2020 Colorado Revised Statutes
Title 15 - Probate, Trusts, And Fiduciaries
Article 12. Probate of Wills and Administration
Section 15-12-805. Classification of claims.
(1) The personal representative shall pay allowed claims against the estate of a decedent in the following order:
Property held by or in the possession of the deceased person as fiduciary or trustee ofa 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 15-10602, but subject to section 15-10-605, shall be paid from such property as determined by the court;
Other costs and expenses of administration;
Reasonable funeral and burial, interment, or cremation expenses;
Debts and taxes with preference under federal law;
Reasonable and necessary medical and hospital expenses of the last illness of thedecedent, including compensation of persons attending him or her;
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.
Source: L. 73: R&RE, p. 1593, § 1. C.R.S. 1963: § 153-3-805. L. 79: (1)(a) amended, p. 650, § 11, effective July 1. L. 91, 2nd Ex. Sess.: (1)(f.5) added, p. 91, § 7, effective October 16. L. 94: (1)(f.5) amended, p. 2647, § 113, effective July 1. L. 96: (1)(f.5) amended, p. 824, § 8, effective May 23. L. 2002: (1) amended, p. 653, § 9, effective July 1. L. 2006: (1)(f.5) amended,
p. 2002, § 49, effective July 1; (1)(f.7) added, p. 948, § 5, effective August 7. L. 2011: (1)(a) amended, (SB 11-083), ch. 101, p. 304, § 7, effective August 10. L. 2013: (1)(g) amended and (1)(h) added, (SB 13-077), ch. 190, p. 770, § 5, effective August 7. L. 2014: IP(1) and (1)(g) amended, (HB 14-1322), ch. 296, p. 1234, § 5, effective August 6. L. 2018: (1)(f.7) amended, (SB 18-092), ch. 38, p. 404, § 19, effective August 8.
Cross references: For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative intent contained in the 2006 act enacting subsection (1)(f.7), see section 8 of chapter 208, Session Laws of Colorado 2006. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.
