Title 15, Probate, Trusts, and Fiduciaries
0 chapters · 926 sections in this title.
Colo. Rev. Stat. § 15-11-702 Requirement of survival by one hundred twenty hours
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(1) Requirement of survival by one hundred twenty hours under probate code. For the purposes of this code, except as provided in subsection (4) of this section, an individual who is not established by clear and convincing evidence to have survived an event, including the death of…
Colo. Rev. Stat. § 15-11-703 Choice of law as to meaning and effect of governing instrument
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The meaning and legal effect of a governing instrument is determined by the local law of the state selected by the transferor in the governing instrument, unless the application of that law is contrary to the provisions relating to the elective-share described in part 2 of this a…
Colo. Rev. Stat. § 15-11-704 Power of appointment; meaning of specific reference requirement - repeal. (Repealed)
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C.R.S. 15-11-704Statutes 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. § 15-11-705 Class gifts construed to accord with intestate succession
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(1) Definitions. In this section: (a) Adoptee has the meaning set forth in section 15-11-115. (b) Child of assisted reproduction has the meaning set forth in section 15-11-120. (c) Distribution date means the date when an immediate or postponed class gift takes effect in possessi…
Colo. Rev. Stat. § 15-11-706 Nonprobate transfers - deceased beneficiary
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(1) Definitions. This section shall not apply to wills; beneficiary deeds; insurance or annuity policies; pension, profit sharing, retirement, or similar benefit plans; or a transfer of a vehicle title as described in section 42-6-110.5. As used in this section, unless the contex…
Colo. Rev. Stat. § 15-11-707 Survivorship with respect to future interests under terms of trust; substitute takers
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(1) Definitions. As used in this section, unless the context otherwise requires: (a) “Alternative future interest” means an expressly created future interest that can take effect in possession or enjoyment instead of another future interest on the happening of one or more events,…
Colo. Rev. Stat. § 15-11-708 Class gifts to “descendants”, “issue”, or “heirs of the body”; form of distribution if none specified
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If a class gift in favor of “descendants”, “issue”, or “heirs of the body” does not specify the manner in which the property is to be distributed among the class members, the property is distributed among the class members who are living when the interest is to take effect in pos…
Colo. Rev. Stat. § 15-11-709 By representation; per capita at each generation; per stirpes
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(1) Definitions. As used in this section, unless the context otherwise requires: (a) Deceased child or deceased descendant means a child or a descendant who either predeceased the distribution date or is deemed to have predeceased the distribution date under section 15-11-702. (b…
Colo. Rev. Stat. § 15-11-710 Worthier-title doctrine abolished
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The doctrine of worthier-title is abolished as a rule of law and as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor's heirs, heirs at law, next of kin, distributees, relatives, or family, or language of si…
Colo. Rev. Stat. § 15-11-711 Interests in heirs and like
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If an applicable statute or a governing instrument calls for a present or future distribution to, or creates a present or future interest in, a designated individual's heirs, heirs at law, next of kin, relatives, or family, or language of similar import, the property passes to th…
Colo. Rev. Stat. § 15-11-712 Simultaneous death; disposition of property
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The rules of construction in this section shall control in those situations not subject to the control of section 15-11-702. (1) Where the title to property or the devolution thereof depends upon priority of death and there is no clear and convincing evidence that the persons hav…
Colo. Rev. Stat. § 15-11-713 Construction of wills and trusts containing formula marital clauses
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(1) If a decedent dies leaving a will that was executed or a trust that was created before September 12, 1981, which will or trust contains a formula expressly providing that the decedent’s spouse or a qualifying trust is to receive the maximum amount of property qualifying for t…
Colo. Rev. Stat. § 15-11-801 Disclaimer of property interests. (Repealed)
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Source: L. 94: Entire part R&RE, p. 1024, � 3, effective July 1, 1995. L. 95: (4) amended, p. 360, � 13, effective July 1. L. 2011: Entire section repealed, (SB 11-166), ch. 203, p. 868, � 2, effective August 10.
Colo. Rev. Stat. § 15-11-802 Effect of divorce, annulment, and decree of separation
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(1) An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, the individual is married to the decedent at the time of death. A decree of separation that does not termi…
Colo. Rev. Stat. § 15-11-803 Effect of homicide on intestate succession, wills, trusts, joint assets, life insurance, and beneficiary designations
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(1) Definitions. As used in this section, unless the context otherwise requires:(a) “Disposition or appointment of property” includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing instrument. (b) “Felonious killing”, except as p…
Colo. Rev. Stat. § 15-11-804 Revocation of probate and nonprobate transfers by divorce - no revocation by other changes of circumstances
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(1) Definitions. As used in this section, unless the context otherwise requires:(a) “Disposition or appointment of property” includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing instrument. (b) “Divorce or annulment” means any…
Colo. Rev. Stat. § 15-11-805 Ownership of personal property between spouses
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(1) For purposes of this article, tangible personal property in the joint possession or control of the decedent and his or her surviving spouse at the time of the decedent's death is presumed to be owned by the decedent and the decedent's spouse in joint tenancy with right of sur…
Colo. Rev. Stat. § 15-11-806 Reformation to correct mistakes
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The court may reform the terms of a governing instrument other than a trust that is governed by section 15-5-415, even if unambiguous, to conform the terms to the transferor's intention if it is proved by clear and convincing evidence what the transferor's intent was and that the…
Colo. Rev. Stat. § 15-11-807 Modification to achieve transferor's tax objectives
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To achieve the transferor's tax objectives, the court may modify the terms of a governing instrument other than a trust that is governed by section 15-5-416 in a manner that is not contrary to the transferor's probable intention. The court may provide that the modification has re…
Colo. Rev. Stat. § 15-11-901 Honorary trusts; trusts for pets
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(1) Honorary trust. Subject to subsection (3) of this section, and except as provided under sections 38-30-110, 38-30-111, and 38-30-112, C.R.S., if (i) a trust is for a specific, lawful, noncharitable purpose or for lawful, noncharitable purposes to be selected by the trustee an…
Colo. Rev. Stat. § 15-12-1004 Liability of distributees to claimants
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After assets of an estate have been distributed and subject to section 15-12-1006, an undischarged claim not barred may be prosecuted in a proceeding against one or more distributees. No distributee shall be liable to claimants for amounts received as exempt property or family al…
Colo. Rev. Stat. § 15-12-1005 Limitations on proceedings against personal representative
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Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to asser…
Colo. Rev. Stat. § 15-12-1006 Limitations on actions and proceedings against distributees
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(1) Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of any claimant to recover from a distributee who is liable to pay the claim, and the right of any heir or devisee…
Colo. Rev. Stat. § 15-12-1007 Certificate discharging liens securing fiduciary performance
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After his appointment has terminated, the personal representative, his sureties, or any successor of either, upon the filing of a verified application showing, so far as is known by the applicant, that no action concerning the estate is pending in any court, is entitled to receiv…
Colo. Rev. Stat. § 15-12-1008 Subsequent administration
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If, after an estate has been settled and the personal representative discharged or after one year after a closing statement has been filed, it is determined that the estate has not been fully administered or fully distributed by reason of subsequently discovered property or for a…
Colo. Rev. Stat. § 15-12-1009 Estates not closed after three years or more
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(1) When records of the court indicate no action has been taken in an estate for a period of three years or more, the court may, on its own motion, and after notice to the attorney of record, if available, or if there is no attorney of record, then to the personal representative,…
Colo. Rev. Stat. § 15-12-101 Devolution of estate at death; restrictions
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The power of a person to leave property by will and the rights of creditors, devisees, and heirs to his property are subject to the restrictions and limitations contained in this code to facilitate the prompt settlement of estates. Upon the death of a person, his real and persona…
Colo. Rev. Stat. § 15-12-102 Necessity of order of probate for will
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Except as provided in sections 15-12-901, 15-12-1201, 15-13-204, and 15-13-205 and in part 13 of this article, to be effective to prove the transfer of any property or to nominate a personal representative, a will must be declared to be valid by an order of informal probate by th…
Colo. Rev. Stat. § 15-12-103 Necessity of appointment for administration
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Except as otherwise provided in article 13 of this title, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person must be appointed by order of the court or registrar, qualify, and be issued letters. Administration of an…
Colo. Rev. Stat. § 15-12-104 Claims against decedent
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No claim may be presented and no proceeding to enforce a claim against the estate of a decedent or his or her successors may be revived or commenced before the appointment of a personal representative, except as permitted by section 15-12-804. After the appointment and until dist…
Colo. Rev. Stat. § 15-12-105 Proceedings affecting devolution and administration - jurisdiction of subject matter
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Persons interested in decedents ‘ estates may apply to the registrar for determination in the informal proceedings provided in this article and may petition the court for orders in formal proceedings within the court ‘s jurisdiction. The court has jurisdiction as provided in sect…
Colo. Rev. Stat. § 15-12-106 Proceedings within the exclusive jurisdiction of court - service - jurisdiction over persons
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In proceedings where notice is required by this code or by rule, interested persons may be bound by the orders of the court in respect to property in or subject to the laws of this state by notice in conformity with section 15-10-401. An order is binding as to all who are given n…
Colo. Rev. Stat. § 15-12-107 Scope of proceedings - proceedings independent - exception
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(1) Unless supervised administration as described in part 5 of this article is involved: (a) Each proceeding before the court or registrar is independent of any other proceeding involving the same estate; (b) Petitions for formal orders of the court may combine various requests f…
Colo. Rev. Stat. § 15-12-108 Probate, testacy, and appointment proceedings - ultimate time limit
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(1) No informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator ‘s domicile and appointment proceedings relating to an estate in which there has been a prior appointment, …
Colo. Rev. Stat. § 15-12-109 Statutes of limitations on decedent's cause of action
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No statute of limitations running on a cause of action belonging to a decedent which had not been barred as of the date of his death shall apply to bar a cause of action surviving the decedent's death sooner than one year after death. A cause of action which, but for this section…
Colo. Rev. Stat. § 15-12-1102 Procedure for securing court approval of compromise
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(1) The procedure for securing court approval of a compromise is as follows: (a) The terms of the compromise shall be set forth in an agreement in writing which shall be executed by all competent persons and parents acting for any minor child having beneficial interests or having…
Colo. Rev. Stat. § 15-12-1201 Collection of personal property by affidavit
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(1) At any time ten or more days after the date of death of a decedent, any person indebted to the decedent or having possession of any personal property, including but not limited to funds on deposit at, or any contents of a safe deposit box at, any financial institution; tangib…
Colo. Rev. Stat. § 15-12-1202 Effect of affidavit
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(1) The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if he or she dealt with a personal representative of the decedent. He or she is not required to see to the …
Colo. Rev. Stat. § 15-12-1203 Small estates - summary administrative procedure
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If it appears from the inventory and appraisal that the value of the entire estate, less liens and encumbrances, does not exceed the value of personal property held by or in the possession of the decedent as fiduciary or trustee, exempt property allowance, family allowance, costs…
Colo. Rev. Stat. § 15-12-1205 Time of taking effect - provisions for transition
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The provisions of sections 15-12-1201 and 15-12-1202 became effective on July 1, 1974, regardless of the date of the death of the decedent. Source: L. 75: Entire section added, p. 601, � 43, effective July 1. Editor's note: This section does not apply to the amendments made to � …
Colo. Rev. Stat. § 15-12-1301 Definitions
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As used in this part 13, unless the context otherwise requires: (1) Interested person means an owner by descent or succession, an alleged heir or devisee of a decedent, any other person claiming an ownership interest derived from an owner by descent or succession, or an alleged h…
Colo. Rev. Stat. § 15-12-1303 Hearing - notice - service
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(1) The petitioner shall prepare a notice that identifies the petition and includes the name of each decedent; the name of each interested person; a description of the property set forth in the petition, including a legal description if the property is real property; and the time…
Colo. Rev. Stat. § 15-12-1304 Appearance - hearing
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Any interested person or person who may be affected by the ownership of the decedent's interest in the property, the descent or succession of which is to be determined in the petition, may appear and object and establish any proper defense to the petition or any part thereof, or …
Colo. Rev. Stat. § 15-12-1305 Judgment
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The court shall determine the standing of the petitioner to bring the action; the heirs and devisees of the decedent; the owners by descent or succession of the property; a description of the property, including a legal description if the property is real property; and any other …
Colo. Rev. Stat. § 15-12-1306 Decree - conclusive and when - reopening
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A decree entered pursuant to this part 13 is conclusive as to the rights of heirs or devisees in the property described in the order from the date of its entry. If such a decree affects title to real property, a certified copy of the decree must be recorded and indexed in the off…
Colo. Rev. Stat. § 15-12-1307 Title of proceedings
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All such proceedings shall be titled substantially in the following form: IN THE MATTER OF THE DETERMINATION OF HEIRS OR DEVISEES OR BOTH, AND OF INTERESTS IN PROPERTY, OF (Names of decedents) , Deceased.. Source: L. 93: Entire part R&RE, p. 1244, � 1, effective July 1.
Colo. Rev. Stat. § 15-12-1308 Proceedings under the rules of civil procedure
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Nothing herein shall be construed to prevent determination of the descent or the succession of property pursuant to the Colorado Rules of Civil Procedure or any other provision of this code. Source: L. 93: Entire part R&RE, p. 1244, � 1, effective July 1. L. 2019: Entire section …
Colo. Rev. Stat. § 15-12-1309 Effective date - applicability
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This part 13 shall take effect July 1, 1993, and shall apply to all proceedings commenced on or after said date. Source: L. 93: Entire part R&RE, p. 1244, � 1, effective July 1.
Colo. Rev. Stat. § 15-12-1401 Short title
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This part 14 shall be known and may be cited as the Colorado Uniform Estate Tax Apportionment Act. Source: L. 2011: Entire part added, (SB 11-165), ch. 184, p. 699, � 1, effective August 10.
Colo. Rev. Stat. § 15-12-1402 Definitions
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As used in this part 14, unless the context otherwise requires: (1) Apportionable estate means the value of the gross estate as finally determined for purposes of the estate tax to be apportioned, reduced by: (a) Any claim or expense allowable as a deduction for purposes of the e…