Colo. Rev. Stat. » Title 15
Colorado Revised Statutes

Colo. Rev. Stat. § 15-12-903 (2026)

Right of retainer

✓ current as of July 2026
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Unless a contrary intent is indicated by the will, the amount of a noncontingent indebtedness of a successor to the estate if due, or its present value if not due, shall be offset against the successor's interest; but the successor has the benefit of any defense which would be available to him in a direct proceeding for recovery of the debt.

Source: L. 73: R&RE, p. 1598, § 1. C.R.S. 1963: § 153-3-903.

Cross references: For debts to a decedent, see § 15-11-110.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: Matter of Sewell Props. Trust (Colo. Ct. App. 2025).
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Matter of Sewell Props. Trust (Colo. Ct. App. 2025). · cites it 2× “24 ¶ 63 The trustee asserted that he was permitted to offset or surcharge McDonald’s distribution pursuant to section 15-12-903, C.R.S. 2024. That provision is inapplicable here, as it relates to distributions from wills — not trusts.”
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