Colorado § 15-12-801 - Notice to creditors.

§ 15-12-801. Notice to creditors.

(1) Unless one year or more has elapsed since the death of the decedent, a personal representative shall cause a notice to creditors to be published in some daily or weekly newspaper published in the county in which the estate is being administered, or if there is no such newspaper, then in some newspaper of general circulation in an adjoining county. Such notice shall be published not less than three times, at least once during each of three successive calendar weeks. The notice shall be substantially as follows:

NOTICE TO CREDITORS

Estate of ........................................(Deceased)

No. ...............................

​​​ All persons having claims against the above-named estate are required to present them to the undersigned or to the District Court of ..........County, Colorado (or Probate Court of the City and County of Denver, Colorado), on or before

(a date not earlier than four months from date of first publication

or the date one year from date of death, whichever occurs first),

.................................................................................. 20 ....., or said claims may be forever barred.

.............................................

Personal Representative

(2) A personal representative may give written notice by mail or other delivery to any creditor. Written notice shall be the notice described in subsection (1) of this section or a similar notice. Such written notice shall notify the creditor to present his claim within the later of the following time periods or be forever barred:

(a) Within the time set in the notice to creditors by publication in compliance with subsection (1) of this section; or

(b) Within sixty days from the mailing or other delivery of such notice, but not later than the date one year from date of death.

(3) A personal representative shall not be liable to any creditor or to any successor of the decedent for giving or failing to give notice under this section.

Source: L. 73: R&RE, p. 1592, § 1. C.R.S. 1963: § 153-3-801. L. 75: Entire section R&RE, p. 597, § 32, effective July 1. L. 79: Entire section amended, p. 649, § 9, effective July 1. L. 90: Entire section amended, p. 904, § 1, effective July 1.

ANNOTATION

Law reviews. For article, "How Many Times", see 19 Dicta 231 (1942). For article, "Again — How Many Times?", see 21 Dicta 62 (1944). For article, "Decedents' Creditors and Nonprobate Assets," see 15 Colo. Law. 2190 (1986).

Failure to file claim within four months bars claim. The failure of a creditor to file a claim on its judgment within the four months required by this section bars it from asserting any claim based on the judgment. Park State Bank v. McLean, 660 P.2d 13 (Colo. App. 1982).

A known or reasonably ascertainable creditor must present claims by the published deadline if the creditor has actual knowledge of the deadline. In re Estate of Sheridan, 117 P.3d 39 (Colo. App. 2004).

Ex-wife's right to enforce a judicial lien through foreclosure is not affected by this section where, as a secured creditor, she could proceed against the property without filing a claim against the estate. Wright v. Estate of Valley, 827 P.2d 579 (Colo. App. 1992).

Wife's creditor's claim barred because she failed to timely file notice of appeal for that specific claim. Although wife filed two claims on the same day addressing different elements of a singular probate case, each claim was a distinctive claim, and neither overlapped nor involved the same subject matter. Because wife's creditor's claim was governed by a proceeding independent of the petition for spouse's elective share, the probate court's order barring wife's creditor's claim was a final order, and wife failed to timely appeal. In re Estate of Gadash, 2017 COA 54, 413 P.3d 272.

Applied in In re Estate of Daigle, 634 P.2d 71 (Colo. 1981); Barnhill v. Pub. Serv. Co., 649 P.2d 716 (Colo. App. 1982), aff'd, 690 P.2d 1248 (Colo. 1984).