Title 15, Probate, Trusts, and Fiduciaries
0 chapters · 926 sections in this title.
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 i…
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 powe…
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. § 15-10-309 (Reserved)
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C.R.S. 15-10-309Statutes current through Chapter 65 of the 2026 Regular Session, effective as of April 20, 2026. The text of this section is not final. It will not be final until compared to, and updated from, the text provided by the Colorado Office of Legislative Legal Services…
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.
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, …
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 exis…
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…
Colo. Rev. Stat. § 15-11-1001 Short title
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This part 10 shall be known and may be cited as the Uniform International Wills Act. Source: L. 89: Entire part added, p. 811, � 1, effective April 17.
Colo. Rev. Stat. § 15-11-1002 Definitions
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As used in this part 10, unless the context otherwise requires: (1) Authorized person and person authorized to act in connection with international wills means a person who, by section 15-11-1010 or the laws of the United States, including members of the diplomatic and consular s…
Colo. Rev. Stat. § 15-11-1003 International wills - validity
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(1) A will is valid as regards form irrespective particularly of the place where it is made, of the location of the assets, and of the nationality, domicile, or residence of the testator, if it is made in the form of an international will complying with the requirements of this p…
Colo. Rev. Stat. § 15-11-1004 International wills - requirements
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(1) An international will shall be made in writing. It need not be written by the testator himself. It may be written in any language by hand or by any other means. (2) A testator shall declare in the presence of two witnesses and of a person authorized to act in connection with …
Colo. Rev. Stat. § 15-11-1005 International wills - other points of form
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(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,…
Colo. Rev. Stat. § 15-11-1006 Certificate that requirements for an international will have been met
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(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…
Colo. Rev. Stat. § 15-11-1007 Effect of certificate
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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.…
Colo. Rev. Stat. § 15-11-1008 Revocation
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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.
Colo. Rev. Stat. § 15-11-1009 Source and construction of this part
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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…
Colo. Rev. Stat. § 15-11-101 Intestate estate
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(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…
Colo. Rev. Stat. § 15-11-1010 Persons authorized to act in relation to international will - eligibility - recognition by authorizing agency
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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.
Colo. Rev. Stat. § 15-11-1011 Filing of international will - certificate and deposit of will
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(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…
Colo. Rev. Stat. § 15-11-102 Share of spouse
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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…
Colo. Rev. Stat. § 15-11-102.5 Share of designated beneficiary
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(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…
Colo. Rev. Stat. § 15-11-103 Share of heirs other than surviving spouse and designated beneficiary - definitions
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(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 …
Colo. Rev. Stat. § 15-11-104 Requirement of survival by one hundred twenty hours - individual gestation
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(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 de…
Colo. Rev. Stat. § 15-11-105 No taker
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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. Editor's note: This section is similar to former …
Colo. Rev. Stat. § 15-11-106 Per capita at each generation
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(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. (b) Surv…
Colo. Rev. Stat. § 15-11-107 Inheritance without regard to number of common ancestors in same generation
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An heir inherits without regard to how many common ancestors in the same generation the heir shares with the decedent.
Colo. Rev. Stat. § 15-11-108 After-born heirs - repeal. (Repealed)
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Source: L. 94: Entire part R&RE, p. 979, � 3, effective July 1, 1995. L. 2009: (2) added by revision, (HB 09-1287), ch. 310, pp. 1674, 1688, �� 6, 17. Editor's note: (1) This section was similar to former � 15-11-108 as it existed prior to 1995. (2) Subsection (2) provided for th…
Colo. Rev. Stat. § 15-11-109 Advancements
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(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…