§ 15-12-808 — Individual liability of personal representative

Colorado § 15-12-808

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

Text

(1) Unless
otherwise provided in the contract, a personal representative is not individually
liable on a contract properly entered into in his fiduciary capacity in the course of
administration of the estate unless he fails to reveal his representative capacity and
identify the estate in the contract.

(2) A personal representative is individually liable for obligations arising from
ownership or control of the estate or for torts committed in the course of
administration of the estate only if he is personally at fault.

(3) Claims based on contracts entered into by a personal representative in
his fiduciary capacity on obligations arising from ownership or control of the estate
or on torts committed in the course of estate administration may be asserted
against the estate by proceeding against the personal representative in his
fiduciary capacity, whether or not the personal representative is individually liable
therefor.

(4) Issues of liability as between the estate and the personal representative
individually may be determined:

(a) In a proceeding pursuant to section 15-10-504;

(b) In a proceeding for accounting, surcharge, indemnification, sanctions, or
removal; or

(c) In other appropriate proceedings.

(5) A personal representative is not individually liable for making
distributions that do not take into consideration the possible birth of a
posthumously conceived child if the personal representative made the distribution
prior to:

(a) Receiving notice or acquiring actual knowledge of the existence of an
intention to use an individual's genetic material to create a child; and

(b) The birth of the child could affect the distribution of the decedent's
estate.

(6) If a personal representative has reviewed the records of the county clerk
and recorder in every county in Colorado in which the personal representative has
actual knowledge that the decedent was domiciled at any time during the three
years prior to the decedent's death and the personal representative does not have
actual notice or actual knowledge of the existence of a valid, unrevoked designated
beneficiary agreement in which the decedent granted the right of intestate
succession, the personal representative shall not be individually liable for
distributions made to devisees or heirs at law that do not take into consideration the
designated beneficiary agreement.

Legislative History

Source: L. 73: R&RE, p. 1595, � 1. C.R.S. 1963: � 153-3-808. L. 2008: (4) amended, p. 484, � 8, effective July 1. L. 2010: (5) added, (SB 10-199), ch. 374, p. 1752, � 16, effective July 1. L. 2011: IP(5) and (5)(a) amended, (SB 11-083), ch. 101, p. 304, � 8, effective August 10. L. 2012: (6) added, (SB 12-131), ch. 114, p. 393, � 2, effective April 13.