Colorado § 15-11-1311 - Application of part.

§ 15-11-1311. Application of part.

This part 13 applies to the will of a decedent who dies on or after July 2, 2021.

Source: L. 2021: Entire part added with relocations, (SB 21-266), ch. 423, p. 2800, § 11, effective July 2.

ARTICLE 12

Probate of Wills and Administration

PART 1

GENERAL PROVISIONS

15-12-101. Devolution of estate at death; restrictions.

15-12-102. Necessity of order of probate for will.

15-12-103. Necessity of appointment for administration.

15-12-104. Claims against decedent.

15-12-105. Proceedings affecting devolution and administration - jurisdiction of subject matter.

15-12-106. Proceedings within the exclusive jurisdiction of court - service - jurisdiction over persons.

15-12-107. Scope of proceedings - proceedings independent - exception.

15-12-108. Probate, testacy, and appointment proceedings - ultimate time limit.

15-12-109. Statutes of limitations on decedent's cause of action.

PART 2

VENUE FOR PROBATE AND ADMINISTRATION; PRIORITY TO ADMINISTER; DEMAND FOR NOTICE

15-12-201. Venue for first and subsequent estate proceedings - location of property.

15-12-202. (Reserved)

15-12-203. Priority among persons seeking appointment as personal representative.

15-12-204. Demand for notice of order or filing concerning decedent's estate.

PART 3

INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS

15-12-301. Informal probate or appointment proceedings - application - contents.

15-12-302. Informal probate - duty of registrar - effect of informal probate.

15-12-303. Informal probate - proof and findings required.

15-12-304. Informal probate - unavailable in certain cases.

15-12-305. Informal probate - registrar not satisfied.

15-12-306. Informal probate - notice and information requirements.

15-12-307. Informal appointment proceedings - delay in order - duty of registrar - effect of appointment.

15-12-308. Informal appointment proceedings - proof and findings required.

15-12-309. Informal appointment proceedings - registrar not satisfied.

15-12-310. Informal appointment proceedings - notice requirements.

15-12-311. Informal appointment unavailable in certain cases.

PART 4

FORMAL TESTACY AND APPOINTMENT PROCEEDINGS

15-12-401. Formal testacy proceedings - nature - when commenced.

15-12-402. Formal testacy or appointment proceedings - petition - contents.

15-12-403. Formal testacy proceedings - notice of hearing on petition.

15-12-404. Formal testacy proceedings - written objections to probate.

15-12-405. Formal testacy proceedings - uncontested cases - hearings and proof.

15-12-406. Formal testacy proceedings - contested cases.

15-12-407. Formal testacy proceedings - burdens in contested cases.

15-12-408. Formal testacy proceedings - will construction - effect of final order in another jurisdiction.

15-12-409. Formal testacy proceedings - order - foreign will.

15-12-410. Formal testacy proceedings - probate of more than one instrument.

15-12-411. Formal testacy proceedings - partial intestacy.

15-12-412. Formal testacy proceedings - effect of order - vacation.

15-12-413. Formal testacy proceedings - vacation of order for other cause.

15-12-414. Formal proceedings concerning appointment of personal representative.

PART 5

SUPERVISED ADMINISTRATION

15-12-501. Supervised administration - nature of proceedings.

15-12-502. Supervised administration - petition - order.

15-12-503. Supervised administration - effect on other proceedings.

15-12-504. Supervised administration - powers of personal representative.

15-12-505. Supervised administration - interim orders - distribution and closing orders.

PART 6

PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL, AND TERMINATION OF AUTHORITY

15-12-601. Qualification.

15-12-602. Acceptance of appointment - consent to jurisdiction.

15-12-603. Bond not required without court order - exceptions.

15-12-604. Bond amount - security - procedure - reduction.

15-12-605. Demand for bond by interested person.

15-12-606. Terms and conditions of bonds.

15-12-607. Order restraining personal representative.

15-12-608. Termination of appointment - general.

15-12-609. Termination of appointment - death or disability.

15-12-610. Termination of appointment - voluntary.

15-12-611. Termination of appointment by removal - cause - procedure.

15-12-612. Termination of appointment - change of testacy status.

15-12-613. Successor personal representative.

15-12-614. Special administrator - appointment.

15-12-615. Special administrator - who may be appointed.

15-12-616. Special administrator - appointed informally - powers and duties.

15-12-617. Special administrator - formal proceedings - power and duties.

15-12-618. Termination of appointment - special administrator.

15-12-619. Public administrator - appointment - oath - bond - deputy.

15-12-620. Public administrator - responsibility for protecting decedent's estate - duty of persons holding property.

15-12-621. Public administrator - decedents' estates - areas of responsibility.

15-12-622. Public administrator - acting as conservator or trustee.

15-12-623. Public administrator - administration - reports - fees.

PART 7

DUTIES AND POWERS OF PERSONAL REPRESENTATIVES

15-12-701. Time of accrual of duties and powers.

15-12-702. Priority among different letters.

15-12-703. General duties - relation and liability to persons interested in estate - duty to search for a designated beneficiary agreement - standing to sue.

15-12-704. Personal representative to proceed without court order - exception.

15-12-705. Duty of personal representative - information to heirs and devisees.

15-12-706. Duty of personal representative - inventory and appraisement.

15-12-707. Employment of appraisers.

15-12-708. Duty of personal representative - supplementary inventory.

15-12-709. Duty of personal representative - possession of estate.

15-12-710. Power to avoid transfers.

15-12-711. Powers of personal representatives - in general.

15-12-712. Improper exercise of power - breach of fiduciary duty.

15-12-713. Sale, encumbrance, or transaction involving conflict of interest - voidable - exceptions.

15-12-714. Persons dealing with personal representative - protection.

15-12-715. Transactions authorized for personal representatives - exceptions.

15-12-716. Powers and duties of successor personal representative.

15-12-717. Corepresentatives - when joint action required.

15-12-718. Powers of surviving personal representative.

15-12-719. Compensation of personal representative. (Repealed)

15-12-720. Expenses in estate litigation. (Repealed)

15-12-721. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. (Repealed)

15-12-722. Failure to comply with court orders - penalty. (Repealed)

15-12-723. Assets concealed or embezzled.

PART 8

CREDITORS' CLAIMS

15-12-801. Notice to creditors.

15-12-802. Statutes of limitations.

15-12-803. Limitations on presentation of claims.

15-12-804. Manner of presentation of claims.

15-12-805. Classification of claims.

15-12-806. Allowance of claims.

15-12-807. Payment of claims.

15-12-808. Individual liability of personal representative.

15-12-809. Secured claims.

15-12-810. Claims not due and contingent or unliquidated claims.

15-12-811. Counterclaims.

15-12-812. Execution and levies prohibited.

15-12-813. Compromise of claims.

15-12-814. Encumbered assets.

15-12-815. Administration in more than one state - duty of personal representative.

15-12-816. Final distribution to domiciliary representative.

PART 9

SPECIAL PROVISIONS RELATING TO DISTRIBUTION

15-12-901. Successors' rights if no administration.

15-12-902. Distribution - order in which assets appropriated - abatement.

15-12-903. Right of retainer.

15-12-904. Interest on general pecuniary devise.

15-12-905. Penalty clause for contest.

15-12-906. Distribution in kind - valuation - method.

15-12-907. Distribution in kind - evidence.

15-12-908. Distribution - right or title of distributee.

15-12-909. Improper distribution - liability of distributee.

15-12-910. Purchasers from distributees protected.

15-12-911. Partition for purpose of distribution.

15-12-912. Private agreements among successors to decedent binding on personal representative.

15-12-913. Distributions to trustee.

15-12-914. Disposition of unclaimed assets.

15-12-915. Distribution to person under disability.

15-12-916. Apportionment of estate taxes.

PART 10

CLOSING ESTATES

15-12-1001. Formal proceedings terminating administration - testate or intestate - order of general protection.

15-12-1002. Formal proceedings terminating testate administration - order construing will without adjudicating testacy.

15-12-1003. Closing estates - by sworn statement of personal representative.

15-12-1004. Liability of distributees to claimants.

15-12-1005. Limitations on proceedings against personal representative.

15-12-1006. Limitations on actions and proceedings against distributees.

15-12-1007. Certificate discharging liens securing fiduciary performance.

15-12-1008. Subsequent administration.

15-12-1009. Estates not closed after three years or more.

PART 11

COMPROMISE OF CONTROVERSIES

15-12-1101. Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons.

15-12-1102. Procedure for securing court approval of compromise.

PART 12

COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT AND SUMMARY ADMINISTRATION PROCEDURE FOR SMALL ESTATES

15-12-1201. Collection of personal property by affidavit.

15-12-1202. Effect of affidavit.

15-12-1203. Small estates - summary administrative procedure.

15-12-1204. Small estates - closing by sworn statement of personal representative.

15-12-1205. Time of taking effect - provisions for transition.

PART 13

DETERMINATION OF HEIRS, DEVISEES, AND PROPERTY INTERESTS BY SPECIAL PROCEEDING

15-12-1301. Definitions.

15-12-1302. Petition to determine heirship - devisees - interests in property.

15-12-1303. Hearing - notice - service.

15-12-1304. Appearance - hearing.

15-12-1305. Judgment.

15-12-1306. Decree - conclusive and when - reopening.

15-12-1307. Title of proceedings.

15-12-1308. Proceedings under the rules of civil procedure.

15-12-1309. Effective date - applicability.

PART 14

COLORADO UNIFORM ESTATE TAX APPORTIONMENT ACT

15-12-1401. Short title.

15-12-1402. Definitions.

15-12-1403. Apportionment by will or other dispositive instrument.

15-12-1404. Statutory apportionment of estate taxes.

15-12-1405. Credits and deferrals.

15-12-1406. Insulated property, advancement of tax - definitions.

15-12-1407. Apportionment and recapture of special elective benefits.

15-12-1408. Securing payment of estate tax from property in possession of fiduciary.

15-12-1409. Collection of estate tax by fiduciary.

15-12-1410. Right of reimbursement.

15-12-1411. Action to determine or enforce part.

15-12-1412. Uniformity of application and construction.

15-12-1413. Severability.

15-12-1414. Delayed application.

PART 15

COLORADO UNIFORM ELECTRONIC WILLS ACT

15-12-1501 to

15-12-1511. (Repealed)

PART 1

GENERAL PROVISIONS