Colorado § 15-20-109 - Right of heir, devisee, or nonprobate transferee.
Full text of Colorado Colorado Revised Statutes § 15-20-109 — Right of heir, devisee, or nonprobate transferee., with citation guidance and answers to common questions.
§ 15-20-109. Right of heir, devisee, or nonprobate transferee.
(1) An heir, devisee, or nonprobate transferee of a deceased community property spouse may assert a claim for relief with respect to a right under this act pursuant to the following rules:
(a) In an action asserting a right in or to property, the heir, devisee, or nonprobate transferee must:
(I) Commence an action against the surviving community property spouse of the decedent who is in possession of the property, not later than three years after the death of the decedent; or
(II) Send a demand in a record to the personal representative, not later than the time periods set forth in section 15-12-803.
(b) In an action other than an action pursuant to subsection (1)(a) of this section, the heir, devisee, or nonprobate transferee must:
(I) Send a demand in a record to the personal representative, not later than the time periods set forth in section 15-12-803 after the appointment of the personal representative of the decedent; or
(II) If a personal representative is not appointed, commence the action not later than three years after the death of the decedent.
(2) Unless a timely demand is made under subsection (1)(a)(II) or (1)(b)(I) of this section, the personal representative may distribute the assets of the decedent's estate without personal liability for an heir's, devisee's, or nonprobate transferee's claim under this act.
Source: L. 2023: Entire article R&RE, (SB 23-100), ch. 30, p. 105, § 1, effective July 1.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 15-20-109
What does Colorado Revised Statutes § 15-20-109 cover?
Section 15-20-109 ("Right of heir, devisee, or nonprobate transferee.") 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 § 15-20-109?
A common citation format is "Colorado Revised Statutes § 15-20-109" (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 § 15-20-109 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.