§ 15-12-803 — Limitations on presentation of claims

Colorado § 15-12-803

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

Text

(1) (a) All claims against a
decedent's estate that arose before the death of the decedent, including claims of
the state of Colorado and any subdivision thereof, whether due or to become due,
absolute or contingent, liquidated or unliquidated, founded on contract, tort, or
other legal basis, if not barred earlier by other statutes of limitations, are barred
against the estate, the personal representative, any transferee or other person
incurring liability under section 15-15-103, and the heirs and devisees of the
decedent, unless presented as follows:

(I) As to creditors barred by publication, within the time set in the published
notice to creditors;

(II) As to creditors barred by written notice, within the time set in the written
notice;

(III) As to all creditors, within one year after the decedent's death.

(b) In addition to the limitations on presentation of claims in paragraph (a) of
this subsection (1), claims barred by the nonclaim statute at the decedent's domicile
are also barred in this state.

(2) All claims against a decedent's estate that arise at or after the death of
the decedent, including claims of the state and any subdivision thereof, whether
due or to become due, absolute or contingent, liquidated or unliquidated, founded
on contract, tort, or other legal basis, are barred against the estate, the personal
representative, any transferee or other person incurring liability under section 15-15-103, and the heirs and devisees of the decedent, unless presented as follows:

(a) A claim based on a contract with the personal representative, within four
months after performance by the personal representative is due;

(b) Any other claim, within four months after it arises.

(3) Nothing in this section affects or prevents:

(a) Any proceeding to enforce any mortgage, pledge, or other lien upon
property of the estate;

(b) To the limits of the insurance protection only, any proceeding to establish
liability of the decedent or the personal representative for which he is protected by
liability insurance; or

(c) Collection of compensation for services rendered and reimbursement for
expenses advanced by the personal representative or by the attorney or accountant
for the personal representative of the estate.

(4) This section is a nonclaim statute that cannot be waived or tolled, and it
shall not be considered a statute of limitations.

(5) Unless section 15-10-106 is determined to apply, and subject to the
provisions of subsection (3) of this section, claims that are not presented in
accordance with subsections (1) and (2) of this section are barred even if addressing
the merits of the claim would not delay the settlement and distribution of the
estate.

Legislative History

Source: L. 73: R&RE, p. 1592, � 1. C.R.S. 1963: � 153-3-803. L. 75: (3)(c) added, p. 598, � 34, effective July 1. L. 79: (1)(a) amended, p. 650, � 10, effective July 1. L. 90: (1) R&RE, p. 905, � 3, effective July 1. L. 2006: IP(1)(a) and IP (2) amended and (4) and (5) added, p. 373, � 2, effective July 1.