(1) The personal representative may mail a notice to any claimant stating that the claim has been disallowed. If the personal representative fails to mail notice to a claimant of action on his or her claim within sixty-three days after the time for original presentation of the claim has expired, the claim shall be deemed to be allowed. After any claim has been deemed to be allowed or disallowed, the personal representative may change the status of the allowance or disallowance of the claim by notice to the claimant; except that the personal representative may not change a disallowance of a claim after the time for the claimant to file a petition for allowance or to commence a proceeding on the claim has run and the claim has been barred. Every claim that is disallowed in whole or in part by the personal representative is barred so far as not allowed unless the claimant files a petition for allowance in the court or commences a proceeding against the personal representative not later than sixty-three days after the mailing of the notice of disallowance or partial allowance if the notice warns the claimant of the impending bar.
(2) Upon the petition of the personal representative or of a claimant in a proceeding for the purpose, the court may allow in whole or in part any claim or claims presented to the personal representative or filed with the clerk of the court in due time and not barred by subsection (1) of this section. Notice in this proceeding shall be given to the claimant, the personal representative, and those other persons interested in the estate as the court may direct by order entered at the time the proceeding is commenced.
(3) A judgment in a proceeding in another court against a personal representative to enforce a claim against a decedent's estate is an allowance of the claim.
(4) Unless otherwise provided in any judgment in another court entered against the personal representative, allowed claims bear interest at the legal rate for the period commencing sixty-three days after the time for original presentation of the claim has expired unless based on a contract making a provision for interest, in which case they bear interest in accordance with that provision.
Source: L. 73: R&RE, p. 1594, § 1. C.R.S. 1963: § 153-3-806. L. 79: (1) amended, p. 650, § 12, effective July 1. L. 2006: (1) amended, p. 376, § 4, effective July 1. L. 2012: (1) and
(4) amended, (SB 12-175), ch. 208, p. 838, § 45, effective July 1.
Notes of Decisions
Matter of Est. of Hall, 948 P.2d 539 (Colo. 1997).
· cites it 30× “Giving consideration to the title of section 15-12-804, the two sentences immediately preceding the sentence containing the time limit requirement, the absence of any reference to allowance of claims in either subsection (1) or (2), and the existence of a separate provision,…”
Oldham v. Pedrie, 2015 COA 95 (Colo. Ct. App. 2015).
· cites it 13× “2d at 545 (â[U]pon the disallowance of a timely presented claim, the deadline for the claimant to file a petition for allowance is governed by the time limits in section 15-12-806(1).”
Matter of Est. of Roddy, 784 P.2d 841 (Colo. Ct. App. 1989).
· cites it 14× “She argues that §§ 15-12-806 and 15-12-807, C.R.S. (1987 Repl.”
Matter of Est. of Hall, 936 P.2d 592 (Colo. Ct. App. 1997).
· cites it 24× “Claimant, Elizabeth Hartley, appeals the order of the district court dismissing her petition for allowance of claims pursuant to § 15-12-806, C.R.S. (1987 Repl.Vol. 6B). We vacate the order and remand the cause for further proceedings.”
Wishbone, Inc. v. Eppinger, 829 P.2d 434 (Colo. Ct. App. 1991).
· cites it 7× “Section 15-12-806(1) provides, in pertinent part, that any claim disallowed by the personal representative is barred: “unless the claimant files a petition for allowance in the court or commences a proceeding against the personal representative not later than sixty days after…”
Sec. Sav. & Loan Ass'n v. Est. of Kite, 857 P.2d 430 (Colo. Ct. App. 1992).
· cites it 8× “Security contends that § 15-12-806(1), C.R.S. (1987 Repl.Vol. 6B), which states that an action for allowance of claim must be commenced within sixty days after a notice of disallowance is mailed, serves to extend the four-month nonclaim period set forth in § 15-12-803(2)(b).”
Hall v. Hartley, 948 P.2d 539 (Colo. 1997).
· cites it 29× “Giving consideration to the title of section 15-12-804, the two sentences immediately preceding the sentence containing the time limit requirement, the absence of any reference to allowance of claims in either subsection (1) or (2), and the existence of a separate provision,…”
Hartley v. Hall, 936 P.2d 592 (Colo. Ct. App. 1996).
· cites it 24× “Claimant, Elizabeth Hartley, appeals the order of the district court dismissing her petition for allowance of claims pursuant to § 15-12-806, C.R.S. (1987 RepLVol. 6B). We vacate the order and remand the cause for further proceedings.”
Harman v. Stillwell, 944 P.2d 665 (Colo. Ct. App. 1997).
· cites it 4× “See § 15-12-806(1), C.R.S. (1987 Repl.Vol. 6B) (in case of disallowance of claim, creditor must petition probate court for allowance or commence separate proceeding within 60 days of notice of disallowance).”
Matter of Est. of Dire, 851 P.2d 271 (Colo. Ct. App. 1993).
· cites it 2× “That claim sought payment of the deficiency following foreclosure in 1990 on property securing a promissory note executed by the decedent in March 1985.”
Denver Water Dep't Credit Union v. Est. of Ongaro, 973 P.2d 660 (Colo. Ct. App. 1999).
· cites it 2× “In In re Estate of Hall, the supreme court concluded that a petition for allowance, initiated more than one year after the death of decedent, was timely under the allowance statute, § 15-12-806(1), C.R.S.1997, because the claimant sought allowance of the claim within sixty days…”
— Colo. Rev. Stat. § 15-12-806(1) — 14 cases
Matter of Est. of Hall, 948 P.2d 539 (Colo. 1997).
“Giving consideration to the title of section 15-12-804, the two sentences immediately preceding the sentence containing the time limit requirement, the absence of any reference to allowance of claims in either subsection (1) or (2), and the existence of a separate provision,…”
Oldham v. Pedrie, 2015 COA 95 (Colo. Ct. App. 2015).
“2d at 545 (â[U]pon the disallowance of a timely presented claim, the deadline for the claimant to file a petition for allowance is governed by the time limits in section 15-12-806(1).”
Sec. Sav. & Loan Ass'n v. Est. of Kite, 857 P.2d 430 (Colo. Ct. App. 1992).
“Security contends that § 15-12-806(1), C.R.S. (1987 Repl.Vol. 6B), which states that an action for allowance of claim must be commenced within sixty days after a notice of disallowance is mailed, serves to extend the four-month nonclaim period set forth in § 15-12-803(2)(b).”
Wishbone, Inc. v. Eppinger, 829 P.2d 434 (Colo. Ct. App. 1991).
“Section 15-12-806(1) provides, in pertinent part, that any claim disallowed by the personal representative is barred: “unless the claimant files a petition for allowance in the court or commences a proceeding against the personal representative not later than sixty days after…”
— Colo. Rev. Stat. § 15-12-806(2) — 7 cases
Matter of Est. of Roddy, 784 P.2d 841 (Colo. Ct. App. 1989).
“She argues that §§ 15-12-806 and 15-12-807, C.R.S. (1987 Repl.”
Matter of Est. of Hall, 936 P.2d 592 (Colo. Ct. App. 1997).
“Claimant, Elizabeth Hartley, appeals the order of the district court dismissing her petition for allowance of claims pursuant to § 15-12-806, C.R.S. (1987 Repl.Vol. 6B). We vacate the order and remand the cause for further proceedings.”
Wishbone, Inc. v. Eppinger, 829 P.2d 434 (Colo. Ct. App. 1991).
“Section 15-12-806(1) provides, in pertinent part, that any claim disallowed by the personal representative is barred: “unless the claimant files a petition for allowance in the court or commences a proceeding against the personal representative not later than sixty days after…”
Harman v. Stillwell, 944 P.2d 665 (Colo. Ct. App. 1997).
“See § 15-12-806(1), C.R.S. (1987 Repl.Vol. 6B) (in case of disallowance of claim, creditor must petition probate court for allowance or commence separate proceeding within 60 days of notice of disallowance).”
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