(1) Unless an estate is insolvent, or would thereby be rendered insolvent, the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barred by any statute of limitations at the time of the decedent's death shall be allowed or paid.
(2) The running of any statute of limitations measured from some event other than death or the giving of notice to creditors for claims against a decedent is suspended during the four months following the decedent's death but resumes thereafter as to claims not barred pursuant to the provisions of this part 8.
(3) For purposes of any statute of limitations other than those time periods specified in sections 15-12-801, 15-12-803, 15-12-804, and 15-12-806, the proper presentation of a claim under section 15-12-804 is equivalent to commencement of a proceeding on the claim.
Source: L. 73: R&RE, p. 1592, § 1. C.R.S. 1963: § 153-3-802. L. 75: Entire section amended, p. 598, § 33, effective July 1. L. 90: Entire section amended, p. 905, § 2, effective July 1.
ANNOTATION
Law reviews. For article, "Practical Administrative Problems in Average-Sized Estates", see 27 Dicta 285 (1950).
Annotator's note. Since § 15-12-802 is similar to repealed laws antecedent to CSA, C. 176, § 200, relevant cases construing those provisions have been included in the annotations to this section.
Where a claim was filed and later withdrawn, it was held that the claim was barred by the statute of limitations as not having been filed within four months after the cause of action accrued. The filing and withdrawal of the claim did not constitute the commencement of an action to prevent the statute of limitations from running. Morse v. Clark, 10 Colo. 216, 14 P. 327 (1887).
The filing and docketing of a claim stops running of statute. Gordon-Tiger Mining & Reduction Co. v. Loomer, 50 Colo. 409, 115 P. 717 (1911).
Claim may consist of new judgment based on an original judgment. Scholtz v. Hazard, 68 Colo. 343, 191 P. 123 (1920).
"Creditor" refers to any person with a legally cognizable claim for money from an estate. Estate of Walter v. Corr. Healthcare Cos., 232 F. Supp. 3d 1157 (D. Colo. 2017).