Colorado § 15-19-105 Reliance - declarations

Colorado Statutes

§ 15-19-105 — Reliance - declarations

Colorado § 15-19-105

Title 15Probate,

Art.Treatment of Human Bodies After Death

This text of Colorado § 15-19-105 (Reliance - declarations) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 15-19-105 (2026).

Text

(1)(a) A third party who provides for the lawful disposition of a declarant's remains in reliance on a declaration that appears to be legally executed shall not be subject to civil liability or administrative discipline for such reliance.

(b)(I) A third party, when presented with a declaration, may presume in the absence of actual knowledge to the contrary:

(A)That the declaration was validly executed;

(B)That the declarant was competent when the instrument was executed; and

(C)That the declaration has not been revoked.

(II)A third party who provides for the lawful disposition of a declarant's remains in reliance on a declaration shall not be civilly or criminally liable for the proper application of property delivered or surrendered to comply with the declarant's instru

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(1) (a) A third party who provides for the
lawful disposition of a declarant's remains in reliance on a declaration that appears
to be legally executed shall not be subject to civil liability or administrative
discipline for such reliance.

(b) (I) A third party, when presented with a declaration, may presume in the
absence of actual knowledge to the contrary:

(A) That the declaration was validly executed;

(B) That the declarant was competent when the instrument was executed;
and

(C) That the declaration has not been revoked.

(II) A third party who provides for the lawful disposition of a declarant's
remains in reliance on a declaration shall not be civilly or criminally liable for the
proper application of property delivered or surrendered to comply with the
declarant's instructions in the declaration.

(2) A declaration shall be binding on all persons with an interest in the
disposition of the declarant's remains. Section 15-19-106 (1) shall not vest a right to
control disposition or ceremonial arrangements that conflict with those made by a
declaration. If the declaration conflicts with the directions of any other person, the
declaration shall control, and a third party shall provide for the lawful disposition
according to the declaration so long as:

(a) No challenge to the validity of the declaration exists under subsection (3)
of this section; and

(b) The deceased provided the resources necessary to carry out the
disposition.

(3) A challenge to the validity of the declaration or the competency of the
declarant when the declaration was executed shall be resolved by the probate
court. A third party who knows a declaration has been challenged shall not be liable
for refusing to accept, inter, cremate, or otherwise dispose of a declarant's remains
until the third party receives a court order or other reasonable confirmation that the
challenge has been resolved or settled.