Title 15, Probate, Trusts, and Fiduciaries
0 chapters · 926 sections in this title.
Colo. Rev. Stat. § 15-20-101 Short title
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This article 20 shall be known and may be cited as the Uniform Community Property Disposition at Death Act, which is also referred to as this act or act within this article 20. Source: L. 2023: Entire article R&RE, (SB 23-100), ch. 30, p. 101, � 1, effective July 1. Editor's note…
Colo. Rev. Stat. § 15-20-102 Definitions
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In this article 20: (1) Community property spouse means an individual in a marriage or other relationship under which community property could be acquired during the existence of the relationship and that remains in existence at the time of death of either party to the relationsh…
Colo. Rev. Stat. § 15-20-103 Included and excluded property
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(1) Subject to subsection (3)(b) of this section, this act applies to the following property of a community property spouse, without regard to how the property is titled or held: (a) If a decedent was domiciled in this state at the time of death: (I) All or a proportionate part o…
Colo. Rev. Stat. § 15-20-104 Form of partition, reclassification, or waiver
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(1) Community property spouses domiciled in this state may partition or reclassify property to which this act would otherwise apply. The partition or reclassification must be in a record signed by community property spouses. (2) A community property spouse domiciled in this state…
Colo. Rev. Stat. § 15-20-105 Community property presumption
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All property acquired by a community property spouse when domiciled in a jurisdiction where community property then could be acquired by the community property spouse by operation of law is presumed to be community property. This presumption may be rebutted by a preponderance of …
Colo. Rev. Stat. § 15-20-106 Disposition of property at death
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(1) One-half of the property to which this act applies belongs to the surviving community property spouse of a decedent and is not subject to disposition by the decedent at death or distribution under the laws of succession of this state as a result of the decedent's death. (2) O…
Colo. Rev. Stat. § 15-20-107 Other remedies available at death
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(1) Upon the death of a community property spouse, the surviving community property spouse or a personal representative, heir, or nonprobate transferee of the decedent may assert a right based on an act of: (a) The surviving community spouse or decedent during the marriage or oth…
Colo. Rev. Stat. § 15-20-108 Right of surviving community property spouse
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(1) The surviving community property spouse of the decedent may assert a claim for relief with respect to a right under this act in accordance with the following: (a) In an action asserting a right in or to property, the surviving community property spouse must: (I) Commence an a…
Colo. Rev. Stat. § 15-20-109 Right of heir, devisee, or nonprobate transferee
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(1) An heir, devisee, or nonprobate transferee of a deceased community property spouse may assert a claim for relief with respect to a right under this act pursuant to the following rules: (a) In an action asserting a right in or to property, the heir, devisee, or nonprobate tran…
Colo. Rev. Stat. § 15-20-110 Protection of third person
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(1) With respect to property to which this act applies, a person is not liable under this act to the extent the person: (a) Transacts in good faith and for value: (I) With a community property spouse; (II) After the death of the decedent, with a surviving community property spous…
Colo. Rev. Stat. § 15-20-111 Principles of law and equity
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The principles of law and equity supplement this act except to the extent inconsistent with this act. Source: L. 2023: Entire article R&RE, (SB 23-100), ch. 30, p. 106, � 1, effective July 1.
Colo. Rev. Stat. § 15-20-112 Uniformity of application and construction
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In applying and construing this act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it. Source: L. 2023: Entire article R&RE, (SB 23-100), ch. 30, p. 106, � 1, effective July 1.
Colo. Rev. Stat. § 15-20-113 Saving provision
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If a right with respect to property to which this act applies is acquired, extinguished, or barred on the expiration of a limitation period that began to run under another statute before July 1, 2023, that statute continues to apply to the right even if the statute has been repea…
Colo. Rev. Stat. § 15-20-114 Transitional provision
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Except as provided in section 15-20-113, this act applies to a judicial proceeding with respect to property to which this act applies commenced on or after July 1, 2023, regardless of the date of death of the decedent. Source: L. 2023: Entire article R&RE, (SB 23-100), ch. 30, p.…
Colo. Rev. Stat. § 15-20-115 Severability
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If a provision of this act or its application to a person or circumstance is held invalid, the validity does not affect another provision or application that can be given effect without the invalid provision. Source: L. 2023: Entire article R&RE, (SB 23-100), ch. 30, p. 106, � 1,…
Colo. Rev. Stat. § 15-20-116 Effective date
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This act takes effect July 1, 2023. Source: L. 2023: Entire article R&RE, (SB 23-100), ch. 30, p. 106, � 1, effective July 1. DESIGNATED BENEFICIARY AGREEMENTS