Colorado § 15-10-606 - Applicability.

§ 15-10-606. Applicability.

(1) This part 6 applies to:

(a) An estate existing before, on, or after August 10, 2011; and

(b) Proceedings to determine the reasonableness of compensation and costs commenced on or after August 10, 2011.

(2) This part 6 does not apply to proceedings to determine the reasonableness of compensation and costs commenced before August 10, 2011, unless the court determines that the application of this part 6 would not prejudice the rights of any party to the proceeding and the court directs otherwise.

Source: L. 2011: Entire part added, (SB 11-083), ch. 101, p. 302, § 1, effective August 10.

ARTICLE 11

Intestate Succession and Wills

PART 1

INTESTATE SUCCESSION

SUBPART 1

GENERAL RULES

15-11-101. Intestate estate.

15-11-102. Share of spouse.

15-11-102.5. Share of designated beneficiary.

15-11-103. Share of heirs other than surviving spouse and designated beneficiary - definitions.

15-11-104. Requirement of survival by one hundred twenty hours - individual gestation.

15-11-105. No taker.

15-11-106. Per capita at each generation.

15-11-107. Inheritance without regard to number of common ancestors in same generation.

15-11-108. After-born heirs - repeal. (Repealed)

15-11-109. Advancements.

15-11-110. Debts to decedent.

15-11-111. Alienage.

15-11-112. Dower and courtesy abolished.

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

15-11-114. Parent barred from inheriting in certain circumstances.

SUBPART 2

PARENT-CHILD RELATIONSHIP

15-11-115. Definitions.

15-11-116. Effect of parent-child relationship.

15-11-117. No distinction based on marital status.

15-11-118. Adoptee and adoptee's adoptive parent or parents.

15-11-119. Adoptee and adoptee's genetic parents.

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

15-11-121. Child born to gestational carrier.

15-11-122. Equitable adoption.

PART 2

ELECTIVE-SHARE OF SURVIVING SPOUSE

15-11-201. Definitions.

15-11-202. Elective-share.

15-11-203. Composition of the marital-property portion of the augmented estate.

15-11-204. Decedent's net probate estate.

15-11-205. Decedent's nonprobate transfers to others.

15-11-206. Decedent's nonprobate transfers to the surviving spouse.

15-11-207. Surviving spouse's property and nonprobate transfers to others.

15-11-208. Exclusions, valuations, and overlapping application.

15-11-209. Sources from which elective-share payable.

15-11-210. Personal liability of recipients.

15-11-211. Proceeding for elective-share - time limit.

15-11-212. Right of election personal to surviving spouse - incapacitated surviving spouse.

15-11-213. Waiver of right to elect and of other rights.

15-11-214. Protection of payers and other third parties.

PART 3

SPOUSE AND CHILDREN UNPROVIDED FOR IN WILLS

15-11-301. Entitlement of spouse; premarital will.

15-11-302. Omitted children.

PART 4

EXEMPT PROPERTY AND ALLOWANCES

15-11-401. Applicable law.

15-11-402. Homestead.

15-11-403. Exempt property.

15-11-404. Family allowance.

15-11-405. Source, determination, and documentation.

PART 5

WILLS AND WILL CONTRACTS AND CUSTODY AND DEPOSIT OF WILLS

15-11-501. Who may make a will.

15-11-502. Execution - witnessed or notarized wills - holographic wills.

15-11-503. Writings intended as wills.

15-11-504. Self-proved will.

15-11-505. Who may witness.

15-11-506. Choice of law as to execution.

15-11-507. Revocation by writing or by act.

15-11-508. Revocation by change of circumstances.

15-11-509. Revival of revoked will.

15-11-510. Incorporation by reference.

15-11-511. Testamentary additions to trusts.

15-11-512. Events of independent significance.

15-11-513. Separate writing or memorandum identifying devise of certain types of tangible personal property.

15-11-514. Contracts concerning succession.

15-11-515. Deposit of will with court in testator's lifetime.

15-11-516. Duty of custodian of will; lodging of will after death; transfer of lodged will; liability.

15-11-517. Penalty clause for contest.

PART 6

RULES OF CONSTRUCTION APPLICABLE ONLY TO WILLS

15-11-601. Scope.

15-11-602. Will may pass all property and after-acquired property.

15-11-603. Antilapse; deceased devisee; class gifts.

15-11-604. Failure of testamentary provision.

15-11-605. Increase in securities; accessions.

15-11-606. Nonademption of specified devises - unpaid proceeds of sale, condemnation, or insurance - sale by conservator or agent.

15-11-607. Nonexoneration.

15-11-608. Exercise of power of appointment - repeal. (Repealed)

15-11-609. Ademption by satisfaction.

PART 7

RULES OF CONSTRUCTION APPLICABLE TO WILLS AND OTHER GOVERNING INSTRUMENTS

15-11-701. Scope.

15-11-702. Requirement of survival by one hundred twenty hours.

15-11-703. Choice of law as to meaning and effect of governing instrument.

15-11-704. Power of appointment; meaning of specific reference requirement - repeal. (Repealed)

15-11-705. Class gifts construed to accord with intestate succession.

15-11-706. Nonprobate transfers - deceased beneficiary.

15-11-707. Survivorship with respect to future interests under terms of trust; substitute takers.

15-11-708. Class gifts to "descendants", "issue", or "heirs of the body"; form of distribution if none specified.

15-11-709. By representation; per capita at each generation; per stirpes.

15-11-710. Worthier-title doctrine abolished.

15-11-711. Interests in "heirs" and like.

15-11-712. Simultaneous death; disposition of property.

15-11-713. Construction of wills and trusts containing formula marital clauses.

PART 8

GENERAL PROVISIONS CONCERNING PROBATE AND NONPROBATE TRANSFERS

15-11-801. Disclaimer of property interests. (Repealed)

15-11-802. Effect of divorce, annulment, and decree of separation.

15-11-803. Effect of homicide on intestate succession, wills, trusts, joint assets, life insurance, and beneficiary designations.

15-11-804. Revocation of probate and nonprobate transfers by divorce - no revocation by other changes of circumstances.

15-11-805. Ownership of personal property between spouses.

15-11-806. Reformation to correct mistakes.

15-11-807. Modification to achieve transferor's tax objectives.

PART 9

HONORARY TRUSTS; TRUSTS FOR PETS

15-11-901. Honorary trusts; trusts for pets.

PART 10

INTERNATIONAL WILLS

15-11-1001. Short title.

15-11-1002. Definitions.

15-11-1003. International wills - validity.

15-11-1004. International wills - requirements.

15-11-1005. International wills - other points of form.

15-11-1006. Certificate that requirements for an international will have been met.

15-11-1007. Effect of certificate.

15-11-1008. Revocation.

15-11-1009. Source and construction of this part.

15-11-1010. Persons authorized to act in relation to international will - eligibility - recognition by authorizing agency.

15-11-1011. Filing of international will - certificate and deposit of will.

PART 11

COLORADO STATUTORY RULE AGAINST PERPETUITIES ACT

15-11-1101. Short title.

15-11-1102. Statutory rule against perpetuities - applicability - repeal. (Repealed)

15-11-1102.5. Statutory rule against perpetuities.

15-11-1103. When nonvested property interest or power of appointment created.

15-11-1104. Reformation - repeal. (Repealed)

15-11-1104.5. Reformation.

15-11-1105. Exclusions from statutory rule against perpetuities.

15-11-1106. Prospective application.

15-11-1106.5. Retroactive application of certain provisions - notice of election.

15-11-1107. Uniformity of application and construction.

PART 12

UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT

15-11-1201. Short title.

15-11-1202. Definitions.

15-11-1203. Scope.

15-11-1204. Part supplemented by other law.

15-11-1205. Power to disclaim - general requirements - when irrevocable.

15-11-1206. Disclaimer of interest in property.

15-11-1207. Disclaimer of rights of survivorship in jointly held property.

15-11-1208. Disclaimer of interest by trustee.

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

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

15-11-1211. Disclaimer of power held in fiduciary capacity.

15-11-1212. Delivery or filing.

15-11-1213. When disclaimer barred or limited.

15-11-1214. Tax-qualified disclaimer.

15-11-1215. Filing or registering of disclaimer.

15-11-1216. Application to existing relationships.

15-11-1217. Uniformity of application and construction.

15-11-1218. Severability.

PART 13

COLORADO UNIFORM ELECTRONIC WILLS ACT

15-11-1301. Short title.

15-11-1302. Definitions.

15-11-1303. Law applicable to electronic wills - principles of equity.

15-11-1304. Choice of law regarding execution.

15-11-1305. Execution of electronic will.

15-11-1306. Harmless error.

15-11-1307. Revocation.

15-11-1308. Electronic will attested and made self-proving at time of execution.

15-11-1309. Certification of paper copy.

15-11-1310. Uniformity of application and construction.

15-11-1311. Application of part.

PREFATORY NOTE

The Uniform Probate Code was originally promulgated in 1969.

1990 Revisions. In 1990, Article II underwent significant revision. The 1990 revisions were the culmination of a systematic study of the Code conducted by the Joint Editorial Board for the Uniform Probate Code (now named the Joint Editorial Board for Uniform Trust and Estate Acts) and a special Drafting Committee to Revise Article II. The 1990 revisions concentrated on Article II, which is the article that covers the substantive law of intestate succession; spouse's elective share; omitted spouse and children; probate exemptions and allowances; execution and revocation of wills; will contracts; rules of construction; disclaimers; and the effect of homicide and divorce on succession rights; and the rule against perpetuities and honorary trusts.

Themes of the 1990 Revisions. In the twenty or so years between the original promulgation of the Code and 1990, several developments occurred that prompted the systematic round of review. Three themes were sounded: (1) the decline of formalism in favor of intent-serving policies; (2) the recognition that will substitutes and other inter-vivos transfers have so proliferated that they now constitute a major, if not the major, form of wealth transmission; (3) the advent of the multiple-marriage society, resulting in a significant fraction of the population being married more than once and having stepchildren and children by previous marriages and (4) the acceptance of a partnership or marital-sharing theory of marriage.

The 1990 revisions responded to these themes. The multiple-marriage society and the partnership/marital-sharing theory were reflected in the revised elective-share provisions of Part 2. As the General Comment to Part 2 explained, the revised elective share granted the surviving spouse a right of election that implemented the partnership/marital-sharing theory of marriage.

The children-of-previous-marriages and stepchildren phenomena were reflected most prominently in the revised rules on the spouse's share in intestacy.

The proliferation of will substitutes and other inter-vivos transfers was recognized, mainly, in measures tending to bring the law of probate and nonprobate transfers into greater unison. One aspect of this tendency was reflected in the restructuring of the rules of construction. Rules of construction are rules that supply presumptive meaning to dispositive and similar provisions of governing instruments. See Restatement (Third) of Property: Wills and Other Donative Transfers § 11.3 (2003). Part 6 of the pre-1990 Code contained several rules of construction that applied only to wills. Some of those rules of construction appropriately applied only to wills; provisions relating to lapse, testamentary exercise of a power of appointment, and ademption of a devise by satisfaction exemplify such rules of construction. Other rules of construction, however, properly apply to all governing instruments, not just wills; the provision relating to inclusion of adopted persons in class gift language exemplifies this type of rule of construction. The 1990 revisions divided pre-1990 Part 6 into two parts — Part 6, containing rules of construction for wills only; and Part 7, containing rules of construction for wills and other governing instruments. A few new rules of construction were also added.

In addition to separating the rules of construction into two parts, and adding new rules of construction, the revocation-upon-divorce provision (section 2-804) was substantially revised so that divorce not only revokes testamentary devises, but also nonprobate beneficiary designations, in favor of the former spouse. Another feature of the 1990 revisions was a new section (section 2-503) that brought the execution formalities for wills more into line with those for nonprobate transfers.

2008 Revisions. In 2008, another round of revisions was adopted. The principal features of the 2008 revisions are summarized as follows:

Inflation Adjustments. Between 1990 and 2008, the Consumer Price Index rose by somewhat more than 50 percent. The 2008 revisions raised the dollar amounts by 50 percent in Article II Sections 2-102, 2-102A, 2-201, 2-402, 2-403, and 2-405, and added a new cost of living adjustment section — Section 1-109.

Intestacy. Part 1 on intestacy was divided into two subparts: Subpart 1 on general rules of intestacy and subpart 2 on parent-child relationships. For details, see the General Comment to Part 1.

Execution of Wills. Section 2-502 was amended to allow notarized wills as an alternative to wills that are attested by two witnesses. That amendment necessitated minor revisions to Section 2-504 on self-proved wills and to Section 3-406 on the effect of notarized wills in contested cases.

Class Gifts. Section 2-705 on class gifts was revised in a variety of ways, as explained in the revised Comment to that section.

Reformation and Modification. New Sections 2-805 and 2-806 brought the reformation and modification sections now contained in the Uniform Trust Code into the Uniform Probate Code.

Historical Note. This Prefatory Note was revised in 2008.

PART 1

INTESTATE SUCCESSION

GENERAL COMMENT

The pre-1990 Code's basic pattern of intestate succession, contained in Part 1, was designed to provide suitable rules for the person of modest means who relies on the estate plan provided by law. The 1990 and 2008 revisions were intended to further that purpose, by fine tuning the various sections and bringing them into line with developing public policy and family relationships.

1990 Revisions. The principal features of the 1990 revisions were:

1. So-called negative wills were authorized, under which the decedent who dies intestate, in whole or in part, can by will disinherit a particular heir.

2. A surviving spouse was granted the whole of the intestate estate, if the decedent left no surviving descendants and no parents or if the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has no descendants who are not descendants of the decedent. The surviving spouse receives the first $200,000 plus three-fourths of the balance if the decedent left no surviving descendants but a surviving parent. The surviving spouse receives the first $150,000 plus one-half of the balance of the intestate estate, if the decedent's surviving descendants are also descendants of the surviving spouse but the surviving spouse has one or more other descendants. The surviving spouse receives the first $100,000 plus one-half of the balance of the intestate estate, if the decedent has one or more surviving descendants who are not descendants of the surviving spouse. (To adjust for inflation, these dollar figures and other dollar figures in Article II were increased by fifty percent in 2008.)

3. A system of representation called per capita at each generation was adopted as a means of more faithfully carrying out the underlying premise of the pre-1990 UPC system of representation. Under the per-capita-at-each-generation system, all grandchildren (whose parent has predeceased the intestate) receive equal shares.

4. Although only a modest revision of the section dealing with the status of adopted children and children born of unmarried parents was then made, the question was under continuing review and it was anticipated that further revisions would be forthcoming in the future.

5. The section on advancements was revised so that it applies to partially intestate estates as well as to wholly intestate estates.

2008 Revisions. As noted in Item 4 above, it was recognized in 1990 that further revisions on matters of status were needed. The 2008 revisions fulfilled that need. Specifically, the 2008 revisions contained the following principal features:

Part 1 Divided into Two Subparts. Part 1 was divided into two subparts: Subpart 1 on general rules of intestacy and Subpart 2 on parent-child relationships.

Subpart 1: General Rules of Intestacy. Subpart 1 contains Sections 2-101 (unchanged), 2-102 (dollar figures adjusted for inflation), 2-103 (restyled and amended to grant intestacy rights to certain stepchildren as a last resort before the intestate estate escheats to the state), 2-104 (amended to clarify the requirement of survival by 120 hours as it applies to heirs who are born before the intestate's death and those who are in gestation at the intestate's death), 2-105 (unchanged), 2-106 (unchanged), 2-107 (unchanged), 2-108 (deleted and matter dealing with heirs in gestation at the intestate's death relocated to 2-104), 2-109 (unchanged), 2-110 (unchanged), 2-111 (unchanged), 2-112 (unchanged), 2-113 (unchanged), and 2-114 (deleted and replaced with a new section addressing situations in which a parent is barred from inheriting).

Subpart 2: Parent-Child Relationships. New Subpart 2 contains several new or substantially revised sections. New Section 2-115 contains definitions of terms that are used in subpart 2. New Section 2-116 is an umbrella section declaring that, except as otherwise provided in Section 2-119(b) through (e), 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 purposes of intestate succession. Section 2-117 continues the rule that, except as otherwise provided in Sections 2-120 and 2-121, a parent-child relationship exists between a child and the child's genetic parents, regardless of their marital status. Regarding adopted children, Section 2-118 continues the rule that adoption establishes a parent-child relationship between the adoptive parents and the adoptee for purposes of intestacy. Section 2-119 addresses the extent to which an adoption severs the parent-child relationship with the adoptee's genetic parents. New Sections 2-120 and 2-121 turn to various parent-child relationships resulting from assisted reproductive technologies in forming families. As one researcher reported: "Roughly 10 to 15 percent of all adults experience some form of infertility." Debora L. Spar, The Baby Business 31 (2006). Infertility, coupled with the desire of unmarried individuals to have children, have led to increased questions concerning children of assisted reproduction. Sections 2-120 and 2-121 address inheritance rights in cases of children of assisted reproduction, whether the birth mother is the one who parents the child or is a gestational carrier who bears the child for an intended parent or intended parents. As two authors have noted: "Parents, whether they are in a married or unmarried union with another, whether they are a single parent, whether they procreate by sexual intercourse or by assisted reproductive technology, are entitled to the respect the law gives to family choice." Charles P. Kindregan, Jr. & Maureen McBrien, Assisted Reproductive Technology: A Lawyer's Guide to Emerging Law and Science 6-7 (2006). The final section, new Section 2-122, provides that nothing contained in Subpart 2 should be construed as affecting application of the judicial doctrine of equitable adoption.

Historical Note. This General Comment was revised in 2008.

SUBPART 1

GENERAL RULES

Cross references: For clarification of the term "surviving spouse", see § 15-11-802.