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 10 - GENERAL PROVISIONS, DEFINITIONS, JURISDICTION (§§ 15-10-101 — 15-10-606) › Part 1 - SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS (§§ 15-10-101 — 15-10-112) › Section 15-10-106.5 - Petition to determine cause and date of death resulting from disaster - body unidentifiable or missing

(1)
If the occurrence of a disaster has been declared by proclamation of the governor under section
24-33.5-704
, C.R.S., and it appears that a person has died as a direct result, but the remains have not been located or are unidentifiable, the coroner, sheriff, or district attorney for the county in which any part of such disaster occurred, the spouse, next of kin, or public administrator for such county, or, thirty days after the disaster was declared, any other person, may apply to the coroner of such county asking that the coroner determine the cause, manner, and date of death of the alleged decedent.
(2)
(a)
Such application shall contain the facts and circumstances concerning the disaster, the reasons for the belief that the alleged decedent perished, a statement that the alleged decedent's remains have not been located or are unidentifiable, and the names and addresses of all persons known or believed to be heirs at law of the alleged decedent.
(b)
The application shall contain an affidavit in which the applicant states the following information to the extent of the applicant's personal knowledge, information, and belief:
(I)
The full name of the alleged decedent;
(II)
The alleged decedent's residential address, including city, county, and zip code;
(III)
The alleged decedent's date and place of birth;
(IV)
The alleged decedent's sex, race, ethnicity, and social security number;
(V)
The full names of the alleged decedent's parents and the mother's maiden name;
(VI)
The applicant's name, address, telephone number, and relationship to the alleged decedent;
(VII)
The identification number of any missing person report filed concerning the alleged decedent;
(VIII)
The date and time of the applicant's last contact with the alleged decedent and a description of that contact;
(IX)
The basis for the belief that the alleged decedent was physically present at the time and place of an occurrence declared under section
24-33.5-704
, C.R.S.;
(X)
A description of the efforts undertaken by the applicant, and efforts the applicant knows others to have undertaken, to locate or identify the alleged decedent;
(XI)
Whether the alleged decedent served in the armed forces of the United States and, if so, the branch and dates of service;
(XII)
If the alleged decedent was employed, the name of the alleged decedent's employer and the employer's address and telephone number; and
(XIII)
The alleged decedent's marital status, the name of spouse, and wife's maiden name, if applicable.
(c)
The applicant shall pay an application fee of twenty-five dollars when filing the application.
(d)
The coroner shall assign an application number to the application.
(3)
If the coroner finds sufficient evidence that a disaster occurred and that the alleged decedent named in the application may be presumed to have died, then the coroner shall issue a certificate of death under this section.
(4)
A certified copy of an order issued pursuant to subsection (7) of this section shall be sufficient when presented to the coroner or other person acting in place of the coroner for the issuance of a certificate of death under this section.
(5)
An application for the finding of death under this section shall not be filed later than five years following the initial proclamation of the disaster.
(6)
This section shall apply only under the circumstances specified in subsection (1) of this section. In all other cases and if the coroner finds the evidence insufficient to support the issuance of a death certification, the provisions of section
15-10-107
with respect to determination of death and status apply.
(7)
If the coroner denies or fails to act within thirty days on an application that complies with subsection (2) of this section, the applicant may file a petition, in the district court for the county in which any part of the disaster occurred or in the Denver probate court if any part of the disaster occurred in the city and county of Denver, for an expedited determination of death in accordance with this section. If the court determines the alleged decedent died, a certified copy of the court's order shall constitute sufficient evidence for the coroner under subsection (4) of this section.
Amended by 2013 Ch. 316, § 36, eff. 8/7/2013.
L. 77: Entire section added, p. 838, § 1, effective July 1. L. 83: (1) amended, p. 964, § 1, effective 7/1/1984. L. 92: (1) amended, p. 1042, § 6, effective March 12. L. 2004: Entire section amended, p. 624, § 1, effective August 4. L. 2013: (1) and (2)(b)(IX) amended, (HB 13-1300), ch. 316, p. 1675, § 36, effective August 7.