§ 15-12-906 — Distribution in kind - valuation - method

(1) A specific devisee is
entitled to distribution of the thing devised to him.

(2) (a) Any exempt property or family allowance or devise payable in money
may be satisfied by value in kind, if:

(I) The person entitled to the payment has requested distribution in kind;

(II) The property distributed in kind is valued at fair market value as of the
date of its distribution; and

(III) No residuary devisee has requested that the asset in question remain a
part of the residue of the estate.

(b) For the purpose of valuation under paragraph (a) of this subsection (2),
securities regularly traded on recognized exchanges, if distributed in kind, are
valued at the price for the last sale of like securities traded on the business day
prior to distribution, or if there was no sale on that day, at the median between
amounts bid and offered at the close of that day. Assets consisting of sums owed
the decedent or the estate by solvent debtors as to which there is no known dispute
or defense are valued at the sum due with accrued interest or discounted to the
date of distribution. For assets which do not have readily ascertainable values, a
valuation as of a date not more than thirty days prior to the date of distribution, if
otherwise reasonable, controls. For purposes of facilitating distribution, the
personal representative may ascertain the value of the assets as of the time of the
proposed distribution in any reasonable way, including the employment of qualified
appraisers, even if the assets may have been previously appraised.

(c) The residuary estate may be distributed in cash or in kind, without
requiring a pro rata distribution of specific assets, if there is no objection to the
proposed distribution. In other cases, residuary property may be converted into
cash for distribution, subject to all applicable fiduciary duties, or may be distributed
in cash or in kind, without requiring a pro rata distribution of specific assets,
pursuant to a court order.

(3) After the probable charges against the estate are known, the personal
representative may mail or deliver a proposal for distribution to all persons who
have a right to object to the proposed distribution. The right of any distributee to
object to the proposed distribution on the basis of the kind or value of asset he is to
receive, if not waived earlier in writing, terminates if he fails to object in writing
received by the personal representative within thirty days after mailing or delivery
of the proposal.

(4) If, in any instrument which provides for a devise or transfer intended to
qualify for a federal estate tax marital deduction, the personal representative or
trustee is required, or expressly authorized, by the terms of the instrument, to
satisfy such devise or transfer by a distribution of property in kind at values as
finally determined for federal estate tax purposes or at values which are the same
as the federal income tax bases of such property to the estate or trust, then, unless
the instrument expressly requires that such devise or transfer be satisfied with
property having an aggregate fair market value at the date, or dates, of distribution
amounting to no less than the amount of such devise or transfer as finally
determined for federal estate tax purposes, the distributee of such devise or
transfer shall be entitled to a distribution of property which will have an aggregate
fair market value fairly representative of the distributee's proportionate share of
the appreciation or depreciation in the value to the date, or dates, of distribution of
all property then available for distribution, and the personal representative or
trustee shall satisfy such devise or transfer accordingly.

Legislative History

Source: L. 73: R&RE, p. 1598, � 1. C.R.S. 1963: � 153-3-906. L. 81: (2)(c) amended, p. 914, � 8, effective July 1.