Colorado § 15-19-105 - Reliance - declarations.
Full text of Colorado Colorado Revised Statutes § 15-19-105 — Reliance - declarations., with citation guidance and answers to common questions.
§ 15-19-105. Reliance - declarations.
(1) (a) A third party who provides for the lawful disposition of a declarant's remains in reliance on a declaration that appears to be legally executed shall not be subject to civil liability or administrative discipline for such reliance.
(b) (I) A third party, when presented with a declaration, may presume in the absence of actual knowledge to the contrary:
(A) That the declaration was validly executed;
(B) That the declarant was competent when the instrument was executed; and
(C) That the declaration has not been revoked.
(II) A third party who provides for the lawful disposition of a declarant's remains in reliance on a declaration shall not be civilly or criminally liable for the proper application of property delivered or surrendered to comply with the declarant's instructions in the declaration.
(2) A declaration shall be binding on all persons with an interest in the disposition of the declarant's remains. Section 15-19-106 (1) shall not vest a right to control disposition or ceremonial arrangements that conflict with those made by a declaration. If the declaration conflicts with the directions of any other person, the declaration shall control, and a third party shall provide for the lawful disposition according to the declaration so long as:
(a) No challenge to the validity of the declaration exists under subsection (3) of this section; and
(b) The deceased provided the resources necessary to carry out the disposition.
(3) A challenge to the validity of the declaration or the competency of the declarant when the declaration was executed shall be resolved by the probate court. A third party who knows a declaration has been challenged shall not be liable for refusing to accept, inter, cremate, or otherwise dispose of a declarant's remains until the third party receives a court order or other reasonable confirmation that the challenge has been resolved or settled.
Source: L. 2003: Entire article added, p. 1351, § 1, effective August 6. L. 2006: Entire section amended, p. 899, § 4, effective August 7.
Frequently Asked Questions About Colorado § 15-19-105
What does Colorado Revised Statutes § 15-19-105 cover?
Section 15-19-105 ("Reliance - declarations.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 15-19-105?
A common citation format is "Colorado Revised Statutes § 15-19-105" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 15-19-105 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.