§ 15-12-709 — Duty of personal representative - possession of estate

Except
as otherwise provided by a decedent's will, every personal representative has a
right to, and shall take possession or control of, the decedent's property; except
that any real property or tangible personal property may be left with or surrendered
to the person presumptively entitled thereto unless or until, in the judgment of the
personal representative, possession of the property by the personal representative
will be necessary for the purposes of administration. The request by a personal
representative for delivery of any property possessed by an heir or devisee is
conclusive evidence, in any action against the heir or devisee for possession
thereof, that the possession of the property by the personal representative is
necessary for the purposes of administration. The personal representative shall pay
taxes on and take all steps reasonably necessary for the management, protection,
and preservation of the estate in such representative's possession. The personal
representative may maintain an action to recover possession of the property or to
determine the title thereto. If the personal representative incurs expenses
necessary for the protection or disposition of property not subject to such
representative's administration, such as those incurred to fix the amount of death
taxes thereon, or to compel the contribution contemplated in section 15-11-204 or
15-12-916 (4), the court may fix such liability for the same as it determines to be
equitable against any person entitled to or wrongfully withholding the property.

Legislative History

Source: L. 73: R&RE, p. 1589, � 1. C.R.S. 1963: � 153-3-709. L. 81: Entire section amended, p. 914, � 7, effective July 1. L. 94: Entire section amended, p. 1037, � 11, effective July 1, 1995. L. 2009: Entire section amended, (HB 09-1241), ch. 169, p. 761, � 17, effective April 22.