Colorado § 15-17-101 - Time of taking effect - provisions for transition.

§ 15-17-101. Time of taking effect - provisions for transition.

(1) This code takes effect on July 1, 1974.

(2) Except as provided elsewhere in this code, including but not limited to sections 15-11-601, 15-11-701, 15-11-1106, and 15-17-103, on the effective date of this code or of any amendment to this code:

(a) The code or the amendment applies to governing instruments executed by decedents dying thereafter;

(b) The code or the amendment applies to any proceedings in court then pending or thereafter commenced, regardless of the time of the death of decedent, except to the extent that in the opinion of the court the former procedure should be made applicable in a particular case in the interest of justice or because of infeasibility of application of the procedure of this code or any amendment to this code;

(c) Every personal representative or other fiduciary holding an appointment on July 1, 1974, or before the effective date of an amendment to this code continues, to hold the appointment but has only the powers conferred by this code and by any amendment to this code and is subject to the duties imposed by this code and by any amendment to this code with respect to any act occurring or done thereafter;

(d) An act done before July 1, 1974, or before the effective date of an amendment to this code, in any proceeding is not impaired by this code or by any amendment to this code. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before July 1, 1974, or before the effective date of an amendment to this code, the provisions of that statute shall remain in force with respect to that right;

(e) Any rule of construction or presumption provided in this code or in any amendment to this code applies to governing instruments executed before July 1, 1974, or before the effective date of an amendment to this code, unless there is a clear indication of a contrary intent;

(f) No provision of this code or of any amendment to this code shall apply retroactively if the court determines that such application would cause the provisions to be retrospective in its operation in violation of section 11 of article II of the state constitution; and

(g) The law in effect at the time of death identifies the heirs and determines the shares under intestacy in accordance with sections 15-11-101 to 15-11-103.

Source: L. 73: R&RE, p. 1645, § 1. C.R.S. 1963: § 153-8-101. L. 75: (2)(b) and (2)(c) amended, p. 606, § 61, effective July 1. L. 2013: Entire section amended, (SB 13-077), ch. 190, p. 779, § 14, effective August 7. L. 2018: IP(2) amended, (SB 18-180), ch. 169, p. 1194, § 15, effective January 1, 2019.

ANNOTATION

Legislative intent. This section evidences the intent of the general assembly to preserve prior existing rights and to preclude disruption of such rights due to the change in the law effected by the Colorado probate code. In re Estate of Novitt, 37 Colo. App. 524, 549 P.2d 805 (1976).

Subsection (2)(a) trumps (2)(b) to the extent that they conflict. Subsection (2)(a) pertains only to proceedings involving governing instruments; by contrast, subsection (2)(b) has no such limitation. Thus, subsection (2)(a) is more specific. In re Estate of Ramstetter, 2016 COA 81, 411 P.3d 1043.

New probate code inapplicable to will automatically revoked by statute. Where decedent's will was automatically revoked by operation of statute that was in effect as the time of decedent's marriage, the new probate code did not apply to will of decedent even though he died after 1974. Phillips v. Liechty, 674 P.2d 1001 (Colo. App. 1983).

Election of the surviving spouse to one-half of the augmented estate was disallowed insofar as it would affect assets transferred to a revocable inter vivos trust prior to July 1, 1974, the effective date of the Colorado probate code. In re Estate of Novitt, 37 Colo. App. 524, 549 P.2d 805 (1976).

The probate court properly refused to apply the augmented estate provisions of § 15-11-202 to joint tenancies where the joint tenancies vested prior to the effective date of the Colorado probate code. Estate of Barnhart v. Burkhardt, 38 Colo. App. 544, 563 P.2d 972 (1977), aff'd, 194 Colo. 505, 574 P.2d 500 (1978).

Applied in Price v. Sommermeyer, 195 Colo. 285, 577 P.2d 752 (1978); In re Estate of Beasley, 40 Colo. App. 347, 578 P.2d 662 (1978); In re Estate of Daigle, 634 P.2d 71 (Colo. 1981); Lopata v. Metzel, 641 P.2d 952 (Colo. 1982).