Colorado § 15-12-805 Classification of claims

Colorado Statutes

§ 15-12-805 — Classification of claims

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

(1)The personal representative shall pay allowed claims against the estate of a decedent in the following order:

(a)Property held by or in the possession of the deceased person as fiduciary or trustee of a trust, which shall include a resulting trust, as long as the reasonable expenses of administering such property and of investigating and determining such claim, as provided by section 15-10-602, but subject to section 15-10-605, shall be paid from such property as determined by the court;

(b)Other costs and expenses of administration;

(c)Reasonable funeral and final disposition expenses;

(d)Debts and taxes with preference under federal law;

(e)Reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons att

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(1) The personal representative shall
pay allowed claims against the estate of a decedent in the following order:

(a) Property held by or in the possession of the deceased person as fiduciary
or trustee of a trust, which shall include a resulting trust, as long as the reasonable
expenses of administering such property and of investigating and determining such
claim, as provided by section 15-10-602, but subject to section 15-10-605, shall be
paid from such property as determined by the court;

(b) Other costs and expenses of administration;

(c) Reasonable funeral and final disposition expenses;

(d) Debts and taxes with preference under federal law;

(e) Reasonable and necessary medical and hospital expenses of the last
illness of the decedent, including compensation of persons attending him or her;

(f) Debts and taxes with preference under other laws of this state;

(f.5) The claim of the department of health care policy and financing for the
net amount of medical assistance, as defined in section 25.5-4-302 (5), C.R.S., paid
to or for the decedent;

(f.7) The claim of a county department of human or social services, the state
department of human services, or the department of early childhood for the excess
public assistance, including child care assistance, paid or provided for which the
recipient was ineligible;

(g) Any child support obligations of the decedent that were due and unpaid
at death in accordance with a valid court order or agreement of record in which the
decedent was a party, and any future child support obligations of the decedent as
determined by the court;

(h) All other claims.

(2) No preference shall be given in the payment of any claim over any other
claim of the same class, and a claim due and payable shall not be entitled to a
preference over claims not due.

Colorado § 15-12-805 (Classification of claims) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 73: R&RE, p. 1593, � 1. C.R.S. 1963: � 153-3-805. L. 79: (1)(a) amended, p. 650, � 11, effective July 1. L. 91, 2nd Ex. Sess.: (1)(f.5) added, p. 91, � 7, effective October 16. L. 94: (1)(f.5) amended, p. 2647, � 113, effective July 1. L. 96: (1)(f.5) amended, p. 824, � 8, effective May 23. L. 2002: (1) amended, p. 653, � 9, effective July 1. L. 2006: (1)(f.5) amended, p. 2002, � 49, effective July 1; (1)(f.7) added, p. 948, � 5, effective August 7. L. 2011: (1)(a) amended, (SB 11-083), ch. 101, p. 304, � 7, effective August 10. L. 2013: (1)(g) amended and (1)(h) added, (SB 13-077), ch. 190, p. 770, � 5, effective August 7. L. 2014: IP(1) and (1)(g) amended, (HB 14-1322), ch. 296, p. 1234, � 5, effective August 6. L. 2018: (1)(f.7) amended, (SB 18-092), ch. 38, p. 404, � 19, effective August 8. L. 2021: (1)(c) amended, (SB 21-006), ch. 123, p. 493, � 15, effective September 7. L. 2022: (1)(f.7) amended, (HB 22-1295), ch. 123, p. 829, � 32, effective July 1.