(1) Before a claim may be presented, the decedent's estate must first have been commenced in a court of appropriate jurisdiction by the filing of an application or petition pursuant to part 3 or 4 of this article. A claimant may thereafter present a claim only by:
(a) Filing a written statement of the claim with the clerk of the court, in the form approved by the supreme court, whether or not a personal representative has been appointed;
(b) Delivering or mailing a written statement of the claim to the court-appointed personal representative; or
(c) In the case of a claimant who has a claim described in section 15-12-803 (1), presenting a claim by commencing a proceeding against the personal representative in the court where the personal representative was appointed to obtain payment of the claim. A claimant having a claim described in section 15-12-803 (2) may present a claim by commencing a proceeding against the personal representative in any court where the personal representative may be subjected to jurisdiction under the rules of civil procedure or statutes of this state to obtain payment of his or her claim against the estate. In order to constitute a timely presentation of a claim, the commencement of any proceeding under this paragraph (c) must occur within the time limited for presenting the claim. Time limits on proceedings to enforce timely presented claims are determined by section 15-12-806 (1) and not by this paragraph (c).
(2) Unless presentation is made pursuant to paragraph (a) of subsection (1) of this section, a claim against a decedent's estate is not validly presented by delivering or mailing a claim to any person unless that person has been appointed by the court or registrar of the court as the personal representative of the decedent's estate prior to the time the presentation is attempted.
(3) A personal representative's knowledge that a creditor could bring a claim against an estate shall not be treated as a valid substitute for the proper presentation of a written claim authorized by subsection (1) of this section.
(4) Each written statement of a claim shall include:
(a) A request or demand for payment from the decedent or the estate; and
(b) Sufficient information to allow the personal representative to investigate and respond to the claim, including the basis of the claim, the name and address of the claimant, and the amount claimed.
(5) Except in the situation where a special administrator has been formally appointed with specific powers to deal with the specific claim being presented or has been formally appointed to deal with claims generally under this part 8, a special administrator appointed in informal proceedings, or a special administrator who lacks the powers and authority of a general personal representative, is not a personal representative to whom presentation of a claim may properly be made.
(6) A claim shall be deemed presented on the date that the court-appointed personal representative receives the written statement of claim or the date the claim is filed with the court, whichever is earlier. If a claim is not yet due, the claim shall state the date when it will become due. If the claim is contingent or unliquidated, the claim shall state the nature of the uncertainty. If the claim is secured, the claim shall describe the security. Failure to describe correctly the security, the nature of any uncertainty, or the due date of a claim not yet due does not invalidate the presentation made.
(7) The personal representative shall inform any interested person, upon request, as to the existence, amounts, and nature of all claims against the estate that are known to him or her, but the personal representative shall not be required to express any opinion as to the probable outcome of any claim.
(8) If a claim is presented under subsection (1) of this section, a proceeding thereon may not be commenced more than sixty-three days after the personal representative has mailed a notice of disallowance; except that, in the case of a claim that is not presently due or that is contingent or unliquidated, the personal representative may consent to an extension of the sixty- three-day period, or, to avoid injustice, the court, on petition, may order an extension of the sixty-three-day period, but in no event shall the extension run beyond the applicable statute of limitations.
Source: L. 73: R&RE, p. 1593, § 1. C.R.S. 1963: § 153-3-804. L. 75: (2) amended, p. 598, § 35, effective July 1. L. 96: Entire section amended, p. 660, § 12, effective July 1. L. 2006: Entire section amended, p. 374, § 3, effective July 1. L. 2012: (8) amended, (SB 12-175), ch. 208, p. 838, § 44, effective July 1.
Notes of Decisions
Cited in
27
cases (
2 in the last 5 years), 1981–2025 · leading case:
Matter of Est. of Hall, 948 P.2d 539 (Colo. 1997).
Matter of Est. of Hall, 948 P.2d 539 (Colo. 1997).
· cites it 40× “[5] Creditors may present their claims in one of three ways as described in section 15-12-804, 6B C.R.S. (1987). First, under subsection (1), [6] a claimant may deliver or mail to *542 the personal representative a written statement of the claim indicating its basis, the name…”
Denver Water Dep't Credit Union v. Est. of Ongaro, 998 P.2d 1097 (Colo. 2000).
· cites it 21× “wrongfully concealed the fact of the Decedent’s death and that the one-year period for - presenting claims under'section 15 — 12—803(l)(a)(III) was tolled by Ongaro-Watson’s conduct, The probate court further rejected the Credit *1100 Union’s assertions that Ongaro-Watson’s…”
of Colby, 2021 COA 31 (Colo. Ct. App. 2021).
· cites it 23× “The district court disagreed because the appellant’s demand did not comply with section 15-12-804, C.R.S. 2020. A division of the court of appeals concludes that the district court erred because section 15-12-804 applies only to a creditor’s claim against an estate and does not…”
Brock v. Nyland, 955 P.2d 1037 (Colo. 1998).
· cites it 12× “Rather, to continue the analogy to the Probate Code, the remaining subsections parallel section 15-12-804 of the Probate Code entitled "Manner of presentation of claims.”
Amos v. Aspen Alps 123, LLC, 280 P.3d 1256 (Colo. 2012).
· cites it 5× “As a general matter, the manner of presenting claims against an estate is prescribed at section 15-12-804, C.R.S. (2011), but proceedings to enforce a mortgage or other lien against property of an estate are expressly exempted from this provision and are governed instead by C.”
Matter of Est. of Hall, 936 P.2d 592 (Colo. Ct. App. 1997).
· cites it 29× “According to § 15-12-804, C.R.S. (1987 Repl.Vol. 6B), (1) A claimant against a decedent's estate may deliver or mail to the personal representative a written statement of the claim.”
Wishbone, Inc. v. Eppinger, 829 P.2d 434 (Colo. Ct. App. 1991).
· cites it 9× “Section 15-12-802 instructs as to the applicable limitations and provides, in relevant part: “For purposes of any statute of limitations other than those limitations specified in §§ 15-12-801, 15-12-803, 15-12-804, and 15-12-806, the proper presentation of a claim under §…”
In Re Est. of Sheridan, 117 P.3d 39 (Colo. Ct. App. 2004).
· cites it 12× “Section 15-12-804, C.R.S.2004, sets forth three ways in which a claimant may present his or her claims: (1) deliver or mail a written statement of the claim to the personal representative; (2) file a written statement with the clerk of court; or (3) commence legal proceedings…”
Matter of Est. of Rienks, 844 P.2d 1295 (Colo. Ct. App. 1992).
· cites it 17× “The crux of Lynde's argument is, rather, that one designated or nominated as personal representative in a will is, in effect, the "personal representative" for the purposes of § 15-12-804(1).”
Strong Bros. Enter., Inc. v. Est. of Strong, 666 P.2d 1109 (Colo. Ct. App. 1983).
· cites it 4× “A similar strict construction of the statute specifying the manner in which claims are to be presented, § 15-12-804(1), C.R.S.1973, is not necessary to promote the purposes of the Probate Code and, indeed, would exalt form over substance to the detriment of legitimate claims…”
Hall v. Hartley, 948 P.2d 539 (Colo. 1997).
· cites it 38× “5 Creditors may present their claims in one of three ways as described in section 15-12-804, 6B C.R.S. (1987). First, under subsection (l), 6 a claimant may deliver or mail to *542 the personal representative a written statement of the claim indicating its basis, the name and…”
Denver Water Dep't Credit Union v. Est. of Ongaro, 973 P.2d 660 (Colo. Ct. App. 1999).
· cites it 6× “That section provides: A claimant against a decedent’s estate may deliver or mail to the personal representative a written statement of the claim indicating its basis, the name and address of the claimant, and the amount *663 claimed.”
— Colo. Rev. Stat. § 15-12-804(1) — 17 cases
Denver Water Dep't Credit Union v. Est. of Ongaro, 998 P.2d 1097 (Colo. 2000).
“wrongfully concealed the fact of the Decedent’s death and that the one-year period for - presenting claims under'section 15 — 12—803(l)(a)(III) was tolled by Ongaro-Watson’s conduct, The probate court further rejected the Credit *1100 Union’s assertions that Ongaro-Watson’s…”
Matter of Est. of Hall, 948 P.2d 539 (Colo. 1997).
“[5] Creditors may present their claims in one of three ways as described in section 15-12-804, 6B C.R.S. (1987). First, under subsection (1), [6] a claimant may deliver or mail to *542 the personal representative a written statement of the claim indicating its basis, the name…”
Strong Bros. Enter., Inc. v. Est. of Strong, 666 P.2d 1109 (Colo. Ct. App. 1983).
“A similar strict construction of the statute specifying the manner in which claims are to be presented, § 15-12-804(1), C.R.S.1973, is not necessary to promote the purposes of the Probate Code and, indeed, would exalt form over substance to the detriment of legitimate claims…”
Matter of Est. of Rienks, 844 P.2d 1295 (Colo. Ct. App. 1992).
“The crux of Lynde's argument is, rather, that one designated or nominated as personal representative in a will is, in effect, the "personal representative" for the purposes of § 15-12-804(1).”
Denver Water Dep't Credit Union v. Est. of Ongaro, 973 P.2d 660 (Colo. Ct. App. 1999).
“That section provides: A claimant against a decedent’s estate may deliver or mail to the personal representative a written statement of the claim indicating its basis, the name and address of the claimant, and the amount *663 claimed.”
— Colo. Rev. Stat. § 15-12-804(1)(b) — 1 case
of Colby, 2021 COA 31 (Colo. Ct. App. 2021).
“The district court disagreed because the appellant’s demand did not comply with section 15-12-804, C.R.S. 2020. A division of the court of appeals concludes that the district court erred because section 15-12-804 applies only to a creditor’s claim against an estate and does not…”
— Colo. Rev. Stat. § 15-12-804(1)(c) — 1 case
— Colo. Rev. Stat. § 15-12-804(2) — 8 cases
Matter of Est. of Hall, 948 P.2d 539 (Colo. 1997).
“[5] Creditors may present their claims in one of three ways as described in section 15-12-804, 6B C.R.S. (1987). First, under subsection (1), [6] a claimant may deliver or mail to *542 the personal representative a written statement of the claim indicating its basis, the name…”
Matter of Est. of Hall, 936 P.2d 592 (Colo. Ct. App. 1997).
“According to § 15-12-804, C.R.S. (1987 Repl.Vol. 6B), (1) A claimant against a decedent's estate may deliver or mail to the personal representative a written statement of the claim.”
Hall v. Hartley, 948 P.2d 539 (Colo. 1997).
“5 Creditors may present their claims in one of three ways as described in section 15-12-804, 6B C.R.S. (1987). First, under subsection (l), 6 a claimant may deliver or mail to *542 the personal representative a written statement of the claim indicating its basis, the name and…”
Wishbone, Inc. v. Eppinger, 829 P.2d 434 (Colo. Ct. App. 1991).
“Section 15-12-802 instructs as to the applicable limitations and provides, in relevant part: “For purposes of any statute of limitations other than those limitations specified in §§ 15-12-801, 15-12-803, 15-12-804, and 15-12-806, the proper presentation of a claim under §…”
— Colo. Rev. Stat. § 15-12-804(3) — 4 cases
Wishbone, Inc. v. Eppinger, 829 P.2d 434 (Colo. Ct. App. 1991).
“Section 15-12-802 instructs as to the applicable limitations and provides, in relevant part: “For purposes of any statute of limitations other than those limitations specified in §§ 15-12-801, 15-12-803, 15-12-804, and 15-12-806, the proper presentation of a claim under §…”
of Colby, 2021 COA 31 (Colo. Ct. App. 2021).
“The district court disagreed because the appellant’s demand did not comply with section 15-12-804, C.R.S. 2020. A division of the court of appeals concludes that the district court erred because section 15-12-804 applies only to a creditor’s claim against an estate and does not…”
Matter of Est. of Hall, 936 P.2d 592 (Colo. Ct. App. 1997).
“According to § 15-12-804, C.R.S. (1987 Repl.Vol. 6B), (1) A claimant against a decedent's estate may deliver or mail to the personal representative a written statement of the claim.”
— Colo. Rev. Stat. § 15-12-804(4) — 1 case
of Colby, 2021 COA 31 (Colo. Ct. App. 2021).
“The district court disagreed because the appellant’s demand did not comply with section 15-12-804, C.R.S. 2020. A division of the court of appeals concludes that the district court erred because section 15-12-804 applies only to a creditor’s claim against an estate and does not…”
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