Colorado Revised Statutes

Colo. Rev. Stat. § 15-12-803 (2026)

Limitations on presentation of claims

✓ current as of July 2026

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(1) (a) All claims against a decedent's estate that arose before the death of the decedent, including claims of the state of Colorado and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by other statutes of limitations, are barred against the estate, the personal representative, any transferee or other person incurring liability under section 15-15-103, and the heirs and devisees of the decedent, unless presented as follows:

(I) As to creditors barred by publication, within the time set in the published notice to creditors;

(II) As to creditors barred by written notice, within the time set in the written notice;

(III) As to all creditors, within one year after the decedent's death.

(b) In addition to the limitations on presentation of claims in paragraph (a) of this subsection (1), claims barred by the nonclaim statute at the decedent's domicile are also barred in this state.

(2) All claims against a decedent's estate that arise at or after the death of the decedent, including claims of the state and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, are barred against the estate, the personal representative, any transferee or other person incurring liability under section 15-15-103, and the heirs and devisees of the decedent, unless presented as follows:

(a) A claim based on a contract with the personal representative, within four months after performance by the personal representative is due;

(b) Any other claim, within four months after it arises.

(3) Nothing in this section affects or prevents:

(a) Any proceeding to enforce any mortgage, pledge, or other lien upon property of the estate; (b) To the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which he is protected by liability insurance; or

(c) Collection of compensation for services rendered and reimbursement for expenses advanced by the personal representative or by the attorney or accountant for the personal representative of the estate.

(4) This section is a nonclaim statute that cannot be waived or tolled, and it shall not be considered a statute of limitations.

(5) Unless section 15-10-106 is determined to apply, and subject to the provisions of subsection (3) of this section, claims that are not presented in accordance with subsections (1) and (2) of this section are barred even if addressing the merits of the claim would not delay the settlement and distribution of the estate.

Source: L. 73: R&RE, p. 1592, § 1. C.R.S. 1963: § 153-3-803. L. 75: (3)(c) added, p. 598, § 34, effective July 1. L. 79: (1)(a) amended, p. 650, § 10, effective July 1. L. 90: (1) R&RE, p. 905, § 3, effective July 1. L. 2006: IP(1)(a) and IP (2) amended and (4) and (5) added, p. 373, § 2, effective July 1.

Notes of Decisions

Cited in 55 cases (2 in the last 5 years), 1978–2025 · leading case: White v. Est. of Soto-Lerma, 2018 COA 34 (Colo. Ct. App. 2018).

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White v. Est. of Soto-Lerma, 2018 COA 34 (Colo. Ct. App. 2018). · cites it 32× “Subsection (3)(b) provides that nothing in section 15-12-803 “affects or prevents[,] .”

Matter of Est. of Daigle, 634 P.2d 71 (Colo. 1981). · cites it 42× “If the legislature intended to exempt late claims by minors and other persons under disability from the jurisdictional bar of the nonclaim statute it reasonably may be assumed that appropriate statutory language would have been included in section 15-12-803 to accomplish this…”

Denver Water Dep't Credit Union v. Est. of Ongaro, 998 P.2d 1097 (Colo. 2000). · cites it 57× “Section 15-12-803(1) establishes the deadline for presenting a personal representative with claims against a decedent’s estate for debts that arose prior to the decedent’s death.”

Lewis v. Taylor, 2016 CO 48 (Colo. 2016). · cites it 8× “” § 15-12-803(1). We concluded that such language created a nonclaim statute and not a statute of limitations.”

Matter of Est. of Hall, 948 P.2d 539 (Colo. 1997). · cites it 42× “(1987), sixty days from the mailing by the personal representative of the notice of disallowance of the claim, and not by the deadlines contained in section 15-12-803, 6B C.R.S. (1987), the nonclaim statute, which dictates when a claimant must initially present a claim.”

Brice v. Wood, 735 P.2d 924 (Colo. Ct. App. 1986). · cites it 17× “*926 Because the statutory definition of the term “claim” contains exceptions which do not specifically address disputes concerning title which arise during administration of the estate, and because the decedent here had no title after her death, this dispute is a claim subject…”

Matter of Est. of Dire, 851 P.2d 271 (Colo. Ct. App. 1993). · cites it 30× “In this probate action, claimant, Lyons Savings and Loan Association, appeals from the probate court's order ruling that *272 its claim against the estate of the decedent was barred as being untimely presented within the applicable nonclaim period set forth in § 15-12-803(1),…”

v. Rabin, 2020 CO 77 (Colo. 2020). · cites it 2× “See § 15-12-803, C.R.S. (2020). Moreover, a personal representative need not wait for a claim against the estate before asking the decedent’s lawyer for documents the personal representative perceives to be necessary to administer the estate.”

Murphy v. Glenn, 964 P.2d 581 (Colo. Ct. App. 1998). · cites it 4× “The jury returned a special verdict finding that husband and wife had a valid agreement in the form of two wills which provided that the estate of the survivor was to be distributed in accordance with husband’s will, which was in full force and effect at the time of husband’s…”

Brock v. Nyland, 955 P.2d 1037 (Colo. 1998). · cites it 8× “See § 15-12-803, 5 C.R.S. (1997); McMahon v. Denver Water Bd.”

Denver Water Dep't Credit Union v. Est. of Ongaro, 973 P.2d 660 (Colo. Ct. App. 1999). · cites it 24× “Section 15-12-803, C.R.S.1997, is a nonclaim statute and compliance with its time limits is a condition precedent to the enforcement of a right of action.”

of Colby, 2021 COA 31 (Colo. Ct. App. 2021). · cites it 10× “¶ 15 Part 8 of Article 12 of Title 15 is titled “Creditors’ Claims” and includes section 15-12-803, C.R.S. 2020. That section is a “nonclaim statute” and sets forth time limits for “creditors” to present “claims” against a decedent’s estate.”

Show all 55 citing cases →

— Colo. Rev. Stat. § 15-12-803(1) — 20 cases

Denver Water Dep't Credit Union v. Est. of Ongaro, 998 P.2d 1097 (Colo. 2000). “Section 15-12-803(1) establishes the deadline for presenting a personal representative with claims against a decedent’s estate for debts that arose prior to the decedent’s death.”

Lewis v. Taylor, 2016 CO 48 (Colo. 2016). “” § 15-12-803(1). We concluded that such language created a nonclaim statute and not a statute of limitations.”

Matter of Est. of Hall, 948 P.2d 539 (Colo. 1997). “(1987), sixty days from the mailing by the personal representative of the notice of disallowance of the claim, and not by the deadlines contained in section 15-12-803, 6B C.R.S. (1987), the nonclaim statute, which dictates when a claimant must initially present a claim.”

Matter of Est. of Dire, 851 P.2d 271 (Colo. Ct. App. 1993). “In this probate action, claimant, Lyons Savings and Loan Association, appeals from the probate court's order ruling that *272 its claim against the estate of the decedent was barred as being untimely presented within the applicable nonclaim period set forth in § 15-12-803(1),…”

Sec. Sav. & Loan Ass'n v. Est. of Kite, 857 P.2d 430 (Colo. Ct. App. 1992).

— Colo. Rev. Stat. § 15-12-803(1)(a) — 9 cases

White v. Est. of Soto-Lerma, 2018 COA 34 (Colo. Ct. App. 2018). “Subsection (3)(b) provides that nothing in section 15-12-803 “affects or prevents[,] .”

Tarco, Inc. v. Conifer Metro. Dist., 316 P.3d 82 (Colo. Ct. App. 2013).

Strong Bros. Enter., Inc. v. Est. of Strong, 666 P.2d 1109 (Colo. Ct. App. 1983).

of Colby, 2021 COA 31 (Colo. Ct. App. 2021). “¶ 15 Part 8 of Article 12 of Title 15 is titled “Creditors’ Claims” and includes section 15-12-803, C.R.S. 2020. That section is a “nonclaim statute” and sets forth time limits for “creditors” to present “claims” against a decedent’s estate.”

— Colo. Rev. Stat. § 15-12-803(1)(a)(I) — 1 case

Est. of Russo v. Sunrise Healthcare Corp., 994 P.2d 491 (Colo. Ct. App. 1999).

— Colo. Rev. Stat. § 15-12-803(1)(a)(III) — 4 cases

Est. of Russo v. Sunrise Healthcare Corp., 994 P.2d 491 (Colo. Ct. App. 1999).

In Re Est. of Kochevar, 94 P.3d 1253 (Colo. Ct. App. 2004).

Creative v. LeRoux (Colo. Ct. App. 2025).

— Colo. Rev. Stat. § 15-12-803(1)(b) — 3 cases

Lyons Sav. & Loan Ass'n v. Dire, 851 P.2d 271 (Colo. Ct. App. 1993).

— Colo. Rev. Stat. § 15-12-803(2) — 13 cases

Matter of Est. of Daigle, 634 P.2d 71 (Colo. 1981). “If the legislature intended to exempt late claims by minors and other persons under disability from the jurisdictional bar of the nonclaim statute it reasonably may be assumed that appropriate statutory language would have been included in section 15-12-803 to accomplish this…”

Pub. Serv. Co. of Colorado v. Barnhill, 690 P.2d 1248 (Colo. 1984).

Brice v. Wood, 735 P.2d 924 (Colo. Ct. App. 1986). “*926 Because the statutory definition of the term “claim” contains exceptions which do not specifically address disputes concerning title which arise during administration of the estate, and because the decedent here had no title after her death, this dispute is a claim subject…”

— Colo. Rev. Stat. § 15-12-803(2)(a) — 6 cases

Wishbone, Inc. v. Eppinger, 829 P.2d 434 (Colo. Ct. App. 1991).

In Matter of Est. of Scott, 735 P.2d 924 (Colo. Ct. App. 1987).

Denver Water Dep't Credit Union v. Est. of Ongaro, 973 P.2d 660 (Colo. Ct. App. 1999). “Section 15-12-803, C.R.S.1997, is a nonclaim statute and compliance with its time limits is a condition precedent to the enforcement of a right of action.”

Matter of Est. of Hall, 936 P.2d 592 (Colo. Ct. App. 1997).

— Colo. Rev. Stat. § 15-12-803(2)(b) — 10 cases

In Matter of Est. of Scott, 735 P.2d 924 (Colo. Ct. App. 1987).

Sec. Sav. & Loan Ass'n v. Est. of Kite, 857 P.2d 430 (Colo. Ct. App. 1992).

— Colo. Rev. Stat. § 15-12-803(3) — 2 cases

White v. Est. of Soto-Lerma, 2018 COA 34 (Colo. Ct. App. 2018). “Subsection (3)(b) provides that nothing in section 15-12-803 “affects or prevents[,] .”

— Colo. Rev. Stat. § 15-12-803(3)(a) — 1 case

Oldham v. Pedrie, 2015 COA 95 (Colo. Ct. App. 2015).

— Colo. Rev. Stat. § 15-12-803(3)(b) — 6 cases

White v. Est. of Soto-Lerma, 2018 COA 34 (Colo. Ct. App. 2018). “Subsection (3)(b) provides that nothing in section 15-12-803 “affects or prevents[,] .”

Sommermeyer v. Price, 603 P.2d 135 (Colo. 1979).

Price v. Sommermeyer, 584 P.2d 1220 (Colo. Ct. App. 1978).

Wilson v. Bd. of Cnty. Commissioners, 853 F. Supp. 369 (D. Colo. 1994).

— Colo. Rev. Stat. § 15-12-803(4) — 1 case

Tarco, Inc. v. Conifer Metro. Dist., 316 P.3d 82 (Colo. Ct. App. 2013).

— Colo. Rev. Stat. § 15-12-803(8)(b) — 1 case

De Avila v. Est. of DeHerrera, 75 P.3d 1144 (Colo. Ct. App. 2003).

— Colo. Rev. Stat. § 15-12-803(a)(l)(I) — 1 case