Colorado § 15-5-1005 - Limitation of actions against trustee.
Full text of Colorado Colorado Revised Statutes § 15-5-1005 — Limitation of actions against trustee., with citation guidance and answers to common questions.
§ 15-5-1005. Limitation of actions against trustee.
(1) A beneficiary may not commence a proceeding against a trustee for breach of trust more than one year after the date that the beneficiary or a person who may represent and bind the beneficiary, as provided in part 3 of this article 5, was sent a report that adequately disclosed the existence of a potential claim for breach of trust and informed the beneficiary of the time allowed for commencing a proceeding.
(2) A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence.
(3) If subsection (1) of this section does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within three years after the first to occur of:
(a) The removal or resignation of the trustee;
(b) The termination of the beneficiary's interest in the trust; or
(c) The termination of the trust.
(4) For purposes of subsection (1) of this section, a beneficiary is deemed to have been sent a report if:
(a) In the case of a beneficiary having capacity, it is sent to the beneficiary; or
(b) In the case of a beneficiary who, pursuant to part 3 of this article 5, may be represented and bound by another person, it is sent to the other person.
(5) This section does not preclude an action to recover for fraud or misrepresentation related to the report.
Source: L. 2018: Entire article added, (SB 18-180), ch. 169, p. 1185, § 1, effective January 1, 2019.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 15-5-1005
What does Colorado Revised Statutes § 15-5-1005 cover?
Section 15-5-1005 ("Limitation of actions against trustee.") 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 § 15-5-1005?
A common citation format is "Colorado Revised Statutes § 15-5-1005" (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 § 15-5-1005 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.