§ 15-12-802 — Statutes of limitations

Colorado § 15-12-802

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

Text

(1) Unless an estate is insolvent, or
would thereby be rendered insolvent, the personal representative, with the consent
of all successors whose interests would be affected, may waive any defense of
limitations available to the estate. If the defense is not waived, no claim which was
barred by any statute of limitations at the time of the decedent's death shall be
allowed or paid.

(2) The running of any statute of limitations measured from some event other
than death or the giving of notice to creditors for claims against a decedent is
suspended during the four months following the decedent's death but resumes
thereafter as to claims not barred pursuant to the provisions of this part 8.

(3) For purposes of any statute of limitations other than those time periods
specified in sections 15-12-801, 15-12-803, 15-12-804, and 15-12-806, the proper
presentation of a claim under section 15-12-804 is equivalent to commencement of
a proceeding on the claim.

Legislative History

Source: L. 73: R&RE, p. 1592, � 1. C.R.S. 1963: � 153-3-802. L. 75: Entire section amended, p. 598, � 33, effective July 1. L. 90: Entire section amended, p. 905, � 2, effective July 1.