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2018 Colorado Revised Statutes
Title 15 - Probate, Trusts, and Fiduciaries
Colorado Probate Code
Article 11 - Intestate Succession and Wills
Part 12 - Uniform Disclaimer of Property Interests Act
§ 15-11-1213. When disclaimer barred or limited

Universal Citation: CO Rev Stat ยง 15-11-1213 (2018)
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  • (1) A disclaimer is barred by a written waiver of the right to disclaim.

  • (2) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:

    • (a) The disclaimant accepts the interest sought to be disclaimed;

    • (b) The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or

    • (c) A judicial sale of the interest sought to be disclaimed occurs.

  • (3) A disclaimer, in whole or in part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.

  • (4) A disclaimer, in whole or in part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.

  • (5) A disclaimer is barred or limited if so provided by law other than this part 12.

  • (6) A disclaimer of a power over property that is barred by this section is ineffective. A disclaimer of an interest in property that is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this part 12 had the disclaimer not been barred.

  • (7) Notwithstanding any other provision in this part 12, this part 12 shall not modify the construction of law or application of law with respect to:

    • (a) A disqualification of medical assistance benefits under title 25.5, C.R.S., to a disclaimant who is or was an applicant for or recipient of such benefits; or

    • (b) A recovery from the estate of a deceased recipient of such medical assistance benefits.

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