(1) Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of any claimant to recover from a distributee who is liable to pay the claim, and the right of any heir or devisee or of a successor personal representative acting in their behalf, to recover property improperly distributed or the value thereof from any distributee is forever barred as follows:
(a) A claim by a creditor of the decedent is forever barred at one year after the decedent's death.
(b) Any other claimant or any heir or devisee is forever barred at the later of the following:
(I) Three years after the decedent's death; or
(II) One year after the time of distribution thereof.
(2) This section does not bar an action to recover property or value received as the result of fraud.
Source: L. 73: R&RE, p. 1606, § 1. C.R.S. 1963: § 153-3-1006. L. 90: Entire section amended, p. 907, § 6, effective July 1.
Notes of Decisions
Matter of Est. of Daigle, 634 P.2d 71 (Colo. 1981).
· cites it 8× “Section 15-12-1004 provides in pertinent part: “After assets of an estate have been distributed and subject to section 15-12-1006, an undischarged claim not barred may be prosecuted in a proceeding against one or more distributees.”
In Re Est. of Shuler, 981 P.2d 1109 (Colo. Ct. App. 1999).
· cites it 21× “Petitioner argues that, because of the provisions of § 15-12-1006, C.R.S.1998, the personal representative, in either his representative or individual capacity, is barred from proceeding against her pursuant to § 15-12-1004, C.”
of Colby, 2021 COA 31, 486 P.3d 466.
· cites it 2× “In that scenario, the devisee would be a creditor with respect to that particular claim.”
Golden Run Estates, LLC v. Town of Erie, 2016 COA 145, 401 P.3d 87.
· cites it 4× “See § 15-12-1006, C.R.S. 2016 (claims against distributees are “forever barred” after limitation period); In re Estate of Shuler, 981 P.”
Colo. Rev. Stat. § 15-12-1006(1): 1 case
In Re Est. of Shuler, 981 P.2d 1109 (Colo. Ct. App. 1999).
“Petitioner argues that, because of the provisions of § 15-12-1006, C.R.S.1998, the personal representative, in either his representative or individual capacity, is barred from proceeding against her pursuant to § 15-12-1004, C.”
Colo. Rev. Stat. § 15-12-1006(l)(a): 1 case
In Re Est. of Shuler, 981 P.2d 1109 (Colo. Ct. App. 1999).
“Petitioner argues that, because of the provisions of § 15-12-1006, C.R.S.1998, the personal representative, in either his representative or individual capacity, is barred from proceeding against her pursuant to § 15-12-1004, C.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.