Colorado § 38-36-177 When certificate will issue to heir or devisee

Colorado Statutes

§ 38-36-177 — When certificate will issue to heir or devisee

Colorado § 38-36-177

Title 38Property -

Art.Torrens Title Registration Act

This text of Colorado § 38-36-177 (When certificate will issue to heir or devisee) 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. § 38-36-177 (2026).

Text

The heirs at law
and devisees, upon the death of an owner of lands, and any estate or interest
therein, registered pursuant to this article, on the expiration of thirty days after the
entry of a decree of the district or probate court granting letters testamentary or of
administration, or in case of an appeal from such decree, at any time after the entry
of a final decree, may file a certified copy of the final decree of the district or
probate court and of the will, if any, with the clerk of the district court in the county
in which the land lies, and make application to the court for an order for the entry of
a new certificate of title. The court shall issue notice to the executor or
administrator and all other persons in interest, and may also give notice by
publication in suc

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The heirs at law
and devisees, upon the death of an owner of lands, and any estate or interest
therein, registered pursuant to this article, on the expiration of thirty days after the
entry of a decree of the district or probate court granting letters testamentary or of
administration, or in case of an appeal from such decree, at any time after the entry
of a final decree, may file a certified copy of the final decree of the district or
probate court and of the will, if any, with the clerk of the district court in the county
in which the land lies, and make application to the court for an order for the entry of
a new certificate of title. The court shall issue notice to the executor or
administrator and all other persons in interest, and may also give notice by
publication in such newspaper as it may deem proper, to all whom it may concern
and, after hearing, may direct the entry of a new certificate to the person who
appears to be entitled thereto as heir or devisee. Any new certificate so entered
before the final settlement of the estate of the deceased owner in the district or
probate court shall state expressly that it is entered by transfer from the last
certificate by descent or devise, and that the estate is in process of settlement.
After the final settlement of the estate in the district or probate court, or after the
expiration of the time allowed by law for bringing an action against an executor or
administrator by creditors of the deceased, the heirs at law or devisees may petition
the court for an order to cancel the memorial upon their certificates stating that the
estate is in course of settlement, and the court, after such notice as it may order
and hearing, may grant the petition. The liability of registered land to be sold for
claims against the estate of the deceased shall not in any way be diminished or
changed.