-3-1009. L. 79: Entire section R&RE, p. 659, § 1, effective February 22; entire section R&RE, p. 657, § 2, effective May 25. L. 87: (1) amended, p. 602, § 3, effective July 1. L. 94: (1) amended, p. 1038, § 13, effective 7/1/1995.
For effective date of this code, see § 15-17-101 .
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 11 - COMPROMISE OF CONTROVERSIES (§§ 15-12-1101 — 15-12-1102) › Section 15-12-1101 - Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons

A compromise of any controversy as to admission to probate of any instrument offered for formal probate as the will of a decedent, the construction, validity, or effect of any probated will, the rights or interests in the estate of the decedent, of any successor, or the administration of the estate, if approved in a formal proceeding in the court for that purpose, is binding on all the parties thereto including those unborn, unascertained, or who could not be located. An approved compromise is binding even though it may affect a trust or an inalienable interest. A compromise does not impair the rights of creditors or of taxing authorities who are not parties to it.
L. 73: R&RE, p. 1607, § 1. C.R.S. 1963: § 153-3-1101.
L. 73: R & RE, p. 1607, § 1. C.R.S. 1963: § 153-3-1101.
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 11 - COMPROMISE OF CONTROVERSIES (§§ 15-12-1101 — 15-12-1102) › Section 15-12-1102 - Procedure for securing court approval of compromise

(1)
The procedure for securing court approval of a compromise is as follows:
(a)
The terms of the compromise shall be set forth in an agreement in writing which shall be executed by all competent persons and parents acting for any minor child having beneficial interests or having claims which will or may be affected by the compromise. Execution is not required by any person whose identity cannot be ascertained or whose whereabouts is unknown and cannot reasonably be ascertained.
(b)
Any interested person, including the personal representative or a trustee, then may submit the agreement to the court for its approval and for execution by the personal representative, the trustee of every affected testamentary trust, and other fiduciaries and representatives.
(c)
After notice to all interested persons or their representatives, including the personal representative of the estate and all affected trustees of trusts, the court, if it finds that the contest or controversy is in good faith and that the effect of the agreement upon the interests of persons represented by fiduciaries or other representatives is just and reasonable, shall make an order approving the agreement and directing all fiduciaries under its supervision to execute the agreement. A minor child represented only by his parents may be bound only if his parents join with other competent persons in execution of the compromise, and if there is no conflict of interest between parent and child. Upon the making of the order and the execution of the agreement, all further disposition of the estate is in accordance with the terms of the agreement.
L. 73: R&RE, p. 1607, § 1. C.R.S. 1963: § 153-3-1102.
L. 73: R & RE, p. 1607, § 1. C.R.S. 1963: § 153-3-1102.
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 12 - COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT AND SUMMARY ADMINISTRATION PROCEDURE FOR SMALL ESTATES (§§ 15-12-1201 — 15-12-1205) › Section 15-12-1202 - Effect of affidavit

(1)
The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if he or she dealt with a personal representative of the decedent. He or she is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit.
(2)
If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of the right of persons entitled thereto in a proceeding brought for the purpose by or on behalf of such persons.
(3)
If a proof of right has been established in a proceeding under subsection (2) of this section, any person to whom an affidavit was delivered and who refused, without reasonable cause, to pay, deliver, transfer, or issue any personal property or evidence thereof belonging to the decedent, as provided in section
15-12-1201
, shall be liable for all costs, including reasonable attorney fees and costs, incurred by or on behalf of the persons entitled thereto. The person to whom an affidavit was delivered bears the burden of proving reasonable cause by a preponderance of the evidence.
(4)
Any person to whom payment, delivery, transfer, or issuance is made is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right.
Amended by 2014 Ch. 296,§ 7, eff. 8/6/2014.
L. 73: R&RE, p. 1608, § 1. C.R.S. 1963: § 153-3-1202. L. 2014: Entire section amended, (HB 14-1322), ch. 296, p. 1235, § 7, 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 12 - COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT AND SUMMARY ADMINISTRATION PROCEDURE FOR SMALL ESTATES (§§ 15-12-1201 — 15-12-1205) › Section 15-12-1203 - Small estates - summary administrative procedure

If it appears from the inventory and appraisal that the value of the entire estate, less liens and encumbrances, does not exceed the value of personal property held by or in the possession of the decedent as fiduciary or trustee, exempt property allowance, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, the personal representative, without giving notice to creditors, may immediately disburse and distribute the estate to the persons entitled thereto and file a closing statement as provided in section
15-12-1204
.
L. 73: R&RE, p. 1608, § 1. C.R.S. 1963: § 153-3-1203. L. 75: Entire section amended, p. 600, § 41, 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 12 - COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT AND SUMMARY ADMINISTRATION PROCEDURE FOR SMALL ESTATES (§§ 15-12-1201 — 15-12-1205) › Section 15-12-1204 - Small estates - closing by sworn statement of personal representative

(1)
Unless prohibited by order of the court, and except for estates being administered by supervised personal representatives, a personal representative may close an estate administered under the summary procedures of section
15-12-1203
by filing with the court, at any time after disbursement and distribution of the estate, a verified statement stating that:
(a)
To the best knowledge of the personal representative, the value of the entire estate, less liens and encumbrances, did not exceed the value of personal property held by or in the possession of the decedent as fiduciary or trustee, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent;
(b)
The personal representative has fully administered the estate by disbursing and distributing it to the persons entitled thereto; and
(c)
The personal representative has sent a copy of the closing statement to all distributees of the estate and to all creditors or other claimants of whom he is aware whose claims are neither paid nor barred and has furnished a full account in writing of his administration to the distributees whose interests are affected.
(2)
If no actions or proceedings involving the personal representative are pending in the court one year after the closing statement is filed, the appointment of the personal representative terminates.
(3)
A closing statement filed under this section has the same effect as one filed under section
15-12-1003
.
L. 73: R&RE, p. 1608, § 1. C.R.S. 1963: § 153-3-1204. L. 75: (1)(a) amended, p. 600, § 42, effective July 1.
For remedies for fraud or intentional misstatements, see § 15-10-106.
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 12 - COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT AND SUMMARY ADMINISTRATION PROCEDURE FOR SMALL ESTATES (§§ 15-12-1201 — 15-12-1205) › Section 15-12-1205 - Time of taking effect - provisions for transition

The provisions of sections
15-12-1201
and
15-12-1202
became effective on July 1, 1974, regardless of the date of the death of the decedent.
L. 75: Entire section added, p. 601, § 43, effective July 1.
This section does not apply to the amendments made to §
15-12-1201
after July 1, 1974.
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 13 - DETERMINATION OF HEIRS, DEVISEES, AND PROPERTY INTERESTS BY SPECIAL PROCEEDING (§§ 15-12-1301 — 15-12-1309) › Section 15-12-1301 - Definitions

As used in this part 13, unless the context otherwise requires:
(1)
"Interested person" means an owner by descent or succession, an alleged heir or devisee of a decedent, any other person claiming an ownership interest derived from an owner by descent or succession, or an alleged heir or devisee in any property the descent or succession of which is to be determined pursuant to this part 13, but excluding any person holding a nonownership interest in such property.
(2)
"Owner by descent or succession" means a person in whom all or any part of the decedent's interest in the property vests as a result of intestate or testate succession.
(3)
"Property" means the property interest owned by the decedent at the time of death without regard to other property interests which may be owned by other persons in the same parcel of real property or item of personal property.
Amended by 2016 Ch. 145,§ 2, eff. 8/10/2016.
L. 93: Entire part R&RE, p. 1241, § 1, effective July 1. L. 2016: (1) and (2) amended, (SB 16-133), ch. 145, p. 429, § 2, effective August 10.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 13 - DETERMINATION OF HEIRS, DEVISEES, AND PROPERTY INTERESTS BY SPECIAL PROCEEDING (§§ 15-12-1301 — 15-12-1309) › Section 15-12-1304 - Appearance - hearing

Any interested person or person who may be affected by the ownership of the decedent's interest in the property, the descent or succession of which is to be determined in the petition, may appear and object and establish any proper defense to the petition or any part thereof, or assert or protect any interest the person may claim. An appearance and objection must be presented in writing within the time period for filing an objection as set forth in the notice; except that, for good cause, the court may allow an entry of appearance and objection by an interested person or person who may be affected by the ownership of the property at any time prior to the entry of the court's judgment and decree. If an interested person or person who may be affected by the ownership of the property appears and files a timely objection, the court shall proceed with the hearing on the petition; except that the court may continue the hearing in its discretion or direct such further proceeding as the court may determine. Otherwise, if after proper service pursuant to section
15-12-1303
there are no objections filed to the petition, then the court may enter a judgment and decree pursuant to this part 13 without a hearing.
Amended by 2016 Ch. 145,§ 5, eff. 8/10/2016.
L. 93: Entire part R&RE, p. 1243, § 1, effective July 1. L. 2016: Entire section amended, (SB 16-133), ch. 145, p. 434, § 5, effective August 10.
This section is similar to former § 15-12-1302 as it existed prior to 1993.
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 13 - DETERMINATION OF HEIRS, DEVISEES, AND PROPERTY INTERESTS BY SPECIAL PROCEEDING (§§ 15-12-1301 — 15-12-1309) › Section 15-12-1305 - Judgment

The court shall determine the standing of the petitioner to bring the action; the heirs and devisees of the decedent; the owners by descent or succession of the property; a description of the property, including a legal description if the property is real property; and any other pertinent facts, and shall enter judgment on the petition.
Amended by 2016 Ch. 145,§ 6, eff. 8/10/2016.
L. 93: Entire part R&RE, p. 1244, § 1, effective July 1. L. 2016: Entire section amended, (SB 16-133), ch. 145, p. 435, § 6, effective August 10.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 13 - DETERMINATION OF HEIRS, DEVISEES, AND PROPERTY INTERESTS BY SPECIAL PROCEEDING (§§ 15-12-1301 — 15-12-1309) › Section 15-12-1306 - Decree - conclusive and when - reopening

A decree entered pursuant to this part 13 is conclusive as to the rights of heirs or devisees in the property described in the order from the date of its entry. If such a decree affects title to real property, a certified copy of the decree must be recorded and indexed in the office of the county clerk and recorder of each county in which real property is located in like manner and in like effect as if it were a deed of conveyance from the decedent to the heirs or devisees. Any person claiming to be an heir or devisee, or the grantee or successor in interest of an heir or devisee, not served with notice by personal service or by mail, and who did not admit, accept, or waive service, or consent to the granting of the petition or enter a personal appearance, may petition to reopen the proceeding and modify the decree within one year after the entry thereof, but not thereafter; except that no such modification of the decree may serve to impair the rights of any person who, in reliance upon such decree, in good faith, for value, and without notice, purchased property or acquired a lien upon property. Notwithstanding any provision of this part 13 to the contrary, the admission of a previously unprobated will as part of a proceeding under this part 13 applies only to the decedent's particular property interests described in the petition, in accordance with section
15-12-1302(3)(d)(X)
, for the decedent.
Amended by 2016 Ch. 145,§ 7, eff. 8/10/2016.
L. 93: Entire part R&RE, p. 1244, § 1, effective July 1. L. 2016: Entire section amended, (SB 16-133), ch. 145, p. 435, § 7, effective August 10.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 12 - PROBATE OF WILLS AND ADMINISTRATION (§§ 15-12-101 — 15-12-1501) › Part 13 - DETERMINATION OF HEIRS, DEVISEES, AND PROPERTY INTERESTS BY SPECIAL PROCEEDING (§§ 15-12-1301 — 15-12-1309) › Section 15-12-1307 - Title of proceedings

All such proceedings shall be titled substantially in the following form:
"IN THE MATTER OF THE DETERMINATION OF HEIRS OR DEVISEES OR BOTH, AND OF INTERESTS IN PROPERTY, OF
(Names of decedents)
, Deceased.".
L. 93: Entire part R&RE, p. 1244, § 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 13 - DETERMINATION OF HEIRS, DEVISEES, AND PROPERTY INTERESTS BY SPECIAL PROCEEDING (§§ 15-12-1301 — 15-12-1309) › Section 15-12-1308 - Proceedings under the rules of civil procedure

Nothing herein shall be construed to prevent determination of the descent or the succession of property pursuant to the Colorado Rules of Civil Procedure or any other provision of this code.
Amended by 2019 Ch. 390,§ 9, eff. 8/2/2019.
L. 93: Entire part R&RE, p. 1244, § 1, effective July 1.
This section is similar to former § 15-12-1304 as it existed prior to 1993.
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 13 - DETERMINATION OF HEIRS, DEVISEES, AND PROPERTY INTERESTS BY SPECIAL PROCEEDING (§§ 15-12-1301 — 15-12-1309) › Section 15-12-1309 - Effective date - applicability

This part 13 shall take effect July 1, 1993, and shall apply to all proceedings commenced on or after said date.
L. 93: Entire part R&RE, p. 1244, § 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 14 - COLORADO UNIFORM ESTATE TAX APPORTIONMENT ACT (§§ 15-12-1401 — 15-12-1414) › Section 15-12-1401 - Short title

This part 14 shall be known and may be cited as the "Colorado Uniform Estate Tax Apportionment Act".
Added by 2011 Ch. 184,§ 1, eff. 8/10/2011.
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 14 - COLORADO UNIFORM ESTATE TAX APPORTIONMENT ACT (§§ 15-12-1401 — 15-12-1414) › Section 15-12-1405 - Credits and deferrals

(1)
Except as otherwise provided for in sections
15-12-1406
and
15-12-1407
, the following rules apply to credits and deferrals of estate taxes:
(a)
A credit resulting from the payment of gift taxes or from estate taxes paid on property previously taxed inures ratably to the benefit of all persons to which the estate tax is apportioned.
(b)
A credit for state or foreign estate taxes inures ratably to the benefit of all persons to which the estate tax is apportioned, except that the amount of credit for a state or foreign tax paid by a beneficiary of the property on which the state or foreign tax was imposed, directly or by a charge against the property, inures to the benefit of the beneficiary.
(c)
If payment of a portion of an estate tax is deferred because of the inclusion in the gross estate of a particular interest in property, the benefit of the deferral inures ratably to the persons to whom the estate tax attributable to the interest is apportioned. The burden of any interest charges incurred on a deferral of taxes and the benefit of any tax deduction associated with the accrual or payment of the interest charge is allocated ratably among the persons receiving an interest in the property.
Added by 2011 Ch. 184,§ 1, eff. 8/10/2011.
OFFICIAL COMMENT
Section 2013 of the Internal Revenue Code of 1986 allows a credit for federal estate taxes paid on certain properties that were included in the taxable estate of a person who died within a relatively short time of the decedent's death. This credit often is referred to as a credit for property previously taxed.
A beneficiary of property attracting a foreign or State death tax may have paid that tax directly or may have paid it indirectly by virtue of the tax's being paid out of the property passing to that person. If that occurs, while the beneficiary's payment of the foreign or State tax reduces the amount that the beneficiary will receive, it will not reduce the value of the beneficiary's interest in the apportionable estate according to the definition of "value" in this Act. See section
15-12-1402(8)
. The Act mitigates the beneficiary's burden by giving the beneficiary the benefit of any estate tax credit allowed for the foreign or State tax and paid by the beneficiary.
The benefits and burdens described in subsection (1)(c) are to be allocated ratably among persons in accordance with the amount of deferral or extension attributable to their interests in the apportionable estate.
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 14 - COLORADO UNIFORM ESTATE TAX APPORTIONMENT ACT (§§ 15-12-1401 — 15-12-1414) › Section 15-12-1408 - Securing payment of estate tax from property in possession of fiduciary

(1)
A fiduciary may defer a distribution of property until the fiduciary is satisfied that adequate provision for payment of the estate tax has been made.
(2)
A fiduciary may withhold from a distributee an amount equal to the amount of estate tax apportioned to an interest of the distributee.
(3)
As a condition to a distribution, a fiduciary may require the distributee to provide a bond or other security for the portion of the estate tax apportioned to the distributee.
Added by 2011 Ch. 184,§ 1, eff. 8/10/2011.
OFFICIAL COMMENT
This section grants a fiduciary discretion either to retain funds or to require a distributee to provide security for payment of that distributee's share of the estate tax. The fiduciary's exercise of that discretion and use of retained properties are subject to the fiduciary's duty to treat the parties fairly.