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Colorado Statutes, Title 15

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Title 15, Probate, Trusts, and Fiduciaries

0 chapters · 1,078 sections in this title.

All chapters in Title 151,078 Ch 14157 Ch 12155 Ch 11135 Ch 5103 Ch 186 Ch 1.249 Ch 1648 Ch 1547 Ch 1944 Ch 1037 Ch 2.533 Ch 14.523 Ch 1.522 Ch 2322

37 sections·Filtered byTitle 15✕Ch 10✕

Colo. Rev. Stat. § 15-10-101 Short title
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Articles 10 to 17 of this title shall be known and may be cited as the "Colorado Probate Code" and is referred to in said articles as "this code" or "code". Source: L. 73: R&RE, p. 1538, § 1. C.R.S. 1963: § 153-1-101. ANNOTATION Law reviews. For article, "New Probate Code for Col…
Colo. Rev. Stat. § 15-10-102 Purposes - rule of construction
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(1) This code shall be liberally construed and applied to promote its underlying purposes and policies. (2) The underlying purposes and policies of this code are: (a) To simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors, …
Colo. Rev. Stat. § 15-10-103 Supplementary general principles of law applicable
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Unless displaced by the particular provisions of this code, the principles of law and equity supplement its provisions. Source: L. 73: R&RE, p. 1539, § 1. C.R.S. 1963: § 153-1-103.
Colo. Rev. Stat. § 15-10-104 Severability
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If any provision of this code or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provis…

Colo. Rev. Stat. § 15-10-105 Construction against implied repeal

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This code is a general act intended as a unified coverage of its subject matter, and no part of it shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided. Source: L. 73: R&RE, p. 1539, § 1. C.R.S. 1963: § 153-1-105.

Colo. Rev. Stat. § 15-10-106 Effect of fraud and evasion

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Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this code or if fraud is used to avoid or circumvent the provisions or purposes of this code, any person injured thereby may obtain appropriate relief against the perpetrator of …

Colo. Rev. Stat. § 15-10-106.5 Petition to determine cause and date of death resulting from disaster - body unidentifiable or missing

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(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 attorn…

Colo. Rev. Stat. § 15-10-107 Evidence of death or status

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(1) In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a court determination of death and status apply: (a) Death occurs when an individual is determined dead under section 12-240-140. (b) An authenticated copy of a death certi…

Colo. Rev. Stat. § 15-10-108 Acts by holder of general power

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For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond, to register a trust, or to perform other duties, and for purposes of consenting to mod…

Colo. Rev. Stat. § 15-10-109 Remarriage of absentee's spouse

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(1) At any time after a finding of death of an absentee in a formal testacy proceeding under this code, the spouse of an absentee may remarry, and: (a) Such subsequent marriage shall not constitute the offense of bigamy or any other criminal offense under the laws of this state, …

Colo. Rev. Stat. § 15-10-110 Insurance and other contracts - surrender value - effect of contract provisions - suit on claim of death

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(1) A finding of death in a formal testacy proceeding under this code shall be fully effective as to rights under insurance, annuity, and endowment contracts dependent upon the life of an absentee, and the receipts of beneficiaries for payments made under any such contracts shall…

Colo. Rev. Stat. § 15-10-111 Entry into safe deposit box of decedent - definitions

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(1) (a) Whenever a decedent at the time of his or her death was a sole or joint lessee of a safe deposit box, the custodian shall, prior to notice that a personal representative or special administrator has been appointed, allow access to the box by: (I) If the decedent was the s…

Colo. Rev. Stat. § 15-10-112 Cost of living adjustment of certain dollar amounts

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(1) As used in this section, unless the context otherwise requires: (a) "CPI" means the consumer price index (annual average) for all urban consumers (CPI-U): United States city average -- all items, reported by the bureau of labor statistics, United States department of labor or…

Colo. Rev. Stat. § 15-10-201 General definitions

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Subject to additional definitions contained in this article 10 and the subsequent articles that are applicable to specific articles, parts, or sections, and unless the context otherwise requires, in this code: (1) "Agent" means an attorney in fact under a durable or nondurable po…

Colo. Rev. Stat. § 15-10-301 Territorial application

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(1) Except as otherwise provided in this code, this code applies to: (a) The affairs and estates of decedents, missing persons, and persons to be protected, domiciled in this state; (b) The property of nonresidents located in this state or property coming into the control of a fi…

Colo. Rev. Stat. § 15-10-302 Subject matter jurisdiction

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(1) The court has jurisdiction over all subject matter vested by article VI of the state constitution and by articles 1 to 10 of title 13, C.R.S. (2) The court has full power to make orders, judgments, and decrees and take all other action necessary and proper to administer justi…

Colo. Rev. Stat. § 15-10-303 Venue - multiple proceedings - transfer

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(1) Where a proceeding under this code could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed. (2) If proceedings concerning the same estate, protected person, ward, or trust are commenced …

Colo. Rev. Stat. § 15-10-304 Practice in court

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Unless specifically provided to the contrary in this code or unless inconsistent with its provisions, the Colorado rules of civil procedure including the rules concerning vacation of orders and appellate review govern formal proceedings under this code. Source: L. 73: R&RE, p. 15…

Colo. Rev. Stat. § 15-10-305 Records and certified copies

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(1) The clerk of each court shall keep for each decedent, ward, protected person, or trust under the court's jurisdiction a record of any document which may be filed with the court under this code, including petitions and applications, demands for notices or bonds, trust registra…

Colo. Rev. Stat. § 15-10-306 Jury trial

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(1) If duly demanded, a party is entitled to trial by jury in a formal testacy proceeding and any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury. (2) If there is no right to trial by jury under subsec…

Colo. Rev. Stat. § 15-10-307 Registrar - powers

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The acts and orders which this code specifies as performable by the registrar may be performed either by a judge of the court or by a person, including the clerk, designated by the court by a written order filed and recorded in the office of the clerk of the court. Source: L. 73:…

Colo. Rev. Stat. § 15-10-308 Appeals

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Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments, and power of the appellate court, is governed by the Colorado appellate rules. Source:…

Colo. Rev. Stat. § 15-10-310 Oath or affirmation on filed document

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(1) Except as otherwise specifically provided in this code or by rule, every document filed with the court under this code, including applications, petitions, and demands for notice, shall be deemed to include an oath, affirmation, or statement to the effect that its representati…

Colo. Rev. Stat. § 15-10-401 Notice - method and time of giving

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(1) If notice of a hearing on any petition is required, and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing on any petition to be given to any interested person or to the interested person's attorne…

Colo. Rev. Stat. § 15-10-402 Notice - waiver

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A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by a writing signed by him or his attorney and filed in the proceeding. Source: L. 73: R&RE, p. 1547, § 1. C.R.S. 1963: § 153-1-402. ANNOTATION Law reviews. For article, "Will Contests — So…

Colo. Rev. Stat. § 15-10-403 Pleadings - when parties bound by others - notice

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(1) In formal proceedings involving trusts or estates of decedents, minors, protected persons, or incapacitated persons, and in judicially supervised settlements, the provisions of this section are applicable. (2) Interests to be affected shall be described in pleadings which giv…

Colo. Rev. Stat. § 15-10-501 Court powers - definitions - application

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(1) Court powers. A court, incident to a court proceeding, possesses and may employ all of the powers and authority expressed in the provisions of this part 5 to maintain the degree of supervision necessary to ensure the timely and proper administration of estates by fiduciaries …

Colo. Rev. Stat. § 15-10-502 Initial investigation

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(1) If, during the administration of an estate, a court desires to be informed about the current status of the administration, then the court, on its own motion or the request of an interested person, and without the need to state any reason for its actions, may: (a) Send a lette…

Colo. Rev. Stat. § 15-10-503 Power of a court to address the conduct of a fiduciary - emergencies - nonemergencies

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(1) Emergency situations - court action without the requirement of prior notice or hearing. If it appears to a court that an emergency exists because a fiduciary's actions or omissions pose an imminent risk of substantial harm to a ward's or protected person's health, safety, or …

Colo. Rev. Stat. § 15-10-504 Surcharge - contempt - sanctions against fiduciaries

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(1) Notice. Except as provided in subsection (3) of this section, notice to a fiduciary concerning any matters governed by the provisions of this section shall be provided pursuant to section 15-10-505. (2) Surcharge. (a) If a court, after a hearing, determines that a breach of f…

Colo. Rev. Stat. § 15-10-505 Notice to fiduciary - current address on file

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(1) In all actions undertaken pursuant to this part 5, the following provisions shall govern notice to fiduciaries: (a) In emergency situations. If it appears to a court that an emergency exists because there is an imminent risk of substantial harm to a ward's or protected person…

Colo. Rev. Stat. § 15-10-601 Definitions

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As used in this part 6, unless the context otherwise requires: (1) "Estate" means the property of the decedent, trust, or other person whose affairs are subject to this code or any code included as part of this title 15 as the estate is originally constituted and as the estate ex…

Colo. Rev. Stat. § 15-10-602 Recovery of reasonable compensation and costs

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(1) A fiduciary and his or her lawyer are entitled to reasonable compensation for services rendered on behalf of an estate. (2) A lawyer hired by a respondent, ward, or protected person is entitled to reasonable compensation and costs incurred for the legal representation the law…

Colo. Rev. Stat. § 15-10-603 Factors in determining the reasonableness of compensation and costs

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(1) A court may review and determine: (a) The reasonableness of the compensation of any fiduciary, lawyer, or other person who: (I) Is employed on behalf of an estate, fiduciary, respondent, ward, or protected person; (II) Is appointed by the court; or (III) Provides beneficial s…

Colo. Rev. Stat. § 15-10-604 Fee disputes - process and procedure

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(1) A dispute over the reasonableness of a request for compensation or costs authorized by this part 6 shall be resolved in accordance with the factors set forth in section 15-10-603 (3) and the process and procedure set forth in this section. (2) For purposes of this section, a …

Colo. Rev. Stat. § 15-10-605 Compensation and costs - assessment - limitations

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(1) If the court determines that any proceedings pursuant to this code or any pleadings filed in such proceedings were brought, defended, or filed in bad faith, the court may assess the fees and the costs, including reasonable attorney fees, incurred by the fiduciary and other af…

Colo. Rev. Stat. § 15-10-606 Applicability

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(1) This part 6 applies to: (a) An estate existing before, on, or after August 10, 2011; and (b) Proceedings to determine the reasonableness of compensation and costs commenced on or after August 10, 2011. (2) This part 6 does not apply to proceedings to determine the reasonablen…