§ 15-12-806 — Allowance of claims

Colorado § 15-12-806

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

Text

(1) The personal representative may mail a
notice to any claimant stating that the claim has been disallowed. If the personal
representative fails to mail notice to a claimant of action on his or her claim within
sixty-three days after the time for original presentation of the claim has expired,
the claim shall be deemed to be allowed. After any claim has been deemed to be
allowed or disallowed, the personal representative may change the status of the
allowance or disallowance of the claim by notice to the claimant; except that the
personal representative may not change a disallowance of a claim after the time for
the claimant to file a petition for allowance or to commence a proceeding on the
claim has run and the claim has been barred. Every claim that is disallowed in whole
or in part by the personal representative is barred so far as not allowed unless the
claimant files a petition for allowance in the court or commences a proceeding
against the personal representative not later than sixty-three days after the mailing
of the notice of disallowance or partial allowance if the notice warns the claimant
of the impending bar.

(2) Upon the petition of the personal representative or of a claimant in a
proceeding for the purpose, the court may allow in whole or in part any claim or
claims presented to the personal representative or filed with the clerk of the court
in due time and not barred by subsection (1) of this section. Notice in this
proceeding shall be given to the claimant, the personal representative, and those
other persons interested in the estate as the court may direct by order entered at
the time the proceeding is commenced.

(3) A judgment in a proceeding in another court against a personal
representative to enforce a claim against a decedent's estate is an allowance of the
claim.

(4) Unless otherwise provided in any judgment in another court entered
against the personal representative, allowed claims bear interest at the legal rate
for the period commencing sixty-three days after the time for original presentation
of the claim has expired unless based on a contract making a provision for interest,
in which case they bear interest in accordance with that provision.

Legislative History

Source: L. 73: R&RE, p. 1594, � 1. C.R.S. 1963: � 153-3-806. L. 79: (1) amended, p. 650, � 12, effective July 1. L. 2006: (1) amended, p. 376, � 4, effective July 1. L. 2012: (1) and (4) amended, (SB 12-175), ch. 208, p. 838, � 45, effective July 1.