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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. § 15-12-1301 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…
Colo. Rev. Stat. § 15-12-1302 Petition to determine heirship - devisees - interests in property
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(1) When any person dies leaving an interest in real property in this state, or dies domiciled in this state leaving an interest in personal property wherever located, and there is no probate proceeding presently pending for such person in any jurisdiction, any interested person …
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

Showing 451–500 of 1,078

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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 J…

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…

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) "Ad…

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 e…

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, in…

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 interes…

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.

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. ANNOTATION Analogous to motion to set aside default judgment. Where there has been no trial of…