(1) Unless one year or more has elapsed since the death of the decedent, a personal representative shall cause a notice to creditors to be published in some daily or weekly newspaper published in the county in which the estate is being administered, or if there is no such newspaper, then in some newspaper of general circulation in an adjoining county. Such notice shall be published not less than three times, at least once during each of three successive calendar weeks. The notice shall be substantially as follows:
NOTICE TO CREDITORS Estate of ........................................(Deceased) No. ...............................
All persons having claims against the above-named estate are required to present them to the undersigned or to the District Court of ..........County, Colorado (or Probate Court of the City and County of Denver, Colorado), on or before (a date not earlier than four months from date of first publication or the date one year from date of death, whichever occurs first), .................................................................................. 20 ....., or said claims may be forever barred. ............................................. Personal Representative
(2) A personal representative may give written notice by mail or other delivery to any creditor. Written notice shall be the notice described in subsection (1) of this section or a similar notice. Such written notice shall notify the creditor to present his claim within the later of the following time periods or be forever barred:
(a) Within the time set in the notice to creditors by publication in compliance with subsection (1) of this section; or
(b) Within sixty days from the mailing or other delivery of such notice, but not later than the date one year from date of death.
(3) A personal representative shall not be liable to any creditor or to any successor of the decedent for giving or failing to give notice under this section.
Source: L. 73: R&RE, p. 1592, § 1. C.R.S. 1963: § 153-3-801. L. 75: Entire section R&RE, p. 597, § 32, effective July 1. L. 79: Entire section amended, p. 649, § 9, effective July 1. L. 90: Entire section amended, p. 904, § 1, effective July 1.
Notes of Decisions
Barnhill v. Pub. Serv. Co. of Colorado, 649 P.2d 716 (Colo. Ct. App. 1982).
· cites it 7× “Two common examples of Colorado non-claim statutes are § 15-12-801, C.R.S. 1973 (1980 Cum.Supp.), and § 24 — 10-109, C.”
In Re Est. of Sheridan, 117 P.3d 39 (Colo. Ct. App. 2004).
· cites it 9× “Section 15-12-801, C.R.S.2004, governs notice to creditors.”
De Avila v. Est. of DeHerrera, 75 P.3d 1144 (Colo. Ct. App. 2003).
· cites it 3× “Defendant's an *1146 swer asserted as an affirmative defense that "Plaintiff's claims are barred or limited by the provisions of the probate code, including but not limited to C.R.S. § 15-12-801, et seq." However, the defense was not mentioned during the trial.”
Matter of Est. of Dire, 851 P.2d 271 (Colo. Ct. App. 1993).
· cites it 4× “See §§ 15-12-801 & 15-12-803(1)(a), C.R.S. (1987 Repl.”
Park State Bank v. McLean, 660 P.2d 13 (Colo. Ct. App. 1982).
· cites it 4× “Catherine was appointed personal representative and she published the statutory notice to creditors required by § 15-12-801, C.R.S.1973. The Bank did not file a claim in the estate proceeding based on its judgment.”
Wishbone, Inc. v. Eppinger, 829 P.2d 434 (Colo. Ct. App. 1991).
· cites it 2× “The question presented here seeks a determination of the effect, under the non-claim statute, § 15-12-801, et seq., C.R.S. (1987 Repl.Vol.”
Est. of Russo v. Sunrise Healthcare Corp., 994 P.2d 491 (Colo. Ct. App. 1999).
· cites it 4× “Section 15-12-801(1), C.R.S.1999, provides, in pertinent part, that: Unless one year or more has elapsed since the death of the decedent, a personal representative shall cause a notice to creditors to be published in some daily or weekly newspaper published in the county in…”
Oldham v. Pedrie, 2015 COA 95 (Colo. Ct. App. 2015).
“Because Colorado and Michigan have both adopted the Uniform Probate Code, see §§ 15-12-801 to -816, C.R.S. 2014; Mich. Comp.”
Armstrong v. Armstrong, 130 F.R.D. 449 (D. Colo. 1990).
· cites it 4× “In her amended reply, PR contends that Dick’s counterclaim is barred by the Colorado Probate Code, C.R.S. § 15-12-801 et seq., for his failure to file timely any claim against Bob’s estate.”
Wright v. Est. of Valley, 827 P.2d 579 (Colo. Ct. App. 1992).
“The ex-wife's right to enforce her judicial lien through foreclosure is not affected by § 15-12-801, et seq., C.R.S. (1987 Repl.Vol.”
Colo. Rev. Stat. § 15-12-801(1): 2 cases
In Re Est. of Sheridan, 117 P.3d 39 (Colo. Ct. App. 2004).
“Section 15-12-801, C.R.S.2004, governs notice to creditors.”
Est. of Russo v. Sunrise Healthcare Corp., 994 P.2d 491 (Colo. Ct. App. 1999).
“Section 15-12-801(1), C.R.S.1999, provides, in pertinent part, that: Unless one year or more has elapsed since the death of the decedent, a personal representative shall cause a notice to creditors to be published in some daily or weekly newspaper published in the county in…”
Colo. Rev. Stat. § 15-12-801(2): 1 case
In Re Est. of Sheridan, 117 P.3d 39 (Colo. Ct. App. 2004).
“Section 15-12-801, C.R.S.2004, governs notice to creditors.”
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