Title 15, Probate, Trusts, and Fiduciaries

(1) All the signatures shall be placed at the end of the will. If the will consists of several sheets, each sheet must be signed by the testator or, if he is unable to sign, by the person signing on his behalf or, if there is no such person, by the authorized person. In addition,…

(1) The authorized person shall attach to the will a certificate to be signed by him establishing that the requirements of this part 10 for valid execution of an international will have been fulfilled. The authorized person shall keep a copy of the certificate and deliver another…

In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will under this part 10. The absence or irregularity of a certificate does not affect the formal validity of a will under this part 10.…

An international will is subject to the rules of revocation of wills set forth in part 5 of this article. Source: L. 89: Entire part added, p. 814, § 1, effective April 17.

Sections 15-11-1001 to 15-11-1008 derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying this part 10, regard shall be had to its international origin and to the need for uniformity in its in…

(1) Any part of a decedent's estate not effectively disposed of by will or otherwise passes by intestate succession to the decedent's heirs as prescribed in this code, except as modified by the decedent's will. (2) A decedent by will may expressly exclude or limit the right of an…

Individuals who have been admitted to practice law before the courts of this state and are currently licensed so to do are authorized persons in relation to international wills. Source: L. 89: Entire part added, p. 814, § 1, effective April 17.

(1) (a) The authorized person may file, at the time the international will is made, a completed copy of the certificate required by this part 10 with the clerk of the court having probate jurisdiction in the county in which the testator is domiciled. (b) If the testator is not do…

The various possible circumstances describing the decedent, his or her surviving spouse, and their surviving descendants, if any, are set forth in this section to be utilized in determining the intestate share of the decedent's surviving spouse. If more than one circumstance is a…

(1) If the decedent is survived by a person with the right to inherit real or personal property from the decedent in a designated beneficiary agreement executed pursuant to article 22 of this title, the intestate share of the decedent's designated beneficiary is: (a) The entire e…

(1) Definitions. In this section: (a) "Deceased parent", "deceased grandparent", or "deceased spouse" means a parent, grandparent, or spouse who either predeceased the decedent or is deemed under this article 11 to have predeceased the decedent. (b) "Surviving spouse", "surviving…

(1) For purposes of intestate succession and exempt property, and except as otherwise provided in paragraph (b) of this subsection (1), the following rules apply: (a) An individual born before a decedent's death who fails to survive the decedent by one hundred twenty hours is dee…

If there is no taker under the provisions of this article, the intestate estate passes to the state of Colorado, subject to the provisions of section 15-12-914. Source: L. 94: Entire part R&RE, p. 978, § 3, effective July 1, 1995.

(1) Definitions. In this section: (a) "Deceased descendant", "deceased parent", "deceased grandparent", or "deceased spouse" means a descendant, parent, grandparent, or spouse who either predeceased the decedent or is deemed under this subpart 1 to have predeceased the decedent. …

An heir inherits without regard to how many common ancestors in the same generation the heir shares with the decedent. Source: L. 94: Entire part R&RE, p. 979, § 3, effective July 1, 1995. L. 2022: Entire section R&RE, (SB 22-092), ch. 60, p. 275, § 4, effective August 10.

(1) If an individual dies intestate as to all or a portion of the estate, property the decedent gave during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate share only if (i) the decedent d…

A debt owed to a decedent is not charged against the intestate share of any individual except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor's descendants. Source: L. 94: Entire part R&RE,…

This part 11 shall be known and may be cited as the "Colorado Statutory Rule Against Perpetuities Act". Source: L. 91: Entire part added, p. 1445, § 9, effective May 31.

(1) Year 2001 rule. (a) Paragraph (b) of this subsection (1) shall apply to interests in trust and powers of appointment with respect to all or any part of a trust, which interest or power is created after May 31, 2001. (b) (I) A nonvested property interest is invalid unless it e…

(1) Except as provided in subsections (2) and (3) of this section and in sections 15-11-1102.5 (3)(a) and 15-11-1106 (1), the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law. (2) For purposes of th…

(1) Year 2001 rule. Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the one thousand years allowed by section 15-11-1102.5 (1)(b)(I), (1)(b)(I…

(1) The statutory rule against perpetuities, as set forth in sections 15-11-1102 and 15-11-1102.5, does not apply to invalidate: (a) A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of a…

(1) Except as extended by subsection (2) of this section, this part 11 applies to a nonvested property interest or a power of appointment that is created on or after May 31, 1991. For purposes of this section and section 15-11-1107, a nonvested property interest or a power of app…

(1) Sections 15-11-1102.5 and 15-11-1104.5 shall apply retroactively with respect to an interest in a trust or a power of appointment over all or any part of a trust, which interest or power was created before July 1, 2006, unless a person who owns or holds such interest or power…

(1) This part 11 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part 11 among states enacting the "Uniform Statutory Rule Against Perpetuities Act". With respect to any matter relating to the validity o…

No individual is disqualified to take as an heir, devisee, grantee, lessee, mortgagee, assignee, or other transferee because the individual or an individual through whom he or she claims is or has been an alien. Source: L. 94: Entire part R&RE, p. 980, § 3, effective July 1, 1995…

The estates of dower and courtesy are abolished. Source: L. 94: Entire part R&RE, p. 980, § 3, effective July 1, 1995.

An individual who is related to the decedent through more than one line of relationship is entitled to only a single share based upon the relationship that would entitle the individual to the largest share. The individual and the individual's descendants are deemed to have predec…

(1) A parent is barred from inheriting from or through a child of the parent if: (a) The parent's parental rights were terminated and the parent-child relationship was not judicially reestablished; or (b) The child died before reaching eighteen years of age and there is clear and…

In this subpart 2: (1) "Adoptee" means an individual who is adopted. (2) "Assisted reproduction" means a method of causing pregnancy other than sexual intercourse. (3) "Divorce" includes an annulment, dissolution of marriage, and declaration of invalidity of a marriage. (4) "Func…

Except as otherwise provided in section 15-11-119, if a parent-child relationship exists or is established under this subpart 2, the parent is a parent of the child and the child is a child of the parent for the purpose of intestate succession. Source: L. 2009: Entire section add…

Except as otherwise provided in section 15-11-114, 15-11-119, 15-11-120, or 15-11-121, a parent-child relationship exists between a child and the child's genetic parents, regardless of the parents' marital status. Source: L. 2009: Entire section added, (HB 09-1287), ch. 310, p. 1…

(1) Parent-child relationship between adoptee and adoptive parent or parents. A parent-child relationship exists between an adoptee and the adoptee's adoptive parent or parents. (2) Individual in process of being adopted by married couple - stepchild in process of being adopted b…

(1) Parent-child relationship between adoptee and genetic parents. Except as otherwise provided in this section, a parent-child relationship does not exist between an adoptee and the adoptee's genetic parents. (2) Stepchild adopted by stepparent. A parent-child relationship exist…

(1) Definitions. In this section: (a) "Birth mother" means a woman, other than a gestational carrier under section 15-11-121, who gives birth to a child of assisted reproduction. The term is not limited to a woman who is the child's genetic mother. (b) "Child of assisted reproduc…

This part 12 shall be known and may be cited as the "Uniform Disclaimer of Property Interests Act". Source: L. 2011: Entire part added, (SB 11-166), ch. 203, p. 859, § 1, effective August 10.

As used in this part 12, unless the context otherwise requires: (1) "Disclaimant" means the person to whom a disclaimed interest or power would have passed if the disclaimer had not been made. (2) "Disclaimed interest" means the interest that would have passed to the disclaimant …

This part 12 applies to disclaimers of any interest in or power over property, whenever created. Source: L. 2011: Entire part added, (SB 11-166), ch. 203, p. 860, § 1, effective August 10.

(1) Unless displaced by a provision of this part 12, the principles of law and equity supplement this part 12. (2) This part 12 does not limit any right of a person to waive, release, disclaim, or renounce an interest in or power over property under a law other than this part 12.…

(1) A person may disclaim, in whole or in part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitat…

(1) As used in this section, unless the context otherwise requires: (a) "Future interest" means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation. (b) "Method of representation" includes any method of division described in se…

(1) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or in part, the incremental portion of the jointly held property devolving to the surviving holder by right of survivorship. (2) A disclaimer pursuant to subsection (1) of this sect…

If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property. Source: L. 2011: Entire part added, (SB 11-166), ch. 203, p. 864, § 1, effective August 10.

(1) If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the disclaimer applies only to that holder, and the following rules apply: (a) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument cr…

(1) In this section: (a) "Gestational agreement" means an enforceable or unenforceable agreement for assisted reproduction in which a woman agrees to carry a child to birth for an intended parent, intended parents, or an individual described in subsection (5) of this section. (b)…

(1) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable. (2) A disclaimer of an interest in property by an object or taker in default of an exercis…