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

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

(1) Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of any claimant to recover from a distributee who is liable to pay the claim, and the right of any heir or devisee or of a successor personal representative acting in their behalf, to recover property improperly distributed or the value thereof from any distributee is forever barred as follows:

(a) A claim by a creditor of the decedent is forever barred at one year after the decedent's death.

(b) Any other claimant or any heir or devisee is forever barred at the later of the following:

(I) Three years after the decedent's death; or

(II) One year after the time of distribution thereof.

(2) This section does not bar an action to recover property or value received as the result of fraud.

Source: L. 73: R&RE, p. 1606, § 1. C.R.S. 1963: § 153-3-1006. L. 90: Entire section amended, p. 907, § 6, effective July 1.

ANNOTATION

This statute (formerly § 15-12-803) is a nonclaim statute and not a statute of limitations and therefore creates a jurisdictional bar to a claim that is untimely filed. In re Estate of Daigle, 634 P.2d 71 (Colo. 1981); In re Estate of Shuler, 981 P.2d 1109 (Colo. App. 1999).

A claim not raised in a testacy proceeding or in a proceeding settling the accounts of a personal representative is not immediately barred by the nonclaim statute. In re Estate of Shuler, 981 P.2d 1109 (Colo. App. 1999).

Where brokerage account was owned by decedent and husband as joint tenants and passed by operation of law upon decedent's death to husband, husband's claim to brokerage account did not arise during decedent's lifetime but at or after her death and therefore husband is not a creditor of the decedent and his claim is not subject to the one-year bar in § 15-12-1006 (1)(a). In re Estate of Shuler, 981 P.2d 1109 (Colo. App. 1999).