§ 15-12-901 — Successors' rights if no administration

(1) (a) As used in this
subsection (1), will probated in this state means a will that is declared to be valid
by an order of informal probate by the registrar, or an adjudication of probate by the
court.

(b) Except as otherwise provided in paragraph (c) of this subsection (1) and in
part 13 of this article:

(I) In the absence of administration, the heirs and devisees are entitled to the
estate in accordance with the terms of a will probated in this state or the laws of
intestate succession.

(II) Devisees may establish title by the will probated in this state to devised
property.

(c) A duly executed and unrevoked will that is not a will probated in this
state may be admitted as evidence of a devise if:

(I) A court proceeding concerning the succession or administration of the
estate has not occurred; and

(II) Either the devisee or his or her successors and assigns possessed the
property devised in accordance with the provisions of the will, or the property
devised was not possessed or claimed by anyone by virtue of the decedent's title
during the time period for testacy proceedings.

(2) Persons entitled to property by exemption or intestacy may establish title
thereto by proof of the decedent's ownership, his or her death, and their
relationship to the decedent.

(3) Successors take subject to all charges incident to administration,
including the claims of creditors and allowances of surviving spouse and dependent
children, and subject to the rights of others resulting from abatement, retainer,
advancement, and ademption.

Legislative History

Source: L. 73: R&RE, p. 1597, � 1. C.R.S. 1963: � 153-3-901. L. 2011: Entire section amended, (SB 11-083), ch. 101, p. 304, � 9, effective August 10.