Hartley v. Hall

936 P.2d 592, 20 Brief Times Rptr. 1229, 1996 Colo. App. LEXIS 249, 1996 WL 474088
CourtColorado Court of Appeals
DecidedAugust 22, 1996
DocketNo. 95CA0492
StatusPublished
Cited by2 cases

This text of 936 P.2d 592 (Hartley v. Hall) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hartley v. Hall, 936 P.2d 592, 20 Brief Times Rptr. 1229, 1996 Colo. App. LEXIS 249, 1996 WL 474088 (Colo. Ct. App. 1996).

Opinions

Opinion by

Judge HUME.

Claimant, Elizabeth Hartley, appeals the order of the district court dismissing her petition for allowance of claims pursuant to § 15-12-806, C.R.S. (1987 RepLVol. 6B). We vacate the order and remand the cause for further proceedings.

Hazel M. Hall (decedent) died on August 7, 1989. In December 1989, the personal representative of her estate published a notice to creditors advising that claims against the estate must be presented by April 30, 1990.

On January 4, 1990, claimant filed a statement of claim in the probate proceedings seeking approximately $26,000 in compensation for care and maintenance allegedly provided to Hazel M. Hall during her lifetime. And, because claimant was later called as a witness during litigation involving the estate, she also filed a claim in the court within the four month period after the expense was incurred as required by § 15-12-803(2)(b), C.R.S. (1987 RepLVol. 6B), seeking approximately $550 in travel expenses.

The estate was closed October 25, 1993, and on July 13, 1994, the personal representative filed a written notice with the court purporting to. disallow both of claimant’s claims. Claimant then filed a petition for allowance of claims on September 9, 1994.

Following a hearing, the district court dismissed claimant’s petition for allowance. Finding that the filing of such petition was governed by § 15-12-804(2), C.R.S. (1987 RepLVol. 6B), the trial court ruled it was untimely because, contrary to that statute, it was not filed within “the time limited for presenting [a] claim” against the estate.

Claimant contends that, because the personal representative failed to disallow her claims in a timely manner, the claims were deemed allowed by operation of law. And, because of the deemed allowance, claimant further contends that the personal representative’s untimely 1994 notice ostensibly disallowing her claims triggered a right for claimant under § 15-12-806(2), C.R.S. (1987 Repl. [594]*594Vol. 6B), within sixty days of such disallowance, to commence an action to enforce payment of her claims. We agree.

Section 15-12-803(1), C.R.S. (1987 Repl.Vol. 6B) requires that all claims against a decedent’s estate which arose before the decedent’s death be presented within the time set in the notice to creditors or, if no such notice has been published, within one year after the decedent’s death. And, § 15-12-803(2), C.R.S. (1987 Repl.Vol. 6B) allows any claim against a decedent’s estate arising at or after the death of the decedent to be presented within four months after the claim arises. Claims that are not presented within the prescribed periods are forever barred. See In re Estate of Daigle, 634 P.2d 71 (Colo.1981).

According to § 15-12-804, C.R.S. (1987 Repl.Vol. 6B),

(1) A claimant against a decedent’s estate may deliver or mail to the personal representative a written statement of the claim ... or may file a written statement of the claim ... with the clerk of the court. The claim is deemed presented on the first to occur of receipt of the written statement of claim by the personal representative, or the filing of the claim with the court.
(2) A claimant having a claim described in section 15-12-803(1) may commence a proceeding against the personal representative in the court where the personal representative was appointed to obtain payment of his claim. A claimant having a claim described in section 15-12-803(2) may commence 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 claim against the estate. The commencement of any proceeding on any claim, however, must occur within the time limited for presenting the claim.

And, § 15-12-806(1), C.R.S. (1987 Repl. Vol. 6B) provides in pertinent part:

As to claims presented in the manner described in section 15-12-804 within the time limit prescribed in section 15-12-803, the personal representative may mail a notice to any claimant stating that the claim has been disallowed. If the personal representative fails to mail notice to a claimant of action on his claim within sixty days after the time for original presentation of the claim has expired, the claim shall be deemed to be allowed.

The nonclaim statute, § 15-12-803, is a condition precedent and not a statute of limitations. Therefore, a claim must be presented within the time provided by that statute or it will be barred. In re Estate of Randall v. Colorado State Hospital, 166 Colo. 1, 441 P.2d 153 (1968). Failure to comply with the nonclaim statute bars the presentation of any claim after the specified period expires and deprives a probate court of jurisdiction over the claim. Wishbone, Inc. v. Eppinger, 829 P.2d 434 (Colo.App.1991).

Here, claimant presented her claims within the time limit set forth in the notice given by the personal representative and within the period provided by law for the claim that arose after decedent’s death. Claimant contended that the personal representative did not mail notice to her that her claims had been disallowed within the sixty days after the time for presenting claims had expired as required by § 15-12-806(1). Although the personal representative argued that the claim had been timely disallowed, the probate court did not resolve that issue, concluding instead that claimant’s petition for allowance was untimely.

On appeal, the personal representative asserts that, even if claimant’s claims are deemed allowed by operation of § 15-12-806(1), nevertheless, Security Savings & Loan Ass’n v. Estate of Kite, 857 P.2d 430 (Colo.App.1992) bars claimant from filing a petition for allowance of claims. He argues that claimant was required to commence such action before the expiration of time to present claims even though her claims had not yet been allowed or disallowed. We disagree.

In In re Estate of Hamilton v. Egan, 633 P.2d 1100 (Colo.App.1981), a division of this court determined that the personal represen[595]*595tative’s failure to disallow a timely presented claim while the estate was still open would render such claim allowed as a matter of law. And, once the estate had been closed, it could be reopened only to determine the factual issue as to whether the claim had or had not been timely disallowed. The court held that if such claim should be found to have been deemed allowed, then the claim should be paid.

And, in In re Estate of Roddy, 784 P.2d 841 (Colo.App.1989), the personal representative argued on appeal that claims deemed allowed may later be disallowed while an estate remains open and then adjudicated on their merits upon a petition for allowance that was timely filed after an untimely disal-lowance.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

of Treviño
2020 COA 125 (Colorado Court of Appeals, 2020)
Matter of Estate of Hall
936 P.2d 592 (Colorado Court of Appeals, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
936 P.2d 592, 20 Brief Times Rptr. 1229, 1996 Colo. App. LEXIS 249, 1996 WL 474088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hartley-v-hall-coloctapp-1996.