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

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

(1) Before a claim may be presented, the decedent's estate must first have been commenced in a court of appropriate jurisdiction by the filing of an application or petition pursuant to part 3 or 4 of this article. A claimant may thereafter present a claim only by:

(a) Filing a written statement of the claim with the clerk of the court, in the form approved by the supreme court, whether or not a personal representative has been appointed;

(b) Delivering or mailing a written statement of the claim to the court-appointed personal representative; or

(c) In the case of a claimant who has a claim described in section 15-12-803 (1), presenting a claim by commencing a proceeding against the personal representative in the court where the personal representative was appointed to obtain payment of the claim. A claimant having a claim described in section 15-12-803 (2) may present a claim by commencing a proceeding against the personal representative in any court where the personal representative may be subjected to jurisdiction under the rules of civil procedure or statutes of this state to obtain payment of his or her claim against the estate. In order to constitute a timely presentation of a claim, the commencement of any proceeding under this paragraph (c) must occur within the time limited for presenting the claim. Time limits on proceedings to enforce timely presented claims are determined by section 15-12-806 (1) and not by this paragraph (c).

(2) Unless presentation is made pursuant to paragraph (a) of subsection (1) of this section, a claim against a decedent's estate is not validly presented by delivering or mailing a claim to any person unless that person has been appointed by the court or registrar of the court as the personal representative of the decedent's estate prior to the time the presentation is attempted.

(3) A personal representative's knowledge that a creditor could bring a claim against an estate shall not be treated as a valid substitute for the proper presentation of a written claim authorized by subsection (1) of this section.

(4) Each written statement of a claim shall include:

(a) A request or demand for payment from the decedent or the estate; and

(b) Sufficient information to allow the personal representative to investigate and respond to the claim, including the basis of the claim, the name and address of the claimant, and the amount claimed.

(5) Except in the situation where a special administrator has been formally appointed with specific powers to deal with the specific claim being presented or has been formally appointed to deal with claims generally under this part 8, a special administrator appointed in informal proceedings, or a special administrator who lacks the powers and authority of a general personal representative, is not a personal representative to whom presentation of a claim may properly be made.

(6) A claim shall be deemed presented on the date that the court-appointed personal representative receives the written statement of claim or the date the claim is filed with the court, whichever is earlier. If a claim is not yet due, the claim shall state the date when it will become due. If the claim is contingent or unliquidated, the claim shall state the nature of the uncertainty. If the claim is secured, the claim shall describe the security. Failure to describe correctly the security, the nature of any uncertainty, or the due date of a claim not yet due does not invalidate the presentation made.

(7) The personal representative shall inform any interested person, upon request, as to the existence, amounts, and nature of all claims against the estate that are known to him or her, but the personal representative shall not be required to express any opinion as to the probable outcome of any claim.

(8) If a claim is presented under subsection (1) of this section, a proceeding thereon may not be commenced more than sixty-three days after the personal representative has mailed a notice of disallowance; except that, in the case of a claim that is not presently due or that is contingent or unliquidated, the personal representative may consent to an extension of the sixty-three-day period, or, to avoid injustice, the court, on petition, may order an extension of the sixty-three-day period, but in no event shall the extension run beyond the applicable statute of limitations.

Source: L. 73: R&RE, p. 1593, § 1. C.R.S. 1963: § 153-3-804. L. 75: (2) amended, p. 598, § 35, effective July 1. L. 96: Entire section amended, p. 660, § 12, effective July 1. L. 2006: Entire section amended, p. 374, § 3, effective July 1. L. 2012: (8) amended, (SB 12-175), ch. 208, p. 838, § 44, effective July 1.

ANNOTATION

Law reviews. For article, "Colorado Bar Association Meeting", see 23 Dicta 261 (1946). For article, "The Inventory and Final Report", see 27 Dicta 291 (1950). For article, "Evidence in Estate Proceedings", see 24 Rocky Mt. L. Rev. 437 (1952). For article, "Child Support Obligations After Death of the Supporting Parent", see 16 Colo. Law. 790 (1987). For article, "JDF 999 Collection of Personal Property by Affidavit Pursuant to CRS §§ 15-12-1201 and -1202", see 42 Colo. Law. 49 (June 2013).

Annotator's note. Since § 15-12-804 is similar to repealed § 153-12-5, C.R.S. 1963, CSA, C. 176, § 201, and laws antecedent thereto, relevant cases construing those provisions have been included in the annotations to this section.

Section simplifies procedure. Pierpoint v. Earl, 80 Colo. 328, 251 P. 529 (1926).

The requirements of this statute are mandatory. Crowley v. Farmers State Bank, 109 Colo. 146, 123 P.2d 407 (1942).

One designated in a will as a personal representative is not always the personal representative for purposes of subsection (1). Such persons may possess priority for appointment but may not necessarily be deemed qualified and appointed by the court. Estate of Rienks v. Rienks, 844 P.2d 1295 (Colo. App. 1992).

Nevertheless, a claim inartistically drawn is sufficient, where the administratrix had long known of the claim and, in a general way, of the facts upon which it was based, for she could not have been misled by the manner in which it was presented. Brown's Estate v. Stair, 25 Colo. App. 140, 136 P. 1003 (1913).

Excuse for failure to comply with section. An executor is the representative of the estate, and he cannot properly accept employment from, or act as agent of, a claimant in presenting a claim against the estate for adjustment; and his failure to comply with the request of a claimant in this regard, is no excuse for the latter's failure to file his claim in accordance with the provisions of this section. In re Hobson's Estate, 40 Colo. 332, 91 P. 929 (1907).

The intent of the law with respect to the filing and hearing of claims against an estate contemplates that the claim should be heard upon its merits. Where the trial court takes no testimony and the plaintiff has no opportunity to show that laches or the statute of limitations might or might not have been tolled, dismissing the claims on motions improperly raised under the rules of civil procedure agreed by the parties is erroneous. McPherson v. McPherson, 145 Colo. 170, 358 P.2d 478 (1960).

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., 193 Colo. 144, 563 P.2d 943 (1977).

But personal representative cannot defeat rights of creditor by failing timely to allow or disallow claims. In re Estate of Hall, 936 P.2d 592 (Colo. App. 1996), aff'd, 948 P.2d 539 (Colo. 1997).

Statutes must be read together. A claimant who has presented a claim pursuant to subsection (1) of this section rather than commencing a civil proceeding under subsection (2) has opted for consideration of the claim on its merits by the personal representative. If, thereafter, a claim initially deemed allowed is purportedly disallowed or not paid by the personal representative, the claimant is entitled to petition the court for allowance and payment of the claim under § 15-12-806 or § 15-12-807, even though such petition is brought more than 60 days after the deadline for presenting a claim pursuant to § 15-12-803. In re Estate of Hall, 936 P.2d 592 (Colo. App. 1996), aff'd, 948 P.2d 539 (Colo. 1997).

There are three methods of presenting a claim against an estate. First, a claimant may mail or deliver a written statement to the estate's personal representative. Second, a claimant may file its written claim with the clerk of the court where the estate is being probated. Third, a claimant may commence litigation against the personal representative to obtain payment of its claim against the estate. In re Estate of Hall, 948 P.2d 539 (Colo. 1997); In re Estate of Ongaro, 998 P.2d 1097 (Colo. 2000).

A creditor need not strictly comply with each formal requirement for presentation of claims, however, this section does require that a creditor provide a personal representative with reasonable notice that it is making a claim against an estate, which, at a minimum, must contain a request or demand for payment from the estate and sufficient information to allow the personal representative to investigate and respond to the claim. In re Estate of Ongaro, 998 P.2d 1097 (Colo. 2000); In re Estate of Kochevar, 94 P.3d 1253 (Colo. App. 2004).

Individual can claim against self as personal representative. A person acting in his individual capacity as a claimant can file or accept a filing of such a claim with himself as personal representative. Wickham v. Wickham, 670 P.2d 452 (Colo. App. 1983).

Notice to the attorney for the personal representative satisfies the requirement of notice to the personal representative. Strong Bros. Enters. v. Estate of Strong, 666 P.2d 1109 (Colo. App. 1983).

The personal representative's full knowledge of his or her own claims does not satisfy the presentation requirement. Personal representative must satisfy this section like any other claimant. In re Estate of Sheridan, 117 P.3d 39 (Colo. App. 2004).

None of the items the personal representative represented as a presentation of claim were a written request or demand for payment from estate; therefore, the personal representatives claims were not properly presented. In re Estate of Sheridan, 117 P.3d 39 (Colo. App. 2004).

Subsection (1) requires that a claim be mailed or delivered to a personal representative who has been formally appointed by order of the court, if the claim has not been filed with the clerk of the court. Estate of Rienks v. Rienks, 844 P.2d 1295 (Colo. App. 1992).

This section and § 15-12-803 do not apply to a devisee's demand for distribution of a devise under a will. The devisee's demand was not a claim against the estate as envisioned by the nonclaim statutes. In re Estate of Colby, 2021 COA 31, 486 P.3d 466.

Applied in In re Estate of Hamilton v. Egan, 633 P.2d 1100 (Colo. App. 1981).