Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0686.01 Conrad Imel x2313
SENATE BILL 22-092
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING CHANGES TO THE "COLORADO PROBATE CODE".101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/
.)
Colorado Commission on Uniform State Laws. The bill makes
changes to the "Colorado Probate Code" (code). Specifically, the bill
describes how property passes when a decedent dies without a will
(intestate) and the estate or any part of the estate does not pass to a
surviving spouse or designated beneficiary pursuant to existing law. In
that situation, the portion of the estate passing through intestate
succession is distributed as follows:
! If the decedent is survived by one or more descendants, the
SENATE SPONSORSHIP
Gardner,
HOUSE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. portion of the estate passes to the decedent's surviving
descendants per capita at each generation;
! If the decedent is not survived by a descendant but is
survived by one or more parents, the portion of the estate
is divided into as many equal shares as there are surviving
parents and deceased parents with one or more
descendants. One share passes to each surviving parent,
and the balance passes per capita at each generation to the
surviving descendants of the decedent's deceased parents.
! If the decedent is not survived by a descendant or parent
but is survived by one or more descendants of a parent, the
portion of the estate passes per capita at each generation to
the surviving descendants of the decedent's deceased
parents; or
! If a decedent is not survived by a descendant, parent, or
descendant of a parent but is survived by one or more
grandparents, the portion of the estate is divided into as
many equal shares as there are surviving grandparents and
deceased grandparents with one or more surviving
descendants. One share passes to each surviving
grandparent, and the balance passes per capita at each
generation to the surviving descendants of the decedent's
deceased grandparents.
The bill clarifies how the estate passes to surviving descendants of
a deceased parent or grandparent.
The bill replaces outdated terminology in the code with modern
language, including replacing gender-specific language.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 15-11-101, amend2
(2) as follows:3
15-11-101. Intestate estate. (2) A decedent by will may4
expressly exclude or limit the right of an individual or class to succeed to5
property of the decedent passing by intestate succession. If that individual6
or a member of that class survives the decedent, the share of the7
decedent's intestate estate to which that individual or class would have8
succeeded passes as if that individual or each member of that class had9
disclaimed his or her
THE intestate share.10
SB22-092-2- SECTION 2. In Colorado Revised Statutes, repeal and reenact,1
with amendments, 15-11-103 as follows:2
15-11-103. Share of heirs other than surviving spouse and3
designated beneficiary - definitions. (1) Definitions. I
N THIS SECTION:4
(a) "D
ECEASED PARENT", "DECEASED GRANDPARENT ", OR5
"
DECEASED SPOUSE" MEANS A PARENT, GRANDPARENT, OR SPOUSE WHO6
EITHER PREDECEASED THE DECEDENT OR IS DEEMED UNDER THIS ARTICLE7
11
TO HAVE PREDECEASED THE DECEDENT .8
(b) "S
URVIVING SPOUSE", "SURVIVING DESCENDANT", "SURVIVING9
PARENT", OR "SURVIVING GRANDPARENT" MEANS A SPOUSE, DESCENDANT,10
PARENT, OR GRANDPARENT WHO NEITHER PREDECEASED THE DECEDENT11
NOR IS DEEMED UNDER THIS ARTICLE 11 TO HAVE PREDECEASED THE12
DECEDENT.13
(2) Heirs other than surviving spouse and designated14
beneficiary. A
NY PART OF THE INTESTATE ESTATE NOT PASSING TO THE15
DECEDENT'S SURVIVING SPOUSE UNDER SECTION 15-11-102, OR TO THE16
DECEDENT'S SURVIVING DESIGNATED BENEFICIARY UNDER SECTION17
15-11-102.5,
OR THE ENTIRE ESTATE IF THERE IS NO SURVIVING SPOUSE18
AND NO SURVIVING DESIGNATED BENEFICIARY WITH THE RIGHT TO INHERIT19
REAL OR PERSONAL PROPERTY FROM THE DECEDENT THROUGH INTESTATE20
SUCCESSION, PASSES TO THE DECEDENT'S DESCENDANTS, PARENTS, OR21
OTHER HEIRS AS PROVIDED IN SUBSECTIONS (3) TO (9) OF THIS SECTION.22
(3) Surviving descendants. I
F A DECEDENT IS SURVIVED BY ONE23
OR MORE DESCENDANTS , ANY PART OF THE INTESTATE ESTATE NOT24
PASSING TO THE SURVIVING SPOUSE OR SURVIVING DESIGNATED25
BENEFICIARY PASSES PER CAPITA AT EACH GENERATION TO THE26
DECEDENT'S SURVIVING DESCENDANTS.27
SB22-092
-3- (4) Surviving parent. I F A DECEDENT IS NOT SURVIVED BY A1
DESCENDANT BUT IS SURVIVED BY ONE OR MORE PARENTS , ANY PART OF2
THE INTESTATE ESTATE NOT PASSING TO THE SURVIVING SPOUSE OR3
SURVIVING DESIGNATED BENEFICIARY IS DISTRIBUTED AS FOLLOWS :4
(a) T
HE INTESTATE ESTATE OR PART IS DIVIDED INTO AS MANY5
EQUAL SHARES AS THERE ARE:6
(I) S
URVIVING PARENTS; AND7
(II) D
ECEASED PARENTS WITH ONE OR MORE SURVIVING8
DESCENDANTS, IF ANY, AS DETERMINED UNDER SUBSECTION (5) OF THIS9
SECTION.10
(b) O
NE SHARE PASSES TO EACH SURVIVING PARENT .11
(c) T
HE BALANCE OF THE INTESTATE ESTATE OR PART , IF ANY,12
PASSES PER CAPITA AT EACH GENERATION TO THE SURVIVING13
DESCENDANTS OF THE DECEDENT 'S DECEASED PARENTS, AS DETERMINED14
UNDER SUBSECTION (5) OF THIS SECTION.15
(5) When parent survives - computation of shares of surviving16
descendants of deceased parent. T
HE FOLLOWING RULES APPLY UNDER17
SUBSECTION (4) OF THIS SECTION TO DETERMINE WHETHER A DECEASED18
PARENT OF THE DECEDENT IS TREATED AS HAVING A SURVIVING19
DESCENDANT:20
(a) I
F ALL THE SURVIVING DESCENDANTS OF ONE OR MORE21
DECEASED PARENTS ALSO ARE DESCENDANTS OF ONE OR MORE SURVIVING22
PARENTS AND NONE OF THOSE SURVIVING PARENTS HAS ANY OTHER23
SURVIVING DESCENDANT , THOSE DESCENDANTS ARE DEEMED TO HAVE24
PREDECEASED THE DECEDENT .25
(b) I
F TWO OR MORE DECEASED PARENTS HAVE THE SAME26
SURVIVING DESCENDANTS AND NONE OF THOSE DECEASED PARENTS HAS27
SB22-092
-4- ANY OTHER SURVIVING DESCENDANT , THOSE DECEASED PARENTS ARE1
DEEMED TO BE ONE DECEASED PARENT WITH SURVIVING DESCENDANTS .2
(6) Surviving descendant of deceased parent. I
F A DECEDENT IS3
NOT SURVIVED BY A DESCENDANT OR PARENT BUT IS SURVIVED BY ONE OR4
MORE DESCENDANTS OF A PARENT , THE INTESTATE ESTATE PASSES PER5
CAPITA AT EACH GENERATION TO THE SURVIVING DESCENDANTS OF THE6
DECEDENT'S DECEASED PARENTS.7
(7) Surviving grandparent. I
F A DECEDENT IS NOT SURVIVED BY8
A DESCENDANT, PARENT, OR DESCENDANT OF A PARENT BUT IS SURVIVED9
BY ONE OR MORE GRANDPARENTS , THE INTESTATE ESTATE IS DISTRIBUTED10
AS FOLLOWS:11
(a) T
HE INTESTATE ESTATE IS DIVIDED INTO AS MANY EQUAL12
SHARES AS THERE ARE:13
(I) S
URVIVING GRANDPARENTS ; AND14
(II) D
ECEASED GRANDPARENTS WITH ONE OR MORE SURVIVING15
DESCENDANTS, IF ANY, AS DETERMINED UNDER SUBSECTION (8) OF THIS16
SECTION.17
(b) O
NE SHARE PASSES TO EACH SURVIVING GRANDPARENT .18
(c) T
HE BALANCE OF THE INTESTATE ESTATE , IF ANY, PASSES PER19
CAPITA AT EACH GENERATION TO THE SURVIVING DESCENDANTS OF THE20
DECEDENT'S DECEASED GRANDPARENTS , AS DETERMINED UNDER21
SUBSECTION (8) OF THIS SECTION.22
(8) When grandparent survives - computation of shares of23
surviving descendants of deceased grandparent. T
HE FOLLOWING24
RULES APPLY UNDER SUBSECTION (7) OF THIS SECTION TO DETERMINE25
WHETHER A DECEASED GRANDPARENT OF THE DECEDENT IS TREATED AS26
HAVING A SURVIVING DESCENDANT :27
SB22-092
-5- (a) IF ALL THE SURVIVING DESCENDANTS OF ONE OR MORE1
DECEASED GRANDPARENTS ALSO ARE DESCENDANTS OF ONE OR MORE2
SURVIVING GRANDPARENTS AND NONE OF THOSE SURVIVING3
GRANDPARENTS HAS ANY OTHER SURVIVING DESCENDANT , THOSE4
DESCENDANTS ARE DEEMED TO HAVE PREDECEASED THE DECEDENT .5
(b) I
F TWO OR MORE DECEASED GRANDPARENTS HAVE THE SAME6
SURVIVING DESCENDANTS AND NONE OF THOSE DECEASED GR ANDPARENTS7
HAS ANY OTHER SURVIVING DESCE NDANT , THOSE DECEASED8
GRANDPARENTS ARE DEEMED TO BE ONE DECEASED GRANDPARENT WITH9
SURVIVING DESCENDANTS.10
(9) Surviving descendant of deceased grandparent. I
F A11
DECEDENT IS NOT SURVIVED BY A DESCENDANT , PARENT, DESCENDANT OF12
A PARENT, OR GRANDPARENT BUT IS SURVIVED BY ONE OR MORE13
DESCENDANTS OF A GRANDPARENT , THE INTESTATE ESTATE PASSES PER14
CAPITA AT EACH GENERATION TO THE SURVIVING DESCENDANTS OF THE15
DECEDENT'S DECEASED GRANDPARENTS .16
SECTION 3. In Colorado Revised Statutes, amend 15-11-106 as17
follows:18
15-11-106. Per capita at each generation. (1) Definitions. As
19
used In this section: unless the context otherwise requires:20
(a) "Deceased descendant", "deceased parent", or "deceased21
grandparent",
OR "DECEASED SPOUSE" means a descendant, parent, or
22
grandparent,
OR SPOUSE who either predeceased the decedent or is23
deemed
UNDER THIS SUBPART 1 to have predeceased the decedent. under
24
section 15-11-104.25
(b) "Surviving descendant" means a descendant who neither26
predeceased the decedent nor is deemed
UNDER THIS SUBPART 1 to have27
SB22-092
-6- predeceased the decedent. under section 15-11-104.1
(2) Decedent's descendants. If, under section 15-11-103 (2) (3),2
ALL OR PART OF a decedent's intestate estate or a part thereof passes "per3
capita at each generation" to the decedent's
SURVIVING descendants, the4
estate or part thereof
is divided into as many equal shares as there are (i)5
surviving descendants in the generation nearest to the decedent which6
contains one or more surviving descendants and (ii) deceased descendants7
in the same generation who left surviving descendants, if any. Each8
surviving descendant in the nearest generation is allocated one share. The9
remaining shares, if any, are combined and then divided in the same10
manner among the surviving descendants of the deceased descendants as11
if the surviving descendants who are WERE allocated a share and their12
surviving descendants had predeceased the decedent.13
(3) Descendants of parents or grandparents. If, under section14
15-11-103 (4) or (6), a decedent's intestate estate or a part thereof passes15
"per capita at each generation" to the descendants of the decedent's16
deceased parents or either of them, or to the descendants of the decedent's17
deceased grandparents or any of them, the estate or part thereof is divided18
into as many equal shares as there are (i) surviving descendants in the19
generation nearest to the deceased parents or either of them, or the20
deceased grandparents or any of them, that contains one or more21
surviving descendants and (ii) deceased descendants in the same22
generation who left surviving descendants, if any. Each surviving23
descendant in the nearest generation is allocated one share. The remaining24
shares, if any, are combined and then divided in the same manner among25
the surviving descendants of the deceased descendants as if the surviving26
descendants who were allocated a share and their surviving descendants27
SB22-092
-7- had predeceased the decedent Descendants of parent when parent1
survives. I
F A DECEDENT IS SURVIVED BY ONE OR MORE PARENTS AND ,2
UNDER SECTION 15-11-103 (4) AND (5), THE BALANCE OF THE DECEDENT'S3
INTESTATE ESTATE OR PART PASSES PER CAPITA AT EACH GENERATION TO4
THE SURVIVING DESCENDANTS OF ONE OR MORE OF THE DECEDENT 'S5
DECEASED PARENTS, THE BALANCE PASSES TO THOSE DESCENDANTS AS IF6
THEY WERE THE DECEDENT 'S SURVIVING DESCENDANTS UNDER7
SUBSECTION (2) OF THIS SECTION.8
(4) Descendants of parent when no parent survives. I
F A9
DECEDENT IS NOT SURVIVED BY A PARENT AND, UNDER SECTION 15-11-10310
(6),
THE DECEDENT'S INTESTATE ESTATE PASSES PER CAPITA AT EACH11
GENERATION TO THE SURVIVING DESCENDANTS OF ONE OR MORE OF THE12
DECEDENT'S DECEASED PARENTS, THE INTESTATE ESTATE PASSES TO13
THOSE DESCENDANTS AS IF THEY WERE THE DECEDENT 'S SURVIVING14
DESCENDANTS UNDER SUBSECTION (2) OF THIS SECTION.15
(5) Descendants of grandparent when grandparent survives.16
I
F A DECEDENT IS SURVIVED BY ONE OR MORE GRANDPARENTS AND ,17
UNDER SECTION 15-11-103 (7) AND (8), THE BALANCE OF THE DECEDENT'S18
INTESTATE ESTATE PASSES PER CAPITA AT EACH GENERATION TO THE19
SURVIVING DESCENDANTS OF ONE OR MORE OF THE DECEDENT 'S DECEASED20
GRANDPARENTS, THE BALANCE PASSES TO THOSE DESCENDANTS AS IF21
THEY WERE THE DECEDENT 'S SURVIVING DESCENDANTS UNDER22
SUBSECTION (2) OF THIS SECTION.23
(6) Descendants of grandparent when no grandparent24
survives. I
F A DECEDENT IS NOT SURVIVED BY A GRANDPARENT AND ,25
UNDER SECTION 15-11-103 (9), THE DECEDENT'S INTESTATE ESTATE26
PASSES PER CAPITA AT EACH GE NERATION TO THE SURVIVING27
SB22-092
-8- DESCENDANTS OF ONE OR MORE OF THE DECEDENT 'S DECEASED1
GRANDPARENTS, THE INTESTATE ESTATE PASSES TO THOSE DESCENDANTS2
AS IF THEY WERE THE DECEDENT 'S SURVIVING DESCENDANTS UNDER3
SUBSECTION (2) OF THIS SECTION.4
SECTION 4. In Colorado Revised Statutes, repeal and reenact,5
with amendments, 15-11-107 as follows:6
15-11-107. Inheritance without regard to number of common7
ancestors in same generation. A
N HEIR INHERITS WITHOUT REGARD TO8
HOW MANY COMMON ANCESTORS IN THE SAME GENERATION THE HEIR9
SHARES WITH THE DECEDENT.10
SECTION 5. In Colorado Revised Statutes, 15-11-109, amend11
(1) as follows:12
15-11-109. Advancements. (1) If an individual dies intestate as13
to all or a portion of his or her
THE estate, property the decedent gave14
during the decedent's lifetime to an individual who, at the decedent's15
death, is an heir is treated as an advancement against the heir's intestate16
share only if (i) the decedent declared in a contemporaneous writing or17
the heir acknowledged in writing that the gift is an advancement, or (ii)18
the decedent's contemporaneous writing or the heir's written19
acknowledgment otherwise indicates that the gift is to be taken into20
account in computing the division and distribution of the decedent's21
intestate estate.22
SECTION 6. In Colorado Revised Statutes, amend 15-11-113 as23
follows:24
15-11-113. Individual related to decedent through more than25
one line of relationship. An individual who is related to the decedent26
through two blood lines MORE THAN ONE LINE of relationship is entitled27
SB22-092
-9- to only a single share based upon the relationship which would entitle the1
individual to the larger LARGEST share. THE INDIVIDUAL AND THE2
INDIVIDUAL'S DESCENDANTS ARE DEEMED TO HAVE PREDECEASED THE3
DECEDENT WITH RESPECT TO A LINE OF RELATIONSHIP RESULTING IN A4
SMALLER SHARE.5
SECTION 7. In Colorado Revised Statutes, 15-11-114, amend6
(2) as follows:7
15-11-114. Parent barred from inheriting in certain8
circumstances. (2) For the purpose of intestate succession from or9
through the deceased child, a parent who is barred from inheriting under10
this section is treated as if the parent DEEMED TO HAVE predeceased the11
child.12
SECTION 8. In Colorado Revised Statutes, 15-11-201, amend13
(7) and (10)(c) as follows:14
15-11-201. Definitions. (7) "Presently exercisable general power15
of appointment" means a power of appointment under which, at the time16
in question, the decedent
HELD A POWER TO CREATE A PRESENT OR FUTURE17
INTEREST IN THE DECEDENT, THE DECEDENT'S CREDITORS, THE DECEDENT'S18
ESTATE, OR CREDITORS OF THE DECEDENT'S ESTATE, whether or not he or
19
she THE DECEDENT then had the capacity to exercise the power. held a20
power to create a present or future interest in himself or herself, his or her21
creditors, his or her estate, or the creditors of his or her estate, and THE22
TERM includes a power to revoke or invade the principal of a trust or other23
property arrangement.24
(10) "Transfer", as it relates to a transfer by or on behalf of the25
decedent, includes:26
(c) An exercise, release, or lapse of a presently exercisable general27
SB22-092
-10- power of appointment that the decedent created in himself or herself and1
RESERVED OR of a power described in section 15-11-205 (2)(b) that the2
decedent conferred on a nonadverse party.3
SECTION 9. In Colorado Revised Statutes, 15-11-302, amend4
(1), (2) introductory portion, (2)(b), (3), and (4) as follows:5
15-11-302. Omitted children. (1) Except as provided in6
subsection (2) of this section, if a testator fails to provide in his or her will7
for any of his or her children born or adopted BECOMES A PARENT TO A8
CHILD after the execution of the TESTATOR'S will AND FAILS TO PROVIDE9
IN THE WILL FOR THE CHILD, the omitted after-born or after-adopted child10
receives a share in the estate as follows:11
(a) If the testator had no child living when he or she THE12
TESTATOR executed the will, an THE omitted after-born or after-adopted13
child receives a share in the estate equal in value to that which the child14
would have received had the testator died intestate, unless the will15
devised all or substantially all
OF the estate to the other
ANOTHER parent16
of the omitted child and that other parent survives the testator and is17
entitled to take under the will.18
(b) If the testator has one or more children living when he or she19
THE TESTATOR executed the will, and the will devised property or an20
interest in property to one or more of the then living children, an THE21
omitted after-born or after-adopted child is entitled to share in the22
testator's estate as follows:23
(I) The portion of the testator's estate in which the omitted24
after-born or after-adopted child is entitled to share is limited to devises25
made to the testator's then living children under the will.26
(II) The omitted after-born or after-adopted child is entitled to27
SB22-092
-11- receive the share of the testator's estate, as limited in subparagraph (I) of1
this paragraph (b) SUBSECTION (1)(b)(I) OF THIS SECTION, that the child2
would have received had the testator included all omitted after-born and3
after-adopted children with the children to whom devises were made4
under the will and had given an equal share of the estate to each child.5
(III) To the extent feasible, the interest granted an THE omitted6
after-born or after-adopted child under this section shall MUST be of the7
same character, whether equitable or legal, present or future, as that8
devised to the testator's then living children under the will.9
(IV) In satisfying THE SATISFACTION OF a share provided by this10
paragraph (b) SUBSECTION (1)(b), devises to the testator's children who11
were living when the will was executed abate ratably. In abating the12
devises of the then living children, the court shall preserve to the13
maximum extent possible the character of the testamentary plan adopted14
by the testator.15
(2) Neither paragraph (a) nor (b) of subsection (1) of this section16
SUBSECTION (1)(a) OF THIS SECTION NOR SUBSECTION (1)(b) OF THIS17
SECTION applies if:18
(b) The testator provided for the omitted after-born or19
after-adopted child by transfer outside the will and the intent that the20
transfer be in lieu of a testamentary provision is shown by the testator's21
statements or is reasonably inferred from the amount of the transfer or22
other evidence.23
(3) If at the time of execution of the will the testator fails to24
provide in his or her THE will for a living child solely because he or she25
THE TESTATOR believes the child to be dead, the child is entitled to share26
in the estate as if the child were an omitted after-born or after-adopted27
SB22-092
-12- child.1
(4) In satisfying THE SATISFACTION OF a share provided by2
paragraph (a) of subsection (1) SUBSECTION (1)(a) of this section, devises3
made by the will abate under section 15-12-902.4
SECTION 10. In Colorado Revised Statutes, 15-11-802, amend5
(1) as follows:6
15-11-802. Effect of divorce, annulment, and decree of7
separation. (1) An individual who is divorced from the decedent or8
whose marriage to the decedent has been annulled is not a surviving9
spouse unless, by virtue of a subsequent marriage, he or she THE10
INDIVIDUAL is married to the decedent at the time of death. A decree of11
separation that does not terminate the status of husband and wife12
MARRIAGE is not a divorce for purposes of this section.13
SECTION 11. In Colorado Revised Statutes, 15-11-803, amend14
(1)(e), (2), and (6) as follows:15
15-11-803. Effect of homicide on intestate succession, wills,16
trusts, joint assets, life insurance, and beneficiary designations.17
(1) Definitions. As used in this section, unless the context otherwise18
requires:19
(e) "Revocable", with respect to a disposition, appointment,20
provision, or nomination, means one under which the decedent, at the21
time of or immediately before death, was alone empowered, by law or22
under the governing instrument, to cancel the designation in favor of the23
killer, whether or not the decedent was then empowered to designate24
himself or herself THE DECEDENT in place of his or her THE killer and25
WHETHER or NOT the decedent then had capacity to exercise the power.26
(2) Forfeiture of statutory benefits. An individual who27
SB22-092
-13- feloniously kills the decedent forfeits all benefits with respect to the1
decedent's estate, including an intestate share, an elective-share, an2
omitted spouse's or child's share, the decedent's homestead exemption3
under section 38-41-204, C.R.S., exempt property, and a family4
allowance. If the decedent died intestate, the decedent's intestate estate5
passes as if the killer disclaimed his or her THE intestate share.6
(6) Wrongful acquisition of property. A wrongful acquisition7
of property or interest by a killer not covered by this section shall MUST8
be treated in accordance with the principle that a killer cannot profit from9
his or her wrong THE KILLER'S WRONGDOING.10
SECTION 12. In Colorado Revised Statutes, 15-11-804, amend11
(1)(b), (1)(d), (1)(f), and (2)(a) as follows:12
15-11-804. Revocation of probate and nonprobate transfers by13
divorce - no revocation by other changes of circumstances.14
(1) Definitions. As used in this section, unless the context otherwise15
requires:16
(b) "Divorce or annulment" means any divorce or annulment, or17
any dissolution or declaration of invalidity of a marriage, that would18
exclude the spouse as a surviving spouse within the meaning of section19
15-11-802. A decree of separation that does not terminate the status of20
husband and wife MARRIAGE is not a divorce for purposes of this section.21
(d) "Governing instrument" refers to a governing instrument22
executed by the divorced individual before the divorce or annulment of23
his or her THE marriage to his or her THE DIVORCED INDIVIDUAL'S former24
spouse.25
(f) "Revocable", with respect to a disposition, appointment,26
provision, or nomination, means one under which the divorced individual,27
SB22-092
-14- at the time of the divorce or annulment, was alone empowered, by law or1
under the governing instrument, to cancel the designation in favor of his2
or her THE DIVORCED INDIVIDUAL'S former spouse or former spouse's3
relative, whether or not the divorced individual was then empowered to4
designate himself or herself THE DIVORCED INDIVIDUAL in place of his or5
her THE DIVORCED INDIVIDUAL'S former spouse or in place of his or her6
THE DIVORCED INDIVIDUAL'S former spouse's relative and whether or not7
the divorced individual then had the capacity to exercise the power.8
(2) Revocation upon divorce. Except as provided by the express9
terms of a governing instrument, a court order, or a contract relating to10
the division of the marital estate made between the divorced individuals11
before or after the marriage, divorce, or annulment, the divorce or12
annulment of a marriage:13
(a) Revokes any revocable (i) disposition or appointment of14
property made by a divorced individual to his or her THE DIVORCED15
INDIVIDUAL'S former spouse in a governing instrument and any16
disposition or appointment created by law or in a governing instrument17
to a relative of the divorced individual's former spouse, (ii) provision in18
a governing instrument conferring a general or nongeneral power of19
appointment on the divorced individual's former spouse or on a relative20
of the divorced individual's former spouse, and (iii) nomination in a21
governing instrument nominating a divorced individual's former spouse22
or a relative of the divorced individual's former spouse to serve in any23
fiduciary or representative capacity, including a personal representative,24
executor, trustee, conservator, agent, or guardian; and25
SECTION 13. In Colorado Revised Statutes, 15-12-703, amend26
(1), (2), and (4) as follows:27
SB22-092
-15- 15-12-703. General duties - relation and liability to persons1
interested in estate - duty to search for a designated beneficiary2
agreement - standing to sue. (1) A personal representative is a fiduciary3
who shall observe the standards of care applicable to trustees as described4
by part 8 of article 5 of this title 15. A personal representative has IS5
UNDER a duty to settle and distribute the estate of the decedent in6
accordance with the terms of any probated and effective will and this7
code, and as expeditiously and efficiently as is consistent with the best8
interests of the estate. A THE personal representative shall use the9
authority conferred upon him or her by this code, the terms of the will, if10
any, and any order in proceedings to which he or she THE PERSONAL11
REPRESENTATIVE is party for the best interests of successors to the estate.12
(2) A personal representative shall not be surcharged for acts of13
administration or distribution if the conduct in question was authorized14
at the time. Subject to other obligations of administration, an informally15
probated will is authority to administer and distribute the estate according16
to its terms. An order of appointment of a personal representative,17
whether issued in informal or formal proceedings, is authority to18
distribute apparently intestate assets to the heirs of the decedent if, at the19
time of distribution, the personal representative is not aware of a pending20
testacy proceeding, a proceeding to vacate an order entered in an earlier21
testacy proceeding, a formal proceeding questioning his THE PERSONAL22
REPRESENTATIVE'S appointment or fitness to continue, or a supervised23
administration proceeding. Nothing in this section affects THIS SECTION24
DOES NOT AFFECT the duty of the personal representative to administer25
and distribute the estate in accordance with the rights of claimants
WHOSE26
CLAIMS HAVE BEEN ALLOWED , the surviving spouse, any minor and27
SB22-092
-16- dependent children, and any pretermitted OMITTED child of the decedent1
AS DESCRIBED ELSEWHERE IN THIS CODE .2
(4) Except as to proceedings which do not survive the death of the3
decedent, a personal representative of a decedent domiciled in this state4
at his death has the same standing to sue and be sued in the courts of this5
state and the courts of any other jurisdiction as his THE decedent had6
immediately prior to death.7
SECTION 14. Act subject to petition - effective date. This act8
takes effect at 12:01 a.m. on the day following the expiration of the9
ninety-day period after final adjournment of the general assembly; except10
that, if a referendum petition is filed pursuant to section 1 (3) of article V11
of the state constitution against this act or an item, section, or part of this12
act within such period, then the act, item, section, or part will not take13
effect unless approved by the people at the general election to be held in14
November 2022 and, in such case, will take effect on the date of the15
official declaration of the vote thereon by the governor.16
SB22-092
-17-