Title 15, Probate, Trusts, and Fiduciaries
0 chapters · 926 sections in this title.
Colo. Rev. Stat. § 15-12-1403 Apportionment by will or other dispositive instrument
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(1) Except as otherwise provided in subsection (3) of this section, the following rules apply: (a) To the extent that a provision of a decedent's will expressly and unambiguously directs the apportionment of an estate tax, the tax shall be apportioned accordingly. (b) Any portion…
Colo. Rev. Stat. § 15-12-1404 Statutory apportionment of estate taxes
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(1) To the extent that apportionment of an estate tax is not controlled by an instrument described in section 15-12-1403, and except as otherwise provided for in sections 15-12-1406 and 15-12-1407, the following rules apply: (a) Subject to paragraphs (b) to (d) of this subsection…
Colo. Rev. Stat. § 15-12-1405 Credits and deferrals
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(1) Except as otherwise provided for in sections 15-12-1406 and 15-12-1407, the following rules apply to credits and deferrals of estate taxes: (a) A credit resulting from the payment of gift taxes or from estate taxes paid on property previously taxed inures ratably to the benef…
Colo. Rev. Stat. § 15-12-1406 Insulated property, advancement of tax - definitions
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(1) As used in this section, unless the context otherwise requires: (a) Advanced fraction means a fraction that has as its numerator the amount of the advanced tax and as its denominator the value of the interests in insulated property to which that tax is attributable. (b) Advan…
Colo. Rev. Stat. § 15-12-1407 Apportionment and recapture of special elective benefits
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(1) As used in this section, unless the context otherwise requires: (a) Special elective benefit means a reduction in an estate tax obtained by an election for: (I) A reduced valuation of specified property that is included in the gross estate; (II) A deduction from the gross est…
Colo. Rev. Stat. § 15-12-1408 Securing payment of estate tax from property in possession of fiduciary
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(1) A fiduciary may defer a distribution of property until the fiduciary is satisfied that adequate provision for payment of the estate tax has been made. (2) A fiduciary may withhold from a distributee an amount equal to the amount of estate tax apportioned to an interest of the…
Colo. Rev. Stat. § 15-12-1409 Collection of estate tax by fiduciary
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(1) A fiduciary responsible for payment of an estate tax may collect from any person the tax apportioned to and the tax required to be advanced by that person. (2) Except as otherwise provided for in section 15-12-1406, any estate tax due from a person that cannot be collected fr…
Colo. Rev. Stat. § 15-12-1410 Right of reimbursement
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(1) A person required pursuant to section 15-12-1409 to pay an estate tax greater than the amount due from the person pursuant to sections 15-12-1403 and 15-12-1404 has a right to reimbursement from another person to the extent that the other person has not paid the tax required …
Colo. Rev. Stat. § 15-12-1411 Action to determine or enforce part
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A fiduciary, transferee, or beneficiary of the gross estate may maintain an action for declaratory judgment to have a court determine and enforce this part 14. Source: L. 2011: Entire part added, (SB 11-165), ch. 184, p. 707, � 1, effective August 10.
Colo. Rev. Stat. § 15-12-1412 Uniformity of application and construction
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In applying and construing this part 14, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: L. 2011: Entire part added, (SB 11-165), ch. 184, p. 707, � 1, effective August 10.
Colo. Rev. Stat. § 15-12-1413 Severability
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If any provision of this part 14 or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part 14 that can be given effect without the invalid provision or application, and to this end the pr…
Colo. Rev. Stat. § 15-12-1414 Delayed application
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(1) Sections 15-12-1403 to 15-12-1407 shall not apply to the estate of a decedent who dies on or within three years after August 10, 2011, nor to the estate of a decedent who dies more than three years after August 10, 2011, if the decedent continuously lacked testamentary capaci…
Colo. Rev. Stat. § 15-12-201 Venue for first and subsequent estate proceedings - location of property
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(1) Venue for the first informal or formal testacy or appointment proceedings after a decedent ‘s death is: (a) In the county where the decedent had his domicile or his residence at the time of his death; or (b) If the decedent was not domiciled in nor a resident of this state, i…
Colo. Rev. Stat. § 15-12-202 (Reserved)
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15-12-203. Priority among persons seeking appointment as personal representative. (1) Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order: (a) The person with priority as determined by a probated wi…
Colo. Rev. Stat. § 15-12-203 Priority among persons seeking appointment as personal representative
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(1) Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order: (a) The person with priority as determined by a probated will including a person nominated by a power conferred in a will; (b) The surviving …
Colo. Rev. Stat. § 15-12-204 Demand for notice of order or filing concerning decedent ‘s estate
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Any person desiring notice of any order or filing pertaining to a decedent ‘s estate in which he has a financial or property interest may file a demand for notice with the court at any time after the death of the decedent stating the name of the decedent, the nature of his intere…
Colo. Rev. Stat. § 15-12-301 Informal probate or appointment proceedings - application - contents
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(1) Applications for informal probate or informal appointment shall be directed to the registrar and verified by the applicant to be accurate and complete to the best of his knowledge and belief as to the information required by this section. (2) Every application for informal pr…
Colo. Rev. Stat. § 15-12-302 Informal probate - duty of registrar - effect of informal probate
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Upon receipt of an application requesting informal probate of a will, the registrar, upon making the findings required by section 15-12-303, shall issue a written statement of informal probate. Informal probate is conclusive as to all persons until superseded by an order in a for…
Colo. Rev. Stat. § 15-12-303 Informal probate - proof and findings required
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(1) In an informal proceeding for original probate of a will, the registrar shall determine that: (a) The application is complete; (b) The applicant has made oath or affirmation that the statements contained in the application are true to the best of his knowledge and belief; (c)…
Colo. Rev. Stat. § 15-12-304 Informal probate - unavailable in certain cases
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(1) Applications for informal probate that relate to any of the following must be declined: (a) One or more of a known series of testamentary instruments, other than a will and one or more codicils thereto, the latest of which does not expressly revoke the earlier; or (b) A copy …
Colo. Rev. Stat. § 15-12-305 Informal probate - registrar not satisfied
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If the registrar is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of sections 15-12-303 and 15-12-304 or any other reason, he may decline the application. A declination of informal probate is not an adjudi…
Colo. Rev. Stat. § 15-12-306 Informal probate - notice and information requirements
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The moving party must give notice as described by section 15-10-401 of his application for informal probate to any person demanding it pursuant to section 15-12-204 and to any personal representative of the decedent whose appointment has not been terminated. If a personal represe…
Colo. Rev. Stat. § 15-12-307 Informal appointment proceedings - delay in order - duty of registrar - effect of appointment
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(1) Upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in section 15-12-614, the registrar, after making the findings required by section 15-12-308, shall appoint the applicant subject to qualificati…
Colo. Rev. Stat. § 15-12-308 Informal appointment proceedings - proof and findings required
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(1) In informal appointment proceedings, the registrar must determine that: (a) The application for informal appointment of a personal representative is complete; (b) The applicant has made oath or affirmation that the statements contained in the application are true to the best …
Colo. Rev. Stat. § 15-12-309 Informal appointment proceedings - registrar not satisfied
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If the registrar is not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of sections 15-12-307 and 15-12-308 or for any other reason, he may decline the application. A declination of informal a…
Colo. Rev. Stat. § 15-12-310 Informal appointment proceedings - notice requirements
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(1) The moving party must give notice as described by section 15-10-401 of his intention to seek an appointment informally: (a) To any person demanding it pursuant to section 15-12-204; and (b) To any person having a prior or equal right to appointment not waived in writing and f…
Colo. Rev. Stat. § 15-12-311 Informal appointment unavailable in certain cases
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If an application for informal appointment indicates the existence of a possible unrevoked will which may relate to property subject to the laws of this state and which is not filed for probate in this court, the registrar shall decline the application. Source: L. 73: R&RE, p. 15…
Colo. Rev. Stat. § 15-12-401 Formal testacy proceedings - nature - when commenced
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(1) A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person filing a petition as described in section 15-12-402 (1) in which he requests that the court, after notice and hear…
Colo. Rev. Stat. § 15-12-402 Formal testacy or appointment proceedings - petition - contents
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(1) Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a personal representative, must be directed to the court, request a judicial order after notice and hearing, and contain further statements as indicated in this…
Colo. Rev. Stat. § 15-12-403 Formal testacy proceedings - notice of hearing on petition
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(1) (a) Upon commencement of a formal testacy proceeding, the court shall fix a time and place of hearing. Notice shall be given in the manner prescribed by section 15-10-401 by the petitioner to the persons herein enumerated and to any additional person who has filed a demand fo…
Colo. Rev. Stat. § 15-12-404 Formal testacy proceedings - written objections to probate
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Any party to a formal proceeding who opposes the probate of a will for any reason shall state in his pleadings his objections to probate of the will. Source: L. 73: R&RE, p. 1575, � 1. C.R.S. 1963: � 153-3-404. 15-12-405. Formal testacy proceedings - uncontested cases - hearings …
Colo. Rev. Stat. § 15-12-405 Formal testacy proceedings - uncontested cases - hearings and proof
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If a petition in a testacy proceeding is unopposed, the court may order probate or intestacy on the strength of the pleadings if satisfied that the conditions of section 15-12-409 have been met, or conduct a hearing in open court and require proof of the matters necessary to supp…
Colo. Rev. Stat. § 15-12-406 Formal testacy proceedings - contested cases
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(1) In a contested case in which the proper execution of a will is at issue, the following rules apply: (a) If the will is self-proved pursuant to section 15-11-504, the will satisfies the requirements for execution without the testimony of any attesting witness, upon filing the …
Colo. Rev. Stat. § 15-12-407 Formal testacy proceedings - burdens in contested cases
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In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue, and heirship. Proponents of a will have the burden of establishing prima facie proof of due execution in all cases, and, if they are also petitioners…
Colo. Rev. Stat. § 15-12-408 Formal testacy proceedings - will construction - effect of final order in another jurisdiction
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A final order of a court of another state determining testacy or the validity or construction of a will made in a proceeding involving notice to and an opportunity for contest by all interested persons must be accepted as determinative by the courts of this state if it includes, …
Colo. Rev. Stat. § 15-12-409 Formal testacy proceedings - order - foreign will
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After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court finds that the testator is dead, venue is proper, and that the proceeding was commenced within the limitation prescribed by section 15-12-108, it sh…
Colo. Rev. Stat. § 15-12-410 Formal testacy proceedings - probate of more than one instrument
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If two or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than one instrument may be probated if neither expressly revokes the other or contains provisions which work a total revocation by implication. If more than one…
Colo. Rev. Stat. § 15-12-411 Formal testacy proceedings - partial intestacy
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If it becomes evident in the course of a formal testacy proceeding that, though one or more instruments are entitled to be probated, the decedent's estate is or may be partially intestate, the court shall enter an order to that effect. Source: L. 73: R&RE, p. 1577, � 1. C.R.S. 19…
Colo. Rev. Stat. § 15-12-412 Formal testacy proceedings - effect of order - vacation
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(1) Subject to appeal and subject to vacation as provided in this section and in section 15-12-413, a formal testacy order under sections 15-12-409 to 15-12-411, including an order that the decedent left no valid will and determining heirs, is final as to all persons with respect…
Colo. Rev. Stat. § 15-12-413 Formal testacy proceedings - vacation of order for other cause
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For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal. Source: L. 73: R&RE, p. 1578, � 1. C.R.S. 1963: � 153-3-413. 15-12-414. Formal proceedings concerning appointment of personal representative. (1) A formal …
Colo. Rev. Stat. § 15-12-414 Formal proceedings concerning appointment of personal representative
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(1) A formal proceeding for adjudication regarding the priority or qualification of one who is an applicant for appointment as personal representative, or of one who previously has been appointed personal representative in informal proceedings, if an issue concerning the testacy …
Colo. Rev. Stat. § 15-12-501 Supervised administration - nature of proceedings
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Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the court which extends until entry of an order approving distribution of the estate and discharging the personal repr…
Colo. Rev. Stat. § 15-12-502 Supervised administration - petition - order
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(1) A petition for supervised administration may be filed by any interested person or by a personal representative at any time, or the prayer for supervised administration may be joined with a petition in a testacy or appointment proceeding. If the testacy of the decedent and the…
Colo. Rev. Stat. § 15-12-503 Supervised administration - effect on other proceedings
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(1) The pendency of a proceeding for supervised administration of a decedent's estate stays action on any informal application then pending or thereafter filed. (2) If a will has been previously probated in informal proceedings, the effect of the filing of a petition for supervis…
Colo. Rev. Stat. § 15-12-504 Supervised administration - powers of personal representative
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Unless restricted by the court, a supervised personal representative has, without interim orders approving exercise of a power, all powers of personal representatives under this code, but he shall not exercise his power to transfer, surrender, or release estate assets to a distri…
Colo. Rev. Stat. § 15-12-505 Supervised administration - interim orders - distribution and closing orders
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Unless otherwise ordered by the court, supervised administration is terminated by order in accordance with time restrictions, notices, and contents of orders prescribed for proceedings under section 15-12-1001. Interim orders approving or directing partial distributions or granti…
Colo. Rev. Stat. § 15-12-601 Qualification
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Prior to receiving letters, a personal representative shall qualify by filing with the appointing court any required bond and a statement of acceptance of the duties of the office. Source: L. 73: R&RE, p. 1580, � 1. C.R.S. 1963: � 153-3-601.
Colo. Rev. Stat. § 15-12-602 Acceptance of appointment - consent to jurisdiction
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By accepting appointment, a personal representative submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be provided to the personal representative pursuant to …
Colo. Rev. Stat. § 15-12-603 Bond not required without court order - exceptions
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(1) No bond is required of a personal representative appointed in informal proceedings, except: (a) Upon the appointment of a special administrator; (b) When an executor or other personal representative is appointed to administer an estate under a will containing an express requi…
Colo. Rev. Stat. § 15-12-604 Bond amount - security - procedure - reduction
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If bond is required and the provisions of the will or order do not specify the amount, unless stated in his application or petition, the person qualifying shall file a statement under oath with the registrar indicating his best estimate of the value of the personal estate of the …