§ 15-12-1006 — Limitations on actions and proceedings against distributees

Colorado § 15-12-1006

• Jurisdiction: Colorado
• Title 15: Probate,
• Art.: Probate of Wills and Administration

Text

(1)
Unless previously adjudicated in a formal testacy proceeding or in a proceeding
settling the accounts of a personal representative or otherwise barred, the claim of
any claimant to recover from a distributee who is liable to pay the claim, and the
right of any heir or devisee or of a successor personal representative acting in their
behalf, to recover property improperly distributed or the value thereof from any
distributee is forever barred as follows:

(a) A claim by a creditor of the decedent is forever barred at one year after
the decedent's death.

(b) Any other claimant or any heir or devisee is forever barred at the later of
the following:

(I) Three years after the decedent's death; or

(II) One year after the time of distribution thereof.

(2) This section does not bar an action to recover property or value received
as the result of fraud.

Legislative History

Source: L. 73: R&RE, p. 1606, � 1. C.R.S. 1963: � 153-3-1006. L. 90: Entire section amended, p. 907, � 6, effective July 1.