Title 15, Probate, Trusts, and Fiduciaries

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. 15-11-1102. Statutory rule against perpetuities - applicability - repeal. (Repealed) Source: L. 91: Entire part …

C.R.S. 15-11-1102Statutes 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 Service…

(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…

Source: L. 91: Entire part added, p. 1446, � 9, effective May 31. L. 2006: (2) and (3) added, p. 380, � 9, effective July 1. Editor's note: Subsection (3) provided for the repeal of this section, effective July 1, 2008. (See L. 2006, p. 380.)

(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 of …

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. Editor's note: This section is similar to former � 15-11-113 as it existed prior to 1995. 15-11-113. Individual related to decedent through more than one line of…

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 prede…

(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) Functioned …

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 reproduct…

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 if t…

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 sectio…

(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. 15-11-1209. Disclaimer of power of appointment …

(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) G…

(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…

(1) If a fiduciary disclaims a power held in a fiduciary capacity that has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. (2) If a fiduciary disclaims a power held in a fiduciary capacity that has been exercis…

(1) As used in this section, beneficiary designation means an instrument, other than an instrument creating a trust, naming the beneficiary of: (a) An annuity or insurance policy; (b) An account with a designation for payment on death; (c) A security registered in beneficiary for…

(1) A disclaimer is barred by a written waiver of the right to disclaim. (2) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective: (a) The disclaimant accepts the interest sought to be disclaimed; (b) The d…

Notwithstanding any other provision of this part 12, if, as a result of a disclaimer or transfer, the disclaimed or transferred interest is treated pursuant to the provisions of title 26 of the United States internal revenue code, as now or hereafter amended, or any successor sta…

If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed or registered, the disclaimer may be filed or registered. Failure to file or register the disclaimer does not affect its validity as between the…

Except as otherwise provided for in section 15-11-1213, an interest in or power over property existing on August 10, 2011, for which the time for delivering or filing a disclaimer under law superseded by this part 12 has not expired may be disclaimed after August 10, 2011. Source…

In applying and construing this part 12, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. Source: L. 2011: Entire part added, (SB 11-166), ch. 203, p. 868, � 1, effective August 10.

If any provision of this part 12 or its application to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this part 12 that can be given effect without the invalid provision or application. Source: L. 2011: Entire par…

This subpart 2 does not affect the doctrine of equitable adoption. Source: L. 2009: Entire section added, (HB 09-1287), ch. 310, p. 1682, � 8, effective July 1, 2010.

This part 13 may be cited as the Colorado Uniform Electronic Wills Act. Source: L. 2021: Entire part added with relocations, (SB 21-266), ch. 423, p. 2796, � 11, effective July 2.

In this part 13: (1) Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (2) Electronic presence means the relationship of two or more individuals in different locations communicating in real t…

An electronic will is a will for all purposes of the law of this state. The law of this state applicable to wills and principles of equity apply to an electronic will, except as modified by this part 13. Source: L. 2021: Entire part added with relocations, (SB 21-266), ch. 423, p…

(1) A will executed electronically but not in compliance with section 15-11-1305 (1) is an electronic will under this part 13 if executed in compliance with the law of the jurisdiction where the testator is: (a) Physically located when the will is signed; or (b) Domiciled or resi…

(1) Subject to section 15-11-1308 (4), and except as provided in section 15-11-1306, an electronic will must be: (a) A record that is readable as text at the time of signing under subsection (1)(b) of this section; (b) Signed by: (I) The testator; or (II) Another individual in th…

Section 15-11-503 applies to a will executed electronically. Source: L. 2021: Entire part added with relocations, (SB 21-266), ch. 423, p. 2798, � 11, effective July 2.

(1) An electronic will may revoke all or part of a previous will. (2) All or part of an electronic will is revoked by: (a) A subsequent will that revokes all or part of the electronic will expressly or by inconsistency; or (b) A physical act, if it is established by clear and con…

(1) An electronic will may be simultaneously executed, attested, and made self-proving by acknowledgment of the testator and affidavits of the witnesses. (2) The acknowledgment and affidavits under subsection (1) of this section must be: (a) Made in the physical presence of an of…

An individual may create a certified paper copy of an electronic will by affirming under penalty of perjury that a paper copy of the electronic will is a complete, true, and accurate copy of the electronic will. If the electronic will is made self-proving, the certified paper cop…