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

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

(1) No informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator's domicile and appointment proceedings relating to an estate in which there has been a prior appointment, may be commenced more than three years after the decedent's death, except:

(a) If a previous proceeding was dismissed because of doubt about the fact of the decedent's death, appropriate probate, appointment, or testacy proceedings may be maintained at any time thereafter upon a finding that the decedent's death occurred prior to the initiation of the previous proceeding and the applicant or petitioner has not delayed unduly in initiating the subsequent proceedings;

(b) Appropriate probate, appointment, or testacy proceedings may be maintained in relation to the estate of an absent, disappeared, or missing person for whose estate a conservator has been appointed, at any time within three years after the conservator becomes able to establish the death of the protected person; and

(c) A proceeding to contest an informally probated will and to secure appointment of the person with legal priority for appointment in the event the contest is successful may be commenced within the later of twelve months from the informal probate or three years from the decedent's death.

(2) These limitations do not apply to:

(a) Proceedings to construe probated wills; or

(b) Proceedings to determine heirs of an intestate and related appointment proceedings; or

(c) Appointment proceedings and testacy proceedings if no previous testacy proceedings or proceedings determining heirship relating to the decedent's estate have been concluded in this state.

(3) In cases under subsection (1) of this section, the date on which a testacy or appointment proceeding is properly commenced shall be deemed to be the date of the decedent's death for purpose of other limitation provisions of this code which relate to the date of death.

Source: L. 73: R&RE, p. 1566, § 1. C.R.S. 1963: § 153-3-108. L. 77: (2) R&RE, p. 833, § 14, effective July 1. L. 79: (2)(b) and (2)(c) amended, p. 657, § 1, effective May 25.

ANNOTATION

Law reviews. For article, "A Potpourri of Probate Practice Aids", see 11 Colo. Law. 1850 (1982). For article, "Will Contests — Some Procedural Aspects", see 15 Colo. Law. 787 (1986). For article, "Statutes of Limitation in Probate and Trust Litigation", see 45 Colo. Law. 35 (May 2016).

The Colorado probate code cannot be deemed to indicate a legislative intent to eradicate all time limitations. In re Estate of Wehling, 37 Colo. App. 276, 547 P.2d 1289 (1976), aff'd sub nom. Kropp v. Farmers Ins. Exch., 93 Colo. 144, 563 P.2d 943 (1977).

This statute is a statute of limitations, and not a non-claim statute depriving the probate court of jurisdiction. In re Estate of Kubby, 929 P.2d 55 (Colo. App. 1996).

Because § 15-10-106 provides an adequate legal remedy for plaintiff's claim that her son fraudulently induced her into not contesting her husband's will, the statute of limitations in this section is not subject to equitable tolling. In re Kubby, 929 P.2d 55 (Colo. App. 1996).