SENATE BILL 22-092
BY SENATOR(S) Gardner, Cooke, Gonzales, Lee, Moreno, Priola,
Smallwood;
also REPRESENTATIVE(S) Soper, Bird, Lynch.
C
ONCERNING CHANGES TO THE "COLORADO PROBATE CODE".
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 15-11-101, amend (2)
as follows:
15-11-101. Intestate estate. (2) A decedent by will may expressly
exclude or limit the right of an individual or class to succeed to property of
the decedent passing by intestate succession. If that individual or a member
of that class survives the decedent, the share of the decedent's intestate
estate to which that individual or class would have succeeded passes as if
that individual or each member of that class had disclaimed his or her THE
intestate share.
SECTION 2. In Colorado Revised Statutes, repeal and reenact,
with amendments, 15-11-103 as follows:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. 15-11-103. Share of heirs other than surviving spouse and
designated beneficiary - definitions. (1) Definitions. I
N THIS SECTION:
(a) "D
ECEASED PARENT", "DECEASED GRANDPARENT ", OR
"DECEASED SPOUSE" MEANS A PARENT, GRANDPARENT, OR SPOUSE WHO
EITHER PREDECEASED THE DECEDENT OR IS DEEMED UNDER THIS ARTICLE
11
TO HAVE PREDECEASED THE DECEDENT .
(b) "S
URVIVING SPOUSE", "SURVIVING DESCENDANT", "SURVIVING
PARENT
", OR "SURVIVING GRANDPARENT " MEANS A SPOUSE, DESCENDANT,
PARENT, OR GRANDPARENT WHO NEITHER PREDECEASED THE DECEDENT NOR
IS DEEMED UNDER THIS ARTICLE
11 TO HAVE PREDECEASED THE DECEDENT .
(2) Heirs other than surviving spouse and designated
beneficiary. A
NY PART OF THE INTESTATE ESTATE NOT PASSING TO THE
DECEDENT
'S SURVIVING SPOUSE UNDER SECTION 15-11-102, OR TO THE
DECEDENT
'S SURVIVING DESIGNATED BENEFICIARY UNDER SECTION
15-11-102.5, OR THE ENTIRE ESTATE IF THERE IS NO SURVIVING SPOUSE AND
NO SURVIVING DESIGNATED BENEFICIARY WITH THE RIGHT TO INHERIT REAL
OR PERSONAL PROPERTY FROM THE DECEDENT THROUGH INTESTATE
SUCCESSION
, PASSES TO THE DECEDENT 'S DESCENDANTS, PARENTS, OR
OTHER HEIRS AS PROVIDED IN SUBSECTIONS
(3) TO (9) OF THIS SECTION.
(3) Surviving descendants. I
F A DECEDENT IS SURVIVED BY ONE OR
MORE DESCENDANTS
, ANY PART OF THE INTESTATE ESTATE NOT PASSING TO
THE SURVIVING SPOUSE OR SURVIVING DESIGNATED BENEFICIARY PASSES PER
CAPITA AT EACH GENERATION TO THE DECEDENT
'S SURVIVING
DESCENDANTS
.
(4) Surviving parent. I
F A DECEDENT IS NOT SURVIVED BY A
DESCENDANT BUT IS SURVIVED BY ONE OR MORE PARENTS
, ANY PART OF THE
INTESTATE ESTATE NOT PASSING TO THE SURVIVING SPOUSE OR SURVIVING
DESIGNATED BENEFICIARY IS DISTRIBUTED AS FOLLOWS
:
(a) T
HE INTESTATE ESTATE OR PART IS DIVIDED INTO AS MANY EQUAL
SHARES AS THERE ARE
:
(I) S
URVIVING PARENTS; AND
(II) DECEASED PARENTS WITH ONE OR MORE SURVIVING
PAGE 2-SENATE BILL 22-092 DESCENDANTS, IF ANY, AS DETERMINED UNDER SUBSECTION (5) OF THIS
SECTION
.
(b) O
NE SHARE PASSES TO EACH SURVIVING PARENT .
(c) T
HE BALANCE OF THE INTESTATE ESTATE OR PART, IF ANY, PASSES
PER CAPITA AT EACH GENERATION TO THE SURVIVING DESCENDANTS OF THE
DECEDENT
'S DECEASED PARENTS, AS DETERMINED UNDER SUBSECTION (5) OF
THIS SECTION
.
(5) When parent survives - computation of shares of surviving
descendants of deceased parent. T
HE FOLLOWING RULES APPLY UNDER
SUBSECTION
(4) OF THIS SECTION TO DETERMINE WHETHER A DECEASED
PARENT OF THE DECEDENT IS TREATED AS HAVING A SURVIVING
DESCENDANT
:
(a) I
F ALL THE SURVIVING DESCENDANTS OF ONE OR MORE DECEASED
PARENTS ALSO ARE DESCENDANTS OF ONE OR MORE SURVIVING PARENTS
AND NONE OF THOSE SURVIVING PARENTS HAS ANY OTHER SURVIVING
DESCENDANT
, THOSE DESCENDANTS ARE DEEMED TO HAVE PREDECEASED
THE DECEDENT
.
(b) I
F TWO OR MORE DECEASED PARENTS HAVE THE SAME SURVIVING
DESCENDANTS AND NONE OF THOSE DECEASED PARENTS HAS ANY OTHER
SURVIVING DESCENDANT
, THOSE DECEASED PARENTS ARE DEEMED TO BE
ONE DECEASED PARENT WITH SURVIVING DESCENDANTS
.
(6) Surviving descendant of deceased parent. I
F A DECEDENT IS
NOT SURVIVED BY A DESCENDANT OR PARENT BUT IS SURVIVED BY ONE OR
MORE DESCENDANTS OF A PARENT
, THE INTESTATE ESTATE PASSES PER
CAPITA AT EACH GENERATION TO THE SURVIVING DESCENDANTS OF THE
DECEDENT
'S DECEASED PARENTS.
(7) Surviving grandparent. I
F A DECEDENT IS NOT SURVIVED BY A
DESCENDANT
, PARENT, OR DESCENDANT OF A PARENT BUT IS SURVIVED BY
ONE OR MORE GRANDPARENTS
, THE INTESTATE ESTATE IS DISTRIBUTED AS
FOLLOWS
:
(a) T
HE INTESTATE ESTATE IS DIVIDED INTO AS MANY EQUAL SHARES
AS THERE ARE
:
PAGE 3-SENATE BILL 22-092 (I) SURVIVING GRANDPARENTS ; AND
(II) DECEASED GRANDPARENTS WITH ONE OR MORE SURVIVING
DESCENDANTS
, IF ANY, AS DETERMINED UNDER SUBSECTION (8) OF THIS
SECTION
.
(b) O
NE SHARE PASSES TO EACH SURVIVING GRANDPARENT .
(c) T
HE BALANCE OF THE INTESTATE ESTATE , IF ANY, PASSES PER
CAPITA AT EACH GENERATION TO THE SURVIVING DESCENDANTS OF THE
DECEDENT
'S DECEASED GRANDPARENTS , AS DETERMINED UNDER
SUBSECTION
(8) OF THIS SECTION.
(8) When grandparent survives - computation of shares of
surviving descendants of deceased grandparent. T
HE FOLLOWING RULES
APPLY UNDER SUBSECTION
(7) OF THIS SECTION TO DETERMINE WHETHER A
DECEASED GRANDPARENT OF THE DECEDENT IS TREATED AS HAVING A
SURVIVING DESCENDANT
:
(a) I
F ALL THE SURVIVING DESCENDANTS OF ONE OR MORE DECEASED
GRANDPARENTS ALSO ARE DESCENDANTS OF ONE OR MORE SURVIVING
GRANDPARENTS AND NONE OF THOSE SURVIVING GRANDPARENTS HAS ANY
OTHER SURVIVING DESCENDANT
, THOSE DESCENDANTS ARE DEEMED TO
HAVE PREDECEASED THE DECEDENT
.
(b) I
F TWO OR MORE DECEASED GRANDPARENTS HAVE THE SAME
SURVIVING DESCENDANTS AND NONE OF THOSE DECEASED GRANDPARENTS
HAS ANY OTHER SURVIVING DESCENDANT
, THOSE DECEASED GRANDPARENTS
ARE DEEMED TO BE ONE DECEASED GRANDPARENT WITH SURVIVING
DESCENDANTS
.
(9) Surviving descendant of deceased grandparent. I
F A
DECEDENT IS NOT SURVIVED BY A DESCENDANT
, PARENT, DESCENDANT OF
A PARENT
, OR GRANDPARENT BUT IS SURVIVED BY ONE OR MORE
DESCENDANTS OF A GRANDPARENT
, THE INTESTATE ESTATE PASSES PER
CAPITA AT EACH GENERATION TO THE SURVIVING DESCENDANTS OF THE
DECEDENT
'S DECEASED GRANDPARENTS .
SECTION 3. In Colorado Revised Statutes, amend 15-11-106 as
follows:
PAGE 4-SENATE BILL 22-092 15-11-106. Per capita at each generation. (1) Definitions. As
used In this section: unless the context otherwise requires:
(a) "Deceased descendant", "deceased parent", or "deceased
grandparent",
OR "DECEASED SPOUSE" means a descendant, parent, orgrandparent, OR SPOUSE who either predeceased the decedent or is deemed
UNDER THIS SUBPART 1 to have predeceased the decedent. under section
15-11-104.
(b) "Surviving descendant" means a descendant who neither
predeceased the decedent nor is deemed
UNDER THIS SUBPART 1 to have
predeceased the decedent. under section 15-11-104.
(2) Decedent's descendants. If, under section 15-11-103 (2) (3),
ALL OR PART OF a decedent's intestate estate or a part thereof passes "per
capita at each generation" to the decedent's
SURVIVING descendants, the
estate or part thereof
is divided into as many equal shares as there are (i)
surviving descendants in the generation nearest to the decedent which
contains one or more surviving descendants and (ii) deceased descendants
in the same generation who left surviving descendants, if any. Each
surviving descendant in the nearest generation is allocated one share. The
remaining shares, if any, are combined and then divided in the same manner
among the surviving descendants of the deceased descendants as if the
surviving descendants who are
WERE allocated a share and their surviving
descendants had predeceased the decedent.
(3) Descendants of parents or grandparents. If, under section
15-11-103 (4) or (6), a decedent's intestate estate or a part thereof passes
"per capita at each generation" to the descendants of the decedent's
deceased parents or either of them, or to the descendants of the decedent's
deceased grandparents or any of them, the estate or part thereof is divided
into as many equal shares as there are (i) surviving descendants in the
generation nearest to the deceased parents or either of them, or the deceased
grandparents or any of them, that contains one or more surviving
descendants and (ii) deceased descendants in the same generation who left
surviving descendants, if any. Each surviving descendant in the nearest
generation is allocated one share. The remaining shares, if any, are
combined and then divided in the same manner among the surviving
descendants of the deceased descendants as if the surviving descendants
who were allocated a share and their surviving descendants had predeceased
PAGE 5-SENATE BILL 22-092 the decedent Descendants of parent when parent survives. I F A
DECEDENT IS SURVIVED BY ONE OR MORE PARENTS AND
, UNDER SECTION
15-11-103 (4) AND (5), THE BALANCE OF THE DECEDENT'S INTESTATE ESTATE
OR PART PASSES PER CAPITA AT EA CH GENERATION TO THE SURVIVING
DESCENDANTS OF ONE OR MORE OF THE DECEDENT
'S DECEASED PARENTS,
THE BALANCE PASSES TO THOSE DESCENDANTS AS IF THEY WERE THE
DECEDENT
'S SURVIVING DESCENDANTS UNDER SUBSECTION (2) OF THIS
SECTION
.
(4) Descendants of parent when no parent survives. I
F A
DECEDENT IS NOT SURVIVED BY A PARENT AND
, UNDER SECTION 15-11-103
(6),
THE DECEDENT'S INTESTATE ESTATE PASSES PER CAPITA AT EACH
GENERATION TO THE SURVIVING DESCENDANTS OF ONE OR MORE OF THE
DECEDENT
'S DECEASED PARENTS, THE INTESTATE ESTATE PASSES TO THOSE
DESCENDANTS AS IF THEY WERE THE DECEDENT
'S SURVIVING DESCENDANTS
UNDER SUBSECTION
(2) OF THIS SECTION.
(5) Descendants of grandparent when grandparent survives. I
F
A DECEDENT IS SURVIVED BY ONE OR MORE GRANDPARENTS AND
, UNDER
SECTION
15-11-103 (7) AND (8), THE BALANCE OF THE DECEDENT 'S
INTESTATE ESTATE PASSES PER CAPITA AT EACH GENERATION TO THE
SURVIVING DESCENDANTS OF ONE OR MORE OF THE DECEDENT
'S DECEASED
GRANDPARENTS
, THE BALANCE PASSES TO THOSE DESCENDANTS AS IF THEY
WERE THE DECEDENT
'S SURVIVING DESCENDANTS UNDER SUBSECTION (2) OF
THIS SECTION
.
(6) Descendants of grandparent when no grandparent survives.
I
F A DECEDENT IS NOT SURVIVED BY A GRANDPARENT AND , UNDER SECTION
15-11-103 (9), THE DECEDENT'S INTESTATE ESTATE PASSES PER CAPITA AT
EACH GENERATION TO THE SURVIVING DESCENDANTS OF ONE OR MORE OF
THE DECEDENT
'S DECEASED GRANDPARENTS , THE INTESTATE ESTATE PASSES
TO THOSE DESCENDANTS AS IF THEY WERE THE DECEDENT
'S SURVIVING
DESCENDANTS UNDER SUBSECTION
(2) OF THIS SECTION.
SECTION 4. In Colorado Revised Statutes, repeal and reenact,
with amendments, 15-11-107 as follows:
15-11-107. Inheritance without regard to number of common
ancestors in same generation. A
N HEIR INHERITS WITHOUT REGARD TO
HOW MANY COMMON ANCESTORS IN THE SAME GENERATION THE HEIR
PAGE 6-SENATE BILL 22-092 SHARES WITH THE DECEDENT.
SECTION 5. In Colorado Revised Statutes, 15-11-109, amend (1)
as follows:
15-11-109. Advancements. (1) If an individual dies intestate as to
all or a portion of his or her THE estate, property the decedent gave during
the decedent's lifetime to an individual who, at the decedent's death, is an
heir is treated as an advancement against the heir's intestate share only if (i)
the decedent declared in a contemporaneous writing or the heir
acknowledged in writing that the gift is an advancement, or (ii) the
decedent's contemporaneous writing or the heir's written acknowledgment
otherwise indicates that the gift is to be taken into account in computing the
division and distribution of the decedent's intestate estate.
SECTION 6. In Colorado Revised Statutes, amend 15-11-113 as
follows:
15-11-113. Individual related to decedent through more than
one line of relationship. An individual who is related to the decedent
through two blood lines
MORE THAN ONE LINE of relationship is entitled to
only a single share based upon the relationship which would entitle the
individual to the larger LARGEST share. THE INDIVIDUAL AND THE
INDIVIDUAL
'S DESCENDANTS ARE DEEMED TO HAVE PREDECEASED THE
DECEDENT WITH RESPECT TO A LINE OF RELATIONSHIP RESULTING IN A
SMALLER SHARE
.
SECTION 7. In Colorado Revised Statutes, 15-11-114, amend (2)
as follows:
15-11-114. Parent barred from inheriting in certain
circumstances. (2) For the purpose of intestate succession from or through
the deceased child, a parent who is barred from inheriting under this section
is treated as if the parent
DEEMED TO HAVE predeceased the child.
SECTION 8. In Colorado Revised Statutes, 15-11-201, amend (7)
and (10)(c) as follows:
15-11-201. Definitions. (7) "Presently exercisable general power
of appointment" means a power of appointment under which, at the time in
PAGE 7-SENATE BILL 22-092 question, the decedent HELD A POWER TO CREATE A PRESENT OR FUTURE
INTEREST IN THE DECEDENT
, THE DECEDENT'S CREDITORS, THE DECEDENT'S
ESTATE
, OR CREDITORS OF THE DECEDENT'S ESTATE, whether or not he or she
THE DECEDENT then had the capacity to exercise the power. held a power to
create a present or future interest in himself or herself, his or her creditors,
his or her estate, or the creditors of his or her estate, and THE TERM includes
a power to revoke or invade the principal of a trust or other property
arrangement.
(10) "Transfer", as it relates to a transfer by or on behalf of the
decedent, includes:
(c) An exercise, release, or lapse of a presently exercisable general
power of appointment that the decedent created in himself or herself and
RESERVED OR of a power described in section 15-11-205 (2)(b) that the
decedent conferred on a nonadverse party.
SECTION 9. In Colorado Revised Statutes, 15-11-302, amend (1),
(2) introductory portion, (2)(b), (3), and (4) as follows:
15-11-302. Omitted children. (1) Except as provided in subsection
(2) of this section, if a testator fails to provide in his or her will for any of
his or her children born or adopted BECOMES A PARENT TO A CHILD after the
execution of the
TESTATOR'S will AND FAILS TO PROVIDE IN THE WILL FOR
THE CHILD
, the omitted after-born or after-adopted
child receives a share in
the estate as follows:
(a) If the testator had no child living when he or she THE TESTATOR
executed the will, an THE omitted after-born or after-adopted child receives
a share in the estate equal in value to that which the child would have
received had the testator died intestate, unless the will devised all or
substantially all
OF the estate to the other
ANOTHER parent of the omitted
child and that other parent survives the testator and is entitled to take under
the will.
(b) If the testator has one or more children living when he or she
THE TESTATOR executed the will, and the will devised property or an interest
in property to one or more of the then living children, an THE omitted
after-born or after-adopted child is entitled to share in the testator's estate
as follows:
PAGE 8-SENATE BILL 22-092 (I) The portion of the testator's estate in which the omitted after-born
or after-adopted child is entitled to share is limited to devises made to the
testator's then living children under the will.
(II) The omitted after-born or after-adopted child is entitled to
receive the share of the testator's estate, as limited in subparagraph (I) of
this paragraph (b) SUBSECTION (1)(b)(I) OF THIS SECTION, that the child
would have received had the testator included all omitted after-born and
after-adopted children with the children to whom devises were made under
the will and had given an equal share of the estate to each child.
(III) To the extent feasible, the interest granted an THE omitted
after-born or after-adopted child under this section shall MUST be of the
same character, whether equitable or legal, present or future, as that devised
to the testator's then living children under the will.
(IV) In satisfying
THE SATISFACTION OF a share provided by this
paragraph (b) SUBSECTION (1)(b), devises to the testator's children who were
living when the will was executed abate ratably. In abating the devises of
the then living children, the court shall preserve to the maximum extent
possible the character of the testamentary plan adopted by the testator.
(2) Neither paragraph (a) nor (b) of subsection (1) of this section
SUBSECTION (1)(a) OF THIS SECTION NOR SUBSECTION (1)(b) OF THIS
SECTION
applies if:
(b) The testator provided for the omitted after-born or after-adoptedchild by transfer outside the will and the intent that the transfer be in lieu of
a testamentary provision is shown by the testator's statements or is
reasonably inferred from the amount of the transfer or other evidence.
(3) If at the time of execution of the will the testator fails to provide
in his or her
THE will for a living child solely because he or she THE
TESTATOR
believes the child to be dead, the child is entitled to share in the
estate as if the child were an omitted after-born or after-adopted
child.
(4) In satisfying THE SATISFACTION OF a share provided by
paragraph (a) of subsection (1) SUBSECTION (1)(a) of this section, devises
made by the will abate under section 15-12-902.
PAGE 9-SENATE BILL 22-092 SECTION 10. In Colorado Revised Statutes, 15-11-802, amend (1)
as follows:
15-11-802. Effect of divorce, annulment, and decree of
separation. (1) An individual who is divorced from the decedent or whose
marriage to the decedent has been annulled is not a surviving spouse unless,
by virtue of a subsequent marriage, he or she
THE INDIVIDUAL is married to
the decedent at the time of death. A decree of separation that does not
terminate the status of husband and wife
MARRIAGE is not a divorce for
purposes of this section.
SECTION 11. In Colorado Revised Statutes, 15-11-803, amend
(1)(e), (2), and (6) as follows:
15-11-803. Effect of homicide on intestate succession, wills,
trusts, joint assets, life insurance, and beneficiary designations.
(1) Definitions. As used in this section, unless the context otherwise
requires:
(e) "Revocable", with respect to a disposition, appointment,
provision, or nomination, means one under which the decedent, at the time
of or immediately before death, was alone empowered, by law or under the
governing instrument, to cancel the designation in favor of the killer,
whether or not the decedent was then empowered to designate himself or
herself THE DECEDENT in place of his or her THE killer and WHETHER or NOT
the decedent then had capacity to exercise the power.
(2) Forfeiture of statutory benefits. An individual who feloniously
kills the decedent forfeits all benefits with respect to the decedent's estate,
including an intestate share, an elective-share, an omitted spouse's or child's
share, the decedent's homestead exemption under section 38-41-204,
C.R.S.,
exempt property, and a family allowance. If the decedent died
intestate, the decedent's intestate estate passes as if the killer disclaimed his
or her THE intestate share.
(6) Wrongful acquisition of property. A wrongful acquisition of
property or interest by a killer not covered by this section shall MUST be
treated in accordance with the principle that a killer cannot profit from his
or her wrong THE KILLER'S WRONGDOING.
PAGE 10-SENATE BILL 22-092 SECTION 12. In Colorado Revised Statutes, 15-11-804, amend
(1)(b), (1)(d), (1)(f), and (2)(a) as follows:
15-11-804. Revocation of probate and nonprobate transfers by
divorce - no revocation by other changes of circumstances.
(1) Definitions. As used in this section, unless the context otherwise
requires:
(b) "Divorce or annulment" means any divorce or annulment, or any
dissolution or declaration of invalidity of a marriage, that would exclude the
spouse as a surviving spouse within the meaning of section 15-11-802. A
decree of separation that does not terminate the status of husband and wife
MARRIAGE is not a divorce for purposes of this section.
(d) "Governing instrument" refers to a governing instrument
executed by the divorced individual before the divorce or annulment of his
or her THE marriage to his or her THE DIVORCED INDIVIDUAL'S former
spouse.
(f) "Revocable", with respect to a disposition, appointment,
provision, or nomination, means one under which the divorced individual,
at the time of the divorce or annulment, was alone empowered, by law or
under the governing instrument, to cancel the designation in favor of his or
her THE DIVORCED INDIVIDUAL'S former spouse or former spouse's relative,
whether or not the divorced individual was then empowered to designate
himself or herself
THE DIVORCED INDIVIDUAL in place of his or her THE
DIVORCED INDIVIDUAL
'S former spouse or in place of his or her
THE
DIVORCED INDIVIDUAL
'S former spouse's relative and whether or not the
divorced individual then had the capacity to exercise the power.
(2) Revocation upon divorce. Except as provided by the express
terms of a governing instrument, a court order, or a contract relating to the
division of the marital estate made between the divorced individuals before
or after the marriage, divorce, or annulment, the divorce or annulment of a
marriage:
(a) Revokes any revocable (i) disposition or appointment of property
made by a divorced individual to his or her
THE DIVORCED INDIVIDUAL'S
former spouse in a governing instrument and any disposition or appointment
created by law or in a governing instrument to a relative of the divorced
PAGE 11-SENATE BILL 22-092 individual's former spouse, (ii) provision in a governing instrument
conferring a general or nongeneral power of appointment on the divorced
individual's former spouse or on a relative of the divorced individual's
former spouse, and (iii) nomination in a governing instrument nominating
a divorced individual's former spouse or a relative of the divorced
individual's former spouse to serve in any fiduciary or representative
capacity, including a personal representative, executor, trustee, conservator,
agent, or guardian; and
SECTION 13. In Colorado Revised Statutes, 15-12-703, amend
(1), (2), and (4) as follows:
15-12-703. General duties - relation and liability to persons
interested in estate - duty to search for a designated beneficiary
agreement - standing to sue. (1) A personal representative is a fiduciary
who shall observe the standards of care applicable to trustees as described
by part 8 of article 5 of this title 15. A personal representative has
IS UNDER
a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and this code, and as expeditiously and efficiently as is consistent with the best interests of the estate. A
THE personal representative shall use the authority conferred upon
him or her by this code, the terms of the will, if any, and any order in
proceedings to which he or she THE PERSONAL REPRESENTATIVE is party for
the best interests of successors to the estate.
(2) A personal representative shall not be surcharged for acts of
administration or distribution if the conduct in question was authorized at
the time. Subject to other obligations of administration, an informally
probated will is authority to administer and distribute the estate according
to its terms. An order of appointment of a personal representative, whether
issued in informal or formal proceedings, is authority to distribute
apparently intestate assets to the heirs of the decedent if, at the time of
distribution, the personal representative is not aware of a pending testacy
proceeding, a proceeding to vacate an order entered in an earlier testacy
proceeding, a formal proceeding questioning his
THE PERSONAL
REPRESENTATIVE
'S appointment or fitness to continue, or a supervised
administration proceeding. Nothing in this section affects
THIS SECTION
DOES NOT AFFECT
the duty of the personal representative to administer and
distribute the estate in accordance with the rights of claimants
WHOSE
CLAIMS HAVE BEEN ALLOWED
, the surviving spouse, any minor and
PAGE 12-SENATE BILL 22-092 dependent children, and any pretermitted OMITTED child of the decedent AS
DESCRIBED ELSEWHERE IN THIS CODE
.
(4) Except as to proceedings which do not survive the death of the
decedent, a personal representative of a decedent domiciled in this state at
his
death has the same standing to sue and be sued in the courts of this state
and the courts of any other jurisdiction as his THE decedent had immediately
prior to death.
SECTION 14. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 13-SENATE BILL 22-092 November 2022 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 14-SENATE BILL 22-092