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 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 4 - TRANSFER OF REAL PROPERTY EFFECTIVE ON DEATH (§§ 15-15-401 — 15-15-415) › Section 15-15-404 - Form of beneficiary deed - recording

(1)
An owner may transfer an interest in real property effective on the death of the owner by executing a beneficiary deed that contains the words "conveys on death" or "transfers on death" or otherwise indicates the transfer is to be effective on the death of the owner and recording the beneficiary deed prior to the death of the owner in the office of the clerk and recorder in the county where the real property is located. A beneficiary deed may be in substantially the following form:
BENEFICIARY DEED
(§§
15-15-401
et seq., Colorado Revised Statutes)
CAUTION: THIS DEED MUST BE RECORDED PRIOR TO THE DEATH OF THE GRANTOR IN ORDER TO BE EFFECTIVE.
______________________________________ , as grantor,
(Name of grantor)
designates____________________________________ as
(Name of grantee-beneficiary)
grantee-beneficiary whose address is __________________ (Note to Assessor and Treasurer: This address is for identification purposes only, all notices and tax statements should continue to be sent to grantor.)
(Optional)[or if grantee-beneficiary fails to survive grantor, grantor designates _________________________, as
(Name of successor grantee-beneficiary)
successor grantee-beneficiary whose address is _____________________________________________]
and grantor transfers, sells, and conveys on grantor's death to the grantee-beneficiary, the following described real property located in the County of ___________, State of Colorado:
(insert legal description here)
Known and numbered as _______________
THIS BENEFICIARY DEED IS REVOCABLE. IT DOES NOT TRANSFER ANY OWNERSHIP UNTIL THE DEATH OF THE GRANTOR. IT REVOKES ALL PRIOR BENEFICIARY DEEDS BY THIS GRANTOR FOR THIS REAL PROPERTY EVEN IF THIS BENEFICIARY DEED FAILS TO CONVEY ALL OF THE GRANTOR'S INTEREST IN THIS REAL PROPERTY.
WARNING: EXECUTION OF THIS BENEFICIARY DEED MAY DISQUALIFY THE GRANTOR FROM BEING DETERMINED ELIGIBLE FOR, OR FROM RECEIVING, MEDICAID UNDER TITLE 25.5, COLORADO REVISED STATUTES. WARNING: EXECUTION OF THIS BENEFICIARY DEED MAY NOT AVOID PROBATE.
Executed this______________.
(Date)
_________________________________
(Grantor)
(2)
Unless the owner designates otherwise in a beneficiary deed, a beneficiary deed shall not be deemed to contain any warranties of title and shall have the same force and effect as a conveyance made using a bargain and sale deed.
Amended by 2018 Ch. 274, § 13, eff. 5/29/2018.
L. 2004: Entire part added, p. 728, § 1, effective August 4. L. 2018: (1) amended, (HB 18-1375), ch. 274, p.1697, § 13, effective May 29.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 4 - TRANSFER OF REAL PROPERTY EFFECTIVE ON DEATH (§§ 15-15-401 — 15-15-415) › Section 15-15-405 - Revocation - change - revocation by will prohibited

(1)
An owner may revoke a beneficiary deed by executing an instrument that describes the real property affected, that revokes the deed, and that is recorded prior to the death of the owner in the office of the clerk and recorder in the county where the real property is located. The joinder, signature, consent, agreement of, or notice to, the grantee-beneficiary is not required for the revocation to be effective. A revocation may be in substantially the following form:
REVOCATION OF BENEFICIARY DEED
(§§
15-15-401
et seq., Colorado Revised Statutes)
CAUTION: THIS REVOCATION MUST BE RECORDED PRIOR TO THE DEATH OF THE GRANTOR IN ORDER TO BE EFFECTIVE.
____________________________, as grantor, hereby (Name of grantor) REVOKES all beneficiary deeds concerning the following described real property located in the County of __________, State of Colorado: (insert legal description here) Known and numbered as _______________ Executed this __________. (Date) _________________________________ (Grantor)
(2)
A subsequent beneficiary deed revokes all prior grantee-beneficiary designations by the owner for the described real property in their entirety even if the subsequent beneficiary deed fails to convey all of the owner's interest in the described real property. The joinder, signature, consent, or agreement of, or notice to, either the original or new grantee-beneficiary is not required for the change to be effective.
(3)
The most recently executed beneficiary deed or revocation of all beneficiary deeds or revocations that have been recorded prior to the owner's death shall control regardless of the order of recording.
(4)
A beneficiary deed that complies with the requirements of this part 4 may not be revoked, altered, or amended by the provisions of the will of the owner.
L. 2004: Entire part added, p. 729, § 1, effective August 4.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 4 - TRANSFER OF REAL PROPERTY EFFECTIVE ON DEATH (§§ 15-15-401 — 15-15-415) › Section 15-15-406 - Acknowledgment

A beneficiary deed or revocation of a beneficiary deed shall be subject to the requirements of section
38-35-109(2)
, C.R.S., and may be acknowledged in accordance with section
38-35-101
, C.R.S.
L. 2004: Entire part added, p. 730, § 1, effective August 4.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 4 - TRANSFER OF REAL PROPERTY EFFECTIVE ON DEATH (§§ 15-15-401 — 15-15-415) › Section 15-15-408 - Joint tenancy - definitions

(1)
A joint tenant of an interest in real property may use the procedures described in this part 4 to transfer his or her interest effective upon the death of such joint tenant. However, title to the interest shall vest in the designated grantee-beneficiary only if the joint tenant-grantor is the last to die of all of the joint tenants of such interest. If a joint tenant-grantor is not the last joint tenant to die, the beneficiary deed shall not be effective, and the beneficiary deed shall not make the grantee-beneficiary an owner in joint tenancy with the surviving joint tenant or tenants. A beneficiary deed shall not sever a joint tenancy.
(2)
As used in this section, "joint tenant" means a person who owns an interest in real property as a joint tenant with right of survivorship.
L. 2004: Entire part added, p. 731, § 1, effective August 4.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 4 - TRANSFER OF REAL PROPERTY EFFECTIVE ON DEATH (§§ 15-15-401 — 15-15-415) › Section 15-15-409 - [Repealed]

L. 2004: Entire part added, p. 731, § 1, effective August 4. L. 2006: Entire section repealed, p. 393, § 29, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 4 - TRANSFER OF REAL PROPERTY EFFECTIVE ON DEATH (§§ 15-15-401 — 15-15-415) › Section 15-15-410 - Purchaser from grantee-beneficiary protected

(1)
Subject to the rights of claimants under section
15-15-407(2)
, if the property acquired by a grantee-beneficiary or a security interest therein is acquired for value and without notice by a purchaser from, or lender to, a grantee-beneficiary, the purchaser or lender shall take title free of rights of an interested person in the deceased owner's estate and shall not incur personal liability to the estate or to any interested person.
(2)
For purposes of this section, any recorded instrument evidencing a transfer to a purchaser from, or lender to, a grantee-beneficiary on which a state documentary fee is noted pursuant to section
39-13-103
, C.R.S., shall be prima facie evidence that the transfer was made for value. Any such sale or loan by the grantee-beneficiary shall not relieve the grantee-beneficiary of the obligation to the personal representative of the deceased owner's estate under section
15-15-103
.
L. 2004: Entire part added, p. 732, § 1, effective August 4. L. 2007: (2) amended, p. 2028, § 32, effective June 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 4 - TRANSFER OF REAL PROPERTY EFFECTIVE ON DEATH (§§ 15-15-401 — 15-15-415) › Section 15-15-411 - Limitations on actions and proceedings against grantee-beneficiaries

(1)
Unless previously adjudicated or otherwise barred, the claim of a claimant to recover from a grantee-beneficiary who is liable to pay the claim, and the right of an heir or devisee or of a personal representative acting on behalf of an heir or devisee, to recover property from a grantee-beneficiary or the value thereof from a grantee-beneficiary is forever barred as follows:
(a)
A claim by a creditor of the owner is forever barred at one year after the owner's death.
(b)
Any other claimant or an heir or devisee is forever barred at the earlier of the following:
(I)
Three years after the owner's death; or
(II)
One year after the time of recording the proof of death of the owner in the office of the clerk and recorder in the county in which the legal property is located.
(2)
Nothing in this section shall be construed to bar an action to recover property or value received as the result of fraud.
L. 2004: Entire part added, p. 733, § 1, effective August 4.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 4 - TRANSFER OF REAL PROPERTY EFFECTIVE ON DEATH (§§ 15-15-401 — 15-15-415) › Section 15-15-412 - Nontestamentary disposition

A beneficiary deed shall not be construed to be a testamentary disposition and shall not be invalidated due to nonconformity with the provisions of the code governing wills.
Amended by 2019 Ch. 390,§ 10, eff. 8/2/2019.
L. 2004: Entire part added, p. 733, § 1, effective August 4.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 4 - TRANSFER OF REAL PROPERTY EFFECTIVE ON DEATH (§§ 15-15-401 — 15-15-415) › Section 15-15-413 - Proof of death

Proof of the death of the owner or a grantee-beneficiary shall be established in the same manner as for proving the death of a joint tenant.
L. 2004: Entire part added, p. 733, § 1, effective August 4.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 4 - TRANSFER OF REAL PROPERTY EFFECTIVE ON DEATH (§§ 15-15-401 — 15-15-415) › Section 15-15-414 - Disclaimer

A grantee-beneficiary may refuse to accept all or any part of the real property interest described in a beneficiary deed. A grantee-beneficiary may disclaim all or any part of the real property interest described in a beneficiary deed by any method provided by law. If a grantee-beneficiary refuses to accept or disclaims any real property interest, the grantee-beneficiary shall have no liability by reason of being designated as a grantee-beneficiary under this part 4.
L. 2004: Entire part added, p. 733, § 1, effective August 4.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 15 - NONPROBATE TRANSFERS ON DEATH (§§ 15-15-101 — 15-15-415) › Part 4 - TRANSFER OF REAL PROPERTY EFFECTIVE ON DEATH (§§ 15-15-401 — 15-15-415) › Section 15-15-415 - Applicability

The provisions of this part 4 shall apply to beneficiary deeds executed by owners who die on or after August 4, 2004.
L. 2004: Entire part added, p. 733, § 1, effective August 4.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 1 - [Repealed] (§ 15-16-101) › Section 15-16-101 - to 15-16-106 - [Repealed]

Section 15-16-106 provided for the repeal of part 1, effective January 1, 2019. (See L. 2018, pp. 1192, 1194.)
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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 2 - [Repealed] (§ 15-16-201) › Section 15-16-201 - to 15-16-207 - [Repealed]

Section 15-16-207 provided for the repeal of part 2, effective January 1, 2019. (See L. 2018, pp. 1192, 1194.)
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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 3 - [Repealed] (§ 15-16-301) › Section 15-16-301 - to 15-16-308 - [Repealed]

Section 15-16-308 provided for the repeal of part 3, effective January 1, 2019. (See L. 2018, pp. 1192, 1194.)
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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 4 - [Repealed] (§ 15-16-401) › Section 15-16-401 - and 15-16-402 - [Repealed]

Section 15-16-402 provided for the repeal of part 4, effective January 1, 2019. (See L. 2018, pp. 1192, 1194.)
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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 5 - [Repealed] (§ 15-16-501) › Section 15-16-501 - to 15-16-503 - [Repealed]

Section 15-16-503 provided for the repeal of part 5, effective January 1, 2019. (See L. 2018, pp. 1192, 1194.)
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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 6 - [Repealed] (§ 15-16-601) › Section 15-16-601 - and 15-16-602 - [Repealed]

Section 15-16-602 provided for the repeal of part 6, effective January 1, 2019. (See L. 2018, pp. 1192, 1194.)
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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 7 - [Repealed] (§ 15-16-701) › Section 15-16-701 - to 15-16-705 - [Repealed]

Section 15-16-705 provided for the repeal of part 7, effective January 1, 2019. (See L. 2018, pp. 1192, 1194.)
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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 8 - COLORADO UNIFORM DIRECTED TRUST ACT (§§ 15-16-801 — 15-16-818) › Section 15-16-801 - Short title

This short title of this part 8 is the "Colorado Uniform Directed Trust Act".
Added by 2019 Ch. 51,§ 1, eff. 8/2/2019.
L. 2019: Entire part R & RE, (SB 19-105), ch. 166, p. 166, § 1, effective August 2.
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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 8 - COLORADO UNIFORM DIRECTED TRUST ACT (§§ 15-16-801 — 15-16-818) › Section 15-16-803 - Application - principal place of administration

(1)
This part 8 applies to a trust, whenever created, that has its principal place of administration in this state, subject to the following rules:
(a)
If the trust was created before August 2, 2019, this part 8, as amended in 2019, applies only to a decision or action occurring on or after August 2, 2019.
(b)
If the principal place of administration of the trust is changed to this state on or after August 2, 2019, this part 8 applies only to a decision or action occurring on or after the date of the change.
(2)
Without precluding other means to establish a sufficient connection with the designated jurisdiction in a directed trust, terms of the trust that designate the principal place of administration of the trust are valid and controlling if:
(a)
A trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction;
(b)
A trust director's principal place of business is located in or a trust director is a resident of the designated jurisdiction;
(c)
All or part of the administration occurs in the designated jurisdiction; or
(d)
The trust is duly registered with a court in the designated jurisdiction.
Added by 2019 Ch. 51,§ 1, eff. 8/2/2019.
L. 2019: Entire part R & RE, (SB 19-105), ch. 168, p. 168, § 1, effective August 2.
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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 8 - COLORADO UNIFORM DIRECTED TRUST ACT (§§ 15-16-801 — 15-16-818) › Section 15-16-804 - Common law and principles of equity

The common law and principles of equity supplement this part 8, except to the extent modified by this part 8 or law of this state other than this part 8.
Added by 2019 Ch. 51,§ 1, eff. 8/2/2019.
L. 2019: Entire part R & RE, (SB 19-105), ch. 168, p. 168, § 1, effective August 2.
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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 8 - COLORADO UNIFORM DIRECTED TRUST ACT (§§ 15-16-801 — 15-16-818) › Section 15-16-805 - Exclusions - definition

(1)
In this section, "power of appointment" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property.
(2)
This act does not apply to a:
(a)
Power of appointment;
(b)
Power to appoint or remove a trustee or trust director;
(c)
Power of a settlor over a trust to the extent the settlor has a power to revoke the trust;
(d)
Power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:
(I)
The beneficiary; or
(II)
Another beneficiary represented by the beneficiary under sections
15-5-301
to
15-5-305
with respect to the exercise or nonexercise of the power;
(e)
Power over a trust if:
(I)
The terms of the trust provide that the power is held in a nonfiduciary capacity; and
(II)
The power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the federal "Internal Revenue Code of 1986", as amended, and regulations issued thereunder, as amended; or
(f)
A power under section
15-5-409.5(1)(d)
to enforce the intended use of the principal and income of a trust authorized by section
15-5-408
for the care of designated domestic or pet animals and the animals' offspring in gestation, if the power is held by a person having custody of an animal for which care is provided by the trust or by a remainder beneficiary of the trust, unless the terms of the trust specifically provide that the power held by the custodian or remainder beneficiary is subject to this part 8.
(3)
Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property that is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.
Added by 2019 Ch. 51,§ 1, eff. 8/2/2019.
L. 2019: Entire part R & RE, (SB 19-105), ch. 168, p. 168, § 1, effective August 2.
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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 8 - COLORADO UNIFORM DIRECTED TRUST ACT (§§ 15-16-801 — 15-16-818) › Section 15-16-806 - Powers of trust director

(1)
Subject to section
15-16-807
, the terms of a trust may grant a power of direction to a trust director.
(2)
Unless the terms of a trust provide otherwise:
(a)
A trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the director under subsection (1) of this section; and
(b)
Trust directors with joint powers must act by majority decision.
Added by 2019 Ch. 51,§ 1, eff. 8/2/2019.
L. 2019: Entire part R & RE, (SB 19-105), ch. 169, p. 169, § 1, effective August 2.
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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 8 - COLORADO UNIFORM DIRECTED TRUST ACT (§§ 15-16-801 — 15-16-818) › Section 15-16-807 - Limitations on powers of trust director

(1)
A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction regarding:
(a)
A payback provision in the terms of the trust necessary for compliance with the reimbursement requirements of medicaid law in section 1917 of the federal "Social Security Act",
42 U.S.C. sec. 1396p(d)(4)(A)
, as amended, and regulations issued thereunder, as amended; and
(b)
A charitable interest in the trust, including notice regarding the interest to the attorney general.
Added by 2019 Ch. 51,§ 1, eff. 8/2/2019.
L. 2019: Entire part R & RE, (SB 19-105), ch. 169, p. 169, § 1, effective August 2.
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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 8 - COLORADO UNIFORM DIRECTED TRUST ACT (§§ 15-16-801 — 15-16-818) › Section 15-16-808 - Duty and liability of trust director

(1)
Subject to subsection (2) of this section, with respect to a power of direction or a further power under section
15-16-806(2)(a)
:
(a)
A trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power:
(I)
If the power is held individually, as a sole trustee in a like position and under similar circumstances; or
(II)
If the power is held jointly with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances; and
(b)
The terms of the trust may vary the director's duty or liability to the same extent the terms of the trust could vary the duty or liability of a trustee in a like position and under similar circumstances.
(2)
Unless the terms of a trust provide otherwise, if a trust director is licensed, certified, or otherwise authorized or permitted by law other than this part 8 to provide health care in the ordinary course of the director's business or practice of a profession, to the extent the director acts in that capacity, the director has no duty or liability under this part 8.
(3)
The terms of a trust may impose a duty or liability on a trust director in addition to the duties and liabilities under this section.
Added by 2019 Ch. 51,§ 1, eff. 8/2/2019.
L. 2019: Entire part R & RE, (SB 19-105), ch. 170, p. 170, § 1, effective August 2.
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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 8 - COLORADO UNIFORM DIRECTED TRUST ACT (§§ 15-16-801 — 15-16-818) › Section 15-16-809 - Duty and liability of directed trustee

(1)
Subject to subsection (2) of this section, a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under section
15-16-806(2)(a)
, and the trustee is not liable for the action.
(2)
A directed trustee must not comply with a trust director's exercise or nonexercise of a power of direction or further power under section
15-16-806(2)(a)
to the extent that by complying the trustee would engage in willful misconduct.
(3)
An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if:
(a)
The breach involved the trustee's or other director's willful misconduct;
(b)
The release was induced by improper conduct of the trustee or other director in procuring the release; or
(c)
At the time of the release, the director did not know the material facts relating to the breach.
(4)
A directed trustee that has reasonable doubt about its duty under this section may petition the court for instructions.
(5)
The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section.
Added by 2019 Ch. 51,§ 1, eff. 8/2/2019.
L. 2019: Entire part R & RE, (SB 19-105), ch. 170, p. 170, § 1, effective August 2.
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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 8 - COLORADO UNIFORM DIRECTED TRUST ACT (§§ 15-16-801 — 15-16-818) › Section 15-16-810 - Duty to provide information to trust director or trustee

(1)
Subject to section
15-16-811
, a trustee shall provide information to a trust director to the extent the information is reasonably related both to:
(a)
The powers or duties of the trustee; and
(b)
The powers or duties of the director.
(2)
Subject to section
15-16-811
, a trust director shall provide information to a trustee or another trust director to the extent the information is reasonably related both to:
(a)
The powers or duties of the director; and
(b)
The powers or duties of the trustee or other director.
(3)
A trustee that acts in reliance on information provided by a trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trustee engages in willful misconduct.
(4)
A trust director that acts in reliance on information provided by a trustee or another trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trust director engages in willful misconduct.
(5)
A trustee shall provide a copy of the terms of the trust to a trust director.
Added by 2019 Ch. 51,§ 1, eff. 8/2/2019.
L. 2019: Entire part R & RE, (SB 19-105), ch. 171, p. 171, § 1, effective August 2.
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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 8 - COLORADO UNIFORM DIRECTED TRUST ACT (§§ 15-16-801 — 15-16-818) › Section 15-16-811 - No duty to monitor, inform, or advise

(1)
Unless the terms of a trust provide otherwise:
(a)
A trustee does not have a duty to:
(I)
Monitor a trust director; or
(II)
Inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the director; and
(b)
By taking an action described in subsection (1)(a) of this section, a trustee does not assume a duty excluded by subsection (1)(a) of this section.
(2)
Unless the terms of a trust provide otherwise:
(a)
A trust director does not have a duty to:
(I)
Monitor a trustee or another trust director; or
(II)
Inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the director might have acted differently than a trustee or another trust director; and
(b)
By taking an action described in subsection (2)(a) of this section, a trust director does not assume the duty excluded by subsection (2)(a) of this section.
(3)
Unless the terms of a trust provide otherwise, section
15-5-1012
does not apply to a trust director.
Added by 2019 Ch. 51,§ 1, eff. 8/2/2019.
L. 2019: Entire part R & RE, (SB 19-105), ch. 171, p. 171, § 1, effective August 2.
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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 8 - COLORADO UNIFORM DIRECTED TRUST ACT (§§ 15-16-801 — 15-16-818) › Section 15-16-812 - Application to cotrustee

The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee's exercise or nonexercise of a power of the other cotrustee to the same extent that in a directed trust a directed trustee is relieved from duty and liability with respect to a trust director's power of direction under sections
15-16-809
to
15-16-811
.
Added by 2019 Ch. 51,§ 1, eff. 8/2/2019.
L. 2019: Entire part R & RE, (SB 19-105), ch. 172, p. 172, § 1, effective August 2.
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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 8 - COLORADO UNIFORM DIRECTED TRUST ACT (§§ 15-16-801 — 15-16-818) › Section 15-16-813 - Limitations of action against trust director

(1)
An action against a trust director for breach of trust must be commenced within the same limitations period as an action against a trustee for a similar breach of trust as prescribed by section
15-5-1005
.
(2)
A report or accounting has the same effect on the limitations period for an action against the director that the report or accounting would have if the director were a trustee as prescribed by section
15-5-1005
.
Added by 2019 Ch. 51,§ 1, eff. 8/2/2019.
L. 2019: Entire part R & RE, (SB 19-105), ch. 172, p. 172, § 1, effective August 2.
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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 8 - COLORADO UNIFORM DIRECTED TRUST ACT (§§ 15-16-801 — 15-16-818) › Section 15-16-814 - Defenses in action against trust director

In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.
Added by 2019 Ch. 51,§ 1, eff. 8/2/2019.
L. 2019: Entire part R & RE, (SB 19-105), ch. 172, p. 172, § 1, effective August 2.
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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 8 - COLORADO UNIFORM DIRECTED TRUST ACT (§§ 15-16-801 — 15-16-818) › Section 15-16-815 - Jurisdiction over trust director

(1)
By accepting appointment as a trust director of a trust subject to this part 8, the director submits to personal jurisdiction of the courts of this state regarding any matter related to a power or duty of the director.
(2)
This section does not preclude other methods of obtaining jurisdiction over a trust director.
Added by 2019 Ch. 51,§ 1, eff. 8/2/2019.
L. 2019: Entire part R & RE, (SB 19-105), ch. 172, p. 172, § 1, effective August 2.
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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 8 - COLORADO UNIFORM DIRECTED TRUST ACT (§§ 15-16-801 — 15-16-818) › Section 15-16-816 - Office of trust director

(1)
Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding the following matters:
(a)
Acceptance under section
15-5-701
;
(b)
Giving of bond to secure performance under section
15-5-702
;
(c)
Reasonable compensation under sections
15-5-1004
,
15-10-501(3)
, and
15-10-601
;
(d)
Resignation under section
15-5-705
;
(e)
Removal under section
15-5-706
;
(f)
Vacancy and appointment of successor under section
15-5-704
; and
(g)
The right to petition the court for instructions under section
15-5-201(3)
.
Added by 2019 Ch. 51,§ 1, eff. 8/2/2019.
L. 2019: Entire part R & RE, (SB 19-105), ch. 173, p. 173, § 1, effective August 2.
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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 8 - COLORADO UNIFORM DIRECTED TRUST ACT (§§ 15-16-801 — 15-16-818) › Section 15-16-817 - 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 2019 Ch. 51,§ 1, eff. 8/2/2019.
L. 2019: Entire part R & RE, (SB 19-105), ch. 173, p. 173, § 1, effective August 2.
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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 8 - COLORADO UNIFORM DIRECTED TRUST ACT (§§ 15-16-801 — 15-16-818) › Section 15-16-818 - Relation to electronic signatures in global and national commerce act

This part 8 modifies, limits, or supersedes the federal "Electronic Signatures in Global and National Commerce Act",
15 U.S.C. sec. 7001
et seq., but does not modify, limit, or supersede section 101 (c) of that act,
15 U.S.C. sec. 7001(c)
, or authorize electronic delivery of any of the notices described in section 103 (b) of that act,
15 U.S.C. sec. 7003(b)
.
Added by 2019 Ch. 51,§ 1, eff. 8/2/2019.
L. 2019: Entire part R & RE, (SB 19-105), ch. 173, p. 173, § 1, effective August 2.
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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 9 - COLORADO UNIFORM TRUST DECANTING ACT (§§ 15-16-901 — 15-16-931) › Section 15-16-901 - Short title

The short title of this part 9 is the "Colorado Uniform Trust Decanting Act".
Added by 2016 Ch. 228,§ 1, eff. 8/10/2016.
L. 2016: Entire part added, (SB 16-085), ch. 228, p. 869, § 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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 9 - COLORADO UNIFORM TRUST DECANTING ACT (§§ 15-16-901 — 15-16-931) › Section 15-16-910 - Formalities

An exercise of the decanting power must be made in a record signed by an authorized fiduciary. The signed record must, directly or by reference to the notice required by section
15-16-907
, identify the first trust and the second trust or trusts and state the property of the first trust being distributed to each second trust and the property, if any, that remains in the first trust.
Added by 2016 Ch. 228,§ 1, eff. 8/10/2016.
L. 2016: Entire part added, (SB 16-085), ch. 228, p. 878, § 1, effective August 10.
COMMENT
Once the authorized fiduciary has provided the requisite notice of a proposed decanting under Section
15-16-907
and the notice period has either passed or been waived as provided in Section
15-16-907(6)
, then on or about the proposed effective date for the exercise of the decanting power the authorized fiduciary may effectuate the decanting by a signed record. The notice (a) includes copies of the first-trust instrument and the second-trust instrument, (b) specifies the manner in which the decanting power would be exercised, including which property of the first trust is being distributed to each of the second trusts and which property, if any, remains in the first trust, and (c) specifies the proposed effective date for the decanting. In the case of an exercise of the decanting power that is structured as a modification of the first trust, the signed record required by Section 15-16-910 may be the same instrument setting forth the terms of the modified trust. Where the decanting is structured as a distribution to a separate second trust, generally the signed record required by Section 15-16-910 will be a separate instrument from the second-trust instrument.
The decanting power can be exercised by either an actual distribution of property to one or more second trusts or by modifying the terms of the first trust to create the second trust with or without an actual distribution of property. If the decanting power is exercised by modifying the terms of the first trust, the trustee could either treat the second trust created by such modification as a new trust, in which case the property of the first trust would need to be transferred to the second trust, or alternatively treat the second trust as a continuation of the first trust, in which case the property of the first trust would not need to be retitled.
Other actions may be required to formally complete the transfer of property from the first trust to the second trust, such as retitling accounts, executing deeds, and signing assignments.
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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 9 - COLORADO UNIFORM TRUST DECANTING ACT (§§ 15-16-901 — 15-16-931) › Section 15-16-921 - Need to distribute not required

An authorized fiduciary may exercise the decanting power regardless of whether under the first trust's discretionary distribution standard the fiduciary would have made or could have been compelled to make a discretionary distribution of principal at the time of the exercise.
Added by 2016 Ch. 228,§ 1, eff. 8/10/2016.
L. 2016: Entire part added, (SB 16-085), ch. 228, p. 888, § 1, effective August 10.
COMMENT
Although the decanting power under Sections
15-16-911
and
15-16-912
is premised on the authorized fiduciary's power to distribute principal of the first trust to one or more current beneficiaries, the authorized fiduciary may exercise the decanting power even if the authorized fiduciary would not have made a distribution of principal to a current beneficiary under the distribution standard of the first trust. For example, assume a trust permits the trustee to distribute income and principal to S for S's support and health care, considering S's other resources, and that given S's other resources the trustee would not currently make a distribution to S. The trustee may still exercise the decanting power under Section
15-16-912
.
Section 15-16-921, however, does not authorize an exercise of the decanting power under Sections
15-16-911
and
15-16-912
if the authorized fiduciary does not currently have a power to distribute principal. For example, if a trust permits income to be distributed to A, but does not permit principal distributions until A is age 25 or has a child, and A is age 21 and has no child, the trustee may not decant the trust under Section
15-16-911
or Section
15-16-912
.
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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 9 - COLORADO UNIFORM TRUST DECANTING ACT (§§ 15-16-901 — 15-16-931) › Section 15-16-924 - Terms of second trust

A reference in this title 15 to a trust instrument or terms of the trust includes a second-trust instrument and the terms of the second trust.
Added by 2016 Ch. 228,§ 1, eff. 8/10/2016.
L. 2016: Entire part added, (SB 16-085), ch. 228, p. 889, § 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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 9 - COLORADO UNIFORM TRUST DECANTING ACT (§§ 15-16-901 — 15-16-931) › Section 15-16-928 - 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 2016 Ch. 228,§ 1, eff. 8/10/2016.
L. 2016: Entire part added, (SB 16-085), ch. 228, p. 890, § 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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 9 - COLORADO UNIFORM TRUST DECANTING ACT (§§ 15-16-901 — 15-16-931) › Section 15-16-929 - Relation to electronic signatures in global and national commerce act

This part 9 modifies, limits, or supersedes the "Electronic Signatures in Global and National Commerce Act",
15 U.S.C. sec. 7001
et seq., but does not modify, limit, or supersede section 101 (c) of that act,
15 U.S.C. sec. 7001(c)
, or authorize electronic delivery of any of the notices described in section 103 (b) of that act,
15 U.S.C. sec. 7003(b)
.
Added by 2016 Ch. 228,§ 1, eff. 8/10/2016.
L. 2016: Entire part added, (SB 16-085), ch. 228, p. 890, § 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 16 - TRUST ADMINISTRATION (§§ 15-16-101 — 15-16-931) › Part 9 - COLORADO UNIFORM TRUST DECANTING ACT (§§ 15-16-901 — 15-16-931) › Section 15-16-930 - Severability

If any provision of this part 9 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part 9 which can be given effect without the invalid provision or application, and to this end the provisions of this part 9 are severable.
Added by 2016 Ch. 228,§ 1, eff. 8/10/2016.
L. 2016: Entire part added, (SB 16-085), ch. 228, p. 890, § 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 17 - EFFECTIVE DATE - TRANSITION (§§ 15-17-101 — 15-17-103) › Section 15-17-101 - Time of taking effect - provisions for transition

(1)
This code takes effect on July 1, 1974.
(2)
Except as provided elsewhere in this code, including but not limited to sections
15-11-601
,
15-11-701
,
15-11-1106
, and
15-17-103
, on the effective date of this code or of any amendment to this code:
(a)
The code or the amendment applies to governing instruments executed by decedents dying thereafter;
(b)
The code or the amendment applies to any proceedings in court then pending or thereafter commenced, regardless of the time of the death of decedent, except to the extent that in the opinion of the court the former procedure should be made applicable in a particular case in the interest of justice or because of infeasibility of application of the procedure of this code or any amendment to this code;
(c)
Every personal representative or other fiduciary holding an appointment on July 1, 1974, or before the effective date of an amendment to this code continues, to hold the appointment but has only the powers conferred by this code and by any amendment to this code and is subject to the duties imposed by this code and by any amendment to this code with respect to any act occurring or done thereafter;
(d)
An act done before July 1, 1974, or before the effective date of an amendment to this code, in any proceeding is not impaired by this code or by any amendment to this code. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before July 1, 1974, or before the effective date of an amendment to this code, the provisions of that statute shall remain in force with respect to that right;
(e)
Any rule of construction or presumption provided in this code or in any amendment to this code applies to governing instruments executed before July 1, 1974, or before the effective date of an amendment to this code, unless there is a clear indication of a contrary intent;
(f)
No provision of this code or of any amendment to this code shall apply retroactively if the court determines that such application would cause the provisions to be retrospective in its operation in violation of section 11 of article II of the state constitution; and
(g)
The law in effect at the time of death identifies the heirs and determines the shares under intestacy in accordance with sections
15-11-101
to
15-11-103
.
Amended by 2018 Ch. 169, § 15, eff. 1/1/2019.
Amended by 2013 Ch. 190, § 14, eff. 8/7/2013.
L. 73: R&RE, p. 1645, § 1. C.R.S. 1963: § 153-8-101. L. 75: (2)(b) and (2)(c) amended, p. 606, § 61, effective July 1. L. 2013: Entire section amended, (SB 13-077), ch. 190, p. 779, § 14, effective August 7. L. 2018: IP(2) amended, (SB 18-180), ch. 169, p. 1194, § 15, 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 17 - EFFECTIVE DATE - TRANSITION (§§ 15-17-101 — 15-17-103) › Section 15-17-102 - [Repealed]

Repealed by 2013 Ch. 190, § 15, eff. 8/7/2013.
L. 94: Entire section added, p. 1039, § 14, effective 7/1/1995. L. 2013: Entire section repealed, (SB 13-077), ch. 190, p. 780, § 15, 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 17 - EFFECTIVE DATE - TRANSITION (§§ 15-17-101 — 15-17-103) › Section 15-17-103 - Effective date - applicability of repealed and reenacted parts 1 to 4 of article 14 of this title

(1)
Parts 1 to 4 of article
14
of this title, as repealed and reenacted effective January 1, 2001, shall apply to any and all estates, trusts, or protective proceedings whether created or filed prior to or on or after said date.
(2)
In circumstances where the terms of an instrument creating an estate or trust created prior to January 1, 2001, or in cases where court orders have been issued prior to January 1, 2001, which are contrary to, or inconsistent with, the law or procedure set forth in parts 1 to 4 of article
14
of this title, as repealed and reenacted effective January 1, 2001, the court orders or terms of the instrument will control unless and until the court issues subsequent orders as authorized under said parts 1 to 4.
L. 2001: Entire section added, p. 889, § 10, effective June 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › DECLARATIONS - FUTURE HEALTH CARE TREATMENT (§§ 15-18-101 — 15-18.7-207) › Article 18 - COLORADO MEDICAL TREATMENT DECISION ACT (§§ 15-18-101 — 15-18-113) › Section 15-18-101 - Short title

This article shall be known and may be cited as the "Colorado Medical Treatment Decision Act".
L. 2010: Entire article R&RE, (HB 10-1025), ch. 113, p. 375, §1, effective August 11.