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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

1,078 sections·Filtered byTitle 15✕

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. Source: L. 89: Entire part added, p. 814, § 1, effective April 17.
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 dee…

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.

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. …

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. 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.

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…

Colo. Rev. Stat. § 15-11-110 Debts to decedent

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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,…

Colo. Rev. Stat. § 15-11-1101 Short title

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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.

Colo. Rev. Stat. § 15-11-1102.5 Statutory rule against perpetuities

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(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…

Colo. Rev. Stat. § 15-11-1103 When nonvested property interest or power of appointment created

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(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…

Colo. Rev. Stat. § 15-11-1104.5 Reformation

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(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…

Colo. Rev. Stat. § 15-11-1105 Exclusions from statutory rule against perpetuities

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(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…

Colo. Rev. Stat. § 15-11-1106 Prospective application

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(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…

Colo. Rev. Stat. § 15-11-1106.5 Retroactive application of certain provisions - notice of election

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(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…

Colo. Rev. Stat. § 15-11-1107 Uniformity of application and construction

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(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…

Colo. Rev. Stat. § 15-11-111 Alienage

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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…

Colo. Rev. Stat. § 15-11-112 Dower and courtesy abolished

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

Colo. Rev. Stat. § 15-11-113 Individual related to decedent through more than one line of relationship

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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…

Colo. Rev. Stat. § 15-11-114 Parent barred from inheriting in certain circumstances

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(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…

Colo. Rev. Stat. § 15-11-115 Definitions

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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…

Colo. Rev. Stat. § 15-11-116 Effect of parent-child relationship

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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…

Colo. Rev. Stat. § 15-11-117 No distinction based on marital status

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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…

Colo. Rev. Stat. § 15-11-118 Adoptee and adoptee's adoptive parent or parents

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(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…

Colo. Rev. Stat. § 15-11-119 Adoptee and adoptee's genetic parents

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(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…

Colo. Rev. Stat. § 15-11-120 Child conceived by assisted reproduction other than child born to gestational carrier

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(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…

Colo. Rev. Stat. § 15-11-1201 Short title

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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.

Colo. Rev. Stat. § 15-11-1202 Definitions

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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 …

Colo. Rev. Stat. § 15-11-1203 Scope

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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.

Colo. Rev. Stat. § 15-11-1204 Part supplemented by other law

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(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.…

Colo. Rev. Stat. § 15-11-1205 Power to disclaim - general requirements - when irrevocable

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(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…

Colo. Rev. Stat. § 15-11-1206 Disclaimer of interest in property

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(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…

Colo. Rev. Stat. § 15-11-1207 Disclaimer of rights of survivorship in jointly held property

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(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…

Colo. Rev. Stat. § 15-11-1208 Disclaimer of interest by trustee

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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.

Colo. Rev. Stat. § 15-11-1209 Disclaimer of power of appointment or other power not held in fiduciary capacity

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(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…

Colo. Rev. Stat. § 15-11-121 Child born to gestational carrier

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(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)…

Colo. Rev. Stat. § 15-11-1210 Disclaimer by appointee, object, or taker in default of exercise of power of appointment

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(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…

Colo. Rev. Stat. § 15-11-1211 Disclaimer of power held in fiduciary capacity

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(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…

Colo. Rev. Stat. § 15-11-1212 Delivery or filing

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(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 f…

Colo. Rev. Stat. § 15-11-1213 When disclaimer barred or limited

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(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…

Colo. Rev. Stat. § 15-11-1214 Tax-qualified disclaimer

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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…

Colo. Rev. Stat. § 15-11-1215 Filing or registering of disclaimer

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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…

Colo. Rev. Stat. § 15-11-1216 Application to existing relationships

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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…

Colo. Rev. Stat. § 15-11-1217 Uniformity of application and construction

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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.

Colo. Rev. Stat. § 15-11-1218 Severability

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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…

Colo. Rev. Stat. § 15-11-122 Equitable adoption

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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. COMMENT On the doctrine of equitable adoption, see Restatement (Third) of Property: Wills and Other Donative Tran…