Colorado § 15-12-1202 Effect of affidavit

Colorado Statutes

§ 15-12-1202 — Effect of affidavit

Colorado·Title 15 Probate,·Art. Probate of Wills and Administration

(1)The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if he or she dealt with a personal representative of the decedent. He or she is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit.

(2)If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of the right of persons entitled thereto in a proceeding brought for the purpose by or on behalf of such persons.

(3)If a proof of right has been established i

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(1) The person paying, delivering,
transferring, or issuing personal property or the evidence thereof pursuant to
affidavit is discharged and released to the same extent as if he or she dealt with a
personal representative of the decedent. He or she is not required to see to the
application of the personal property or evidence thereof or to inquire into the truth
of any statement in the affidavit.

(2) If any person to whom an affidavit is delivered refuses to pay, deliver,
transfer, or issue any personal property or evidence thereof, it may be recovered or
its payment, delivery, transfer, or issuance compelled upon proof of the right of
persons entitled thereto in a proceeding brought for the purpose by or on behalf of
such persons.

(3) If a proof of right has been established in a proceeding under subsection
(2) of this section, any person to whom an affidavit was delivered and who refused,
without reasonable cause, to pay, deliver, transfer, or issue any personal property or
evidence thereof belonging to the decedent, as provided in section 15-12-1201, shall
be liable for all costs, including reasonable attorney fees and costs, incurred by or
on behalf of the persons entitled thereto. The person to whom an affidavit was
delivered bears the burden of proving reasonable cause by a preponderance of the
evidence.

(4) Any person to whom payment, delivery, transfer, or issuance is made is
answerable and accountable therefor to any personal representative of the estate
or to any other person having a superior right.

Colorado § 15-12-1202 (Effect of affidavit) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 73: R&RE, p. 1608, � 1. C.R.S. 1963: � 153-3-1202. L. 2014: Entire section amended, (HB 14-1322), ch. 296, p. 1235, � 7, effective August 6.