2018 Colorado Revised Statutes
Title 15 - Probate, Trusts, and Fiduciaries
Colorado Probate Code
Article 12 - Probate of Wills and Administration
Part 8 - Creditors' Claims
§ 15-12-805. Classification of claims
(1) The personal representative shall pay allowed claims against the estate of a decedent in the following order:
(a) Property held by or in the possession of the deceased person as fiduciary or trustee of a trust, which shall include a resulting trust, as long as the reasonable expenses of administering such property and of investigating and determining such claim, as provided by section 15-10-602, but subject to section 15-10-605, shall be paid from such property as determined by the court;
(b) Other costs and expenses of administration;
(c) Reasonable funeral and burial, interment, or cremation expenses;
(d) Debts and taxes with preference under federal law;
(e) Reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending him or her;
(f) Debts and taxes with preference under other laws of this state;
(f.5) The claim of the department of health care policy and financing for the net amount of medical assistance, as defined in section 25.5-4-302 (5), C.R.S., paid to or for the decedent;
(f.7) The claim of a county department of human or social services or the state department of human services for the excess public assistance paid for which the recipient was ineligible;
(g) Any child support obligations of the decedent that were due and unpaid at death in accordance with a valid court order or agreement of record in which the decedent was a party, and any future child support obligations of the decedent as determined by the court;
(h) All other claims.
(2) No preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to a preference over claims not due.
