Title 15, Probate, Trusts, and Fiduciaries
0 chapters · 926 sections in this title.
Colo. Rev. Stat. § 15-19-301 Board for distribution of unclaimed human bodies - rules
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(1) The deans and the heads of the departments of anatomy and surgery of the accredited medical and dental schools of this state are constituted a board for the distribution and delivery of unclaimed dead human bodies, described in this part 3, to and among such institutions that…
Colo. Rev. Stat. § 15-19-302 Duty of public officers as to unclaimed bodies
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(1) All public officers, agents, and servants, and all officers, agents, and servants of every county, city, township, borough, district, and other municipality, and every almshouse, prison, morgue, hospital, or other municipal or other public institution, and all other persons h…
Colo. Rev. Stat. § 15-19-303 Claiming of body - publication of notice
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After an unclaimed body has been received by the anatomical board or its duly authorized agent, and has been preserved and stored, the body may be claimed within twenty days after death by relatives, friends, or fraternal or charitable organizations for burial or cremation at the…
Colo. Rev. Stat. § 15-19-304 Disposition of all or any portion of body after death - nonliability
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(1) A person has a right during his or her lifetime to provide for the disposition of all or any portion of his or her body upon his or her death. (2) No cause of action for damages shall accrue to any person arising out of the removal of all or any portion of the body of any dec…
Colo. Rev. Stat. § 15-19-305 Unlawful to hold autopsy
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It is unlawful for any person to hold an autopsy on any dead human body mentioned in this part 3, except on the request of the district attorney of the district where the body is located, without the written, telegraphic, or telephonic consent of the secretary of the anatomical b…
Colo. Rev. Stat. § 15-19-306 Holding of body for twenty days
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The anatomical board, or its duly authorized agent, shall take and receive any unclaimed bodies so delivered, and, after holding the bodies for a period of twenty days to determine if the bodies are claimed, shall distribute and deliver the unclaimed bodies on requisition to and …
Colo. Rev. Stat. § 15-19-307 Disposition of remains
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After the institutions to which the unclaimed bodies have been distributed by the anatomical board have completed the scientific study of the unclaimed bodies, the remains thereof shall in every case be disposed of by burial or cremation. Source: L. 2017: Entire part added with r…
Colo. Rev. Stat. § 15-19-308 Expense to be borne by institutions
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Neither the county, municipality, nor any officer, agent, or servant thereof shall incur any expense by reason of the delivery or distribution of any unclaimed body, but all the expenses thereof and of the anatomical board shall be borne by those institutions receiving the unclai…
Colo. Rev. Stat. § 15-19-309 Penalty
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Any person having duties enjoined upon him or her by the provisions of this part 3 who neglects, refuses, or omits to perform the same as required in this part 3 commits a civil infraction. Source: L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 557, � 1, ef…
Colo. Rev. Stat. § 15-20-101 Short title
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This article 20 shall be known and may be cited as the Uniform Community Property Disposition at Death Act, which is also referred to as this act or act within this article 20. Source: L. 2023: Entire article R&RE, (SB 23-100), ch. 30, p. 101, � 1, effective July 1. Editor's note…
Colo. Rev. Stat. § 15-20-102 Definitions
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In this article 20: (1) Community property spouse means an individual in a marriage or other relationship under which community property could be acquired during the existence of the relationship and that remains in existence at the time of death of either party to the relationsh…
Colo. Rev. Stat. § 15-20-103 Included and excluded property
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(1) Subject to subsection (3)(b) of this section, this act applies to the following property of a community property spouse, without regard to how the property is titled or held: (a) If a decedent was domiciled in this state at the time of death: (I) All or a proportionate part o…
Colo. Rev. Stat. § 15-20-104 Form of partition, reclassification, or waiver
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(1) Community property spouses domiciled in this state may partition or reclassify property to which this act would otherwise apply. The partition or reclassification must be in a record signed by community property spouses. (2) A community property spouse domiciled in this state…
Colo. Rev. Stat. § 15-20-105 Community property presumption
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All property acquired by a community property spouse when domiciled in a jurisdiction where community property then could be acquired by the community property spouse by operation of law is presumed to be community property. This presumption may be rebutted by a preponderance of …
Colo. Rev. Stat. § 15-20-106 Disposition of property at death
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(1) One-half of the property to which this act applies belongs to the surviving community property spouse of a decedent and is not subject to disposition by the decedent at death or distribution under the laws of succession of this state as a result of the decedent's death. (2) O…
Colo. Rev. Stat. § 15-20-107 Other remedies available at death
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(1) Upon the death of a community property spouse, the surviving community property spouse or a personal representative, heir, or nonprobate transferee of the decedent may assert a right based on an act of: (a) The surviving community spouse or decedent during the marriage or oth…
Colo. Rev. Stat. § 15-20-108 Right of surviving community property spouse
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(1) The surviving community property spouse of the decedent may assert a claim for relief with respect to a right under this act in accordance with the following: (a) In an action asserting a right in or to property, the surviving community property spouse must: (I) Commence an a…
Colo. Rev. Stat. § 15-20-109 Right of heir, devisee, or nonprobate transferee
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(1) An heir, devisee, or nonprobate transferee of a deceased community property spouse may assert a claim for relief with respect to a right under this act pursuant to the following rules: (a) In an action asserting a right in or to property, the heir, devisee, or nonprobate tran…
Colo. Rev. Stat. § 15-20-110 Protection of third person
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(1) With respect to property to which this act applies, a person is not liable under this act to the extent the person: (a) Transacts in good faith and for value: (I) With a community property spouse; (II) After the death of the decedent, with a surviving community property spous…
Colo. Rev. Stat. § 15-20-111 Principles of law and equity
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The principles of law and equity supplement this act except to the extent inconsistent with this act. Source: L. 2023: Entire article R&RE, (SB 23-100), ch. 30, p. 106, � 1, effective July 1.
Colo. Rev. Stat. § 15-20-112 Uniformity of application and construction
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In applying and construing this act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it. Source: L. 2023: Entire article R&RE, (SB 23-100), ch. 30, p. 106, � 1, effective July 1.
Colo. Rev. Stat. § 15-20-113 Saving provision
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If a right with respect to property to which this act applies is acquired, extinguished, or barred on the expiration of a limitation period that began to run under another statute before July 1, 2023, that statute continues to apply to the right even if the statute has been repea…
Colo. Rev. Stat. § 15-20-114 Transitional provision
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Except as provided in section 15-20-113, this act applies to a judicial proceeding with respect to property to which this act applies commenced on or after July 1, 2023, regardless of the date of death of the decedent. Source: L. 2023: Entire article R&RE, (SB 23-100), ch. 30, p.…
Colo. Rev. Stat. § 15-20-115 Severability
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If a provision of this act or its application to a person or circumstance is held invalid, the validity does not affect another provision or application that can be given effect without the invalid provision. Source: L. 2023: Entire article R&RE, (SB 23-100), ch. 30, p. 106, � 1,…
Colo. Rev. Stat. § 15-20-116 Effective date
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This act takes effect July 1, 2023. Source: L. 2023: Entire article R&RE, (SB 23-100), ch. 30, p. 106, � 1, effective July 1. DESIGNATED BENEFICIARY AGREEMENTS
Colo. Rev. Stat. § 15-22-101 Short title
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This article shall be known and may be cited as the Colorado Designated Beneficiary Agreement Act. Source: L. 2009: Entire article added, (HB 09-1260), ch. 107, p. 428, � 1, effective July 1.
Colo. Rev. Stat. § 15-22-102 Legislative declaration
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(1) The general assembly finds and determines that: (a) Not all Coloradans are adequately protected by the provisions of the Colorado Probate Code, articles 10 to 17 of this title, and other provisions of Colorado law. Current state and federal laws present impediments and disinc…
Colo. Rev. Stat. § 15-22-103 Definitions
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As used in this article, unless the context otherwise requires: (1) Designated beneficiary means a person who has entered into a designated beneficiary agreement pursuant to this article. (2) Designated beneficiary agreement means an agreement that is entered into pursuant to thi…
Colo. Rev. Stat. § 15-22-104 Requirements for a valid designated beneficiary agreement
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(1) A designated beneficiary agreement shall be legally recognized if: (a) The parties to the designated beneficiary agreement satisfy all of the following criteria: (I) Both are at least eighteen years of age; (II) Both are competent to enter into a contract; (III) Neither party…
Colo. Rev. Stat. § 15-22-105 Effects and applicability of a designated beneficiary agreement
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(1) A person named as a designated beneficiary in a designated beneficiary agreement shall be entitled to exercise the rights and protections specified in the agreement by virtue of having been so named. (2) A designated beneficiary agreement that is properly executed and recorde…
Colo. Rev. Stat. § 15-22-106 Statutory form of a designated beneficiary agreement
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(1) The following statutory form shall be the standard form for a designated beneficiary agreement: DESIGNATED BENEFICIARY AGREEMENT ______________________________________________________________ DISCLAIMER Warning: While this document may indicate your wishes, certain additional…
Colo. Rev. Stat. § 15-22-107 Recording - duties of the county clerk and recorder - fee
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(1) A signed and acknowledged designated beneficiary agreement shall be recorded with the county clerk and recorder in the county in which one of the parties resides. The designated beneficiary agreement shall be effective as of the date and time as received for recording by the …
Colo. Rev. Stat. § 15-22-108 Designated beneficiary agreement - effect on other legal documents
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Execution of a designated beneficiary agreement shall not constitute evidence of an intent to revoke a prior will or codicil nor shall it affect any beneficiary designation, transfer, or bequest contained in any other legal documents.
Colo. Rev. Stat. § 15-22-109 Affirmation of validity of designated beneficiary agreement
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A person exercising rights or protections pursuant to a designated beneficiary agreement shall affirm the validity of a designated beneficiary agreement and disclose any knowledge of any superseding legal documents. Source: L. 2009: Entire article added, (HB 09-1260), ch. 107, p.…
Colo. Rev. Stat. § 15-22-110 Reliance - immunity
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A third party who acts in good faith reliance on the affirmation of the existence of a valid designated beneficiary agreement shall not be subject to civil liability or administrative discipline for such reliance. Source: L. 2009: Entire article added, (HB 09-1260), ch. 107, p. 4…
Colo. Rev. Stat. § 15-22-111 Revocation of a designated beneficiary agreement
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(1) A designated beneficiary agreement that has been recorded with a county clerk and recorder may be unilaterally revoked by either party to the agreement by recording a revocation with the clerk and recorder of the county in which the agreement was recorded. A revocation shall …
Colo. Rev. Stat. § 15-22-112 Death of a designated beneficiary - effect on designated beneficiary agreement
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(1) A designated beneficiary agreement is terminated upon the death of either of the parties to the designated beneficiary agreement; however, a right or power which a designated beneficiary agreement conferred upon a designated beneficiary survives the death of the other designa…
Colo. Rev. Stat. § 15-23-101 Short title
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The short title of this article 23 is the Colorado Electronic Preservation of Abandoned Estate Planning Documents Act. Source: L. 2019: Entire article added, (HB 19-1229), ch. 252, p. 2432, � 1, effective January 1, 2023 (see editor's note following the heading for this article 2…
Colo. Rev. Stat. § 15-23-102 Legislative declaration
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(1) The general assembly finds and declares that: (a) Abandoned original estate planning documents are in the custody of professionals who are unable to locate the creators of the documents; (b) Creating a central repository for these documents would be in the best interests of t…
Colo. Rev. Stat. § 15-23-103 Definitions
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As used in this article 23, unless the context otherwise requires: (1) Agent means an attorney-in-fact granted authority under a durable or nondurable power of attorney. (2) Certified by the state court administrator means a record certified by the state court administrator as be…
Colo. Rev. Stat. § 15-23-104 Applicability
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(1) Subject to subsection (2) of this section, this article 23 applies to an original estate planning document created before, on, or after January 1, 2023. (2) This article 23 does not apply to an original estate planning document of a creator whose location is known to the cust…
Colo. Rev. Stat. § 15-23-105 Transfer of possession to creator
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(1) Before filing an electronic estate planning document with the state court administrator as provided in this article 23, the custodian shall attempt to transfer possession of the original estate planning document to the creator after a diligent search. (2) (a) If the attempt t…
Colo. Rev. Stat. § 15-23-106 Preservation of an abandoned original estate planning document after diligent search
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If the creator of an original estate planning document cannot be located or does not take possession of the original document as provided in section 15-23-105 and if the custodian is neither able nor required to transfer possession of the original document to someone other than t…
Colo. Rev. Stat. § 15-23-107 Privilege
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Subject to applicable law other than this article 23, if an original estate planning document is privileged pursuant to section 13-90-107 (1)(b), the corresponding electronic estate planning document filed with the state court administrator as provided in this article 23 remains …
Colo. Rev. Stat. § 15-23-108 Exculpation of custodian
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A custodian is not liable to a person for an action taken under this article 23 or for a failure to act as provided in this article 23 unless the action or failure to act is shown to have resulted from the custodian's bad faith, gross negligence, or intentional misconduct. Source…
Colo. Rev. Stat. § 15-23-109 Electronic conversion and filing
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(1) If the creator does not take possession of the original estate planning document within ninety days after the date of mailing the letter required in section 15-23-105 (2), the custodian may create an electronic estate planning document, which must be in color and in a format …
Colo. Rev. Stat. § 15-23-110 Penalty of perjury
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The act of submitting a filing statement to the state court administrator pursuant to section 15-23-111 or submitting a request to the state court administrator pursuant to section 15-23-119, 15-23-120, or 15-23-122 constitutes the affirmation or acknowledgment of the submitter, …
Colo. Rev. Stat. § 15-23-111 Filing statement
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(1) A custodian shall submit a filing statement for each electronic estate planning document for each creator submitted to the state court administrator pursuant to this article 23. (2) A custodian shall provide the following information and make the following declarations on a f…
Colo. Rev. Stat. § 15-23-112 Reliance on filing statement
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The state court administrator may rely on information provided and declarations made in a filing statement and has no duty to make further inquiry. Source: L. 2019: Entire article added, (HB 19-1229), ch. 252, p. 2440, � 1, effective January 1, 2023 (see editor's note following t…
Colo. Rev. Stat. § 15-23-113 Fees - disposition - appropriation - cash fund
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(1) The state court administrator shall determine and collect fees to cover the associated costs for submitting the following: (a) A filing statement, including the attached electronic estate planning document; (b) A request for retrieval; and (c) A request for deletion. (2) The …