2020 Colorado Revised Statutes
Title 15 - Probate, Trusts, And Fiduciaries
Article 12. Probate of Wills and Administration
Section 15-12-808. Individual liability of personal representative.
(1) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he fails to reveal his representative capacity and identify the estate in the contract.
A personal representative is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if he is personally at fault.
Claims based on contracts entered into by a personal representative in his fiduciarycapacity on obligations arising from ownership or control of the estate or on torts committed in the course of estate administration may be asserted against the estate by proceeding against the personal representative in his fiduciary capacity, whether or not the personal representative is individually liable therefor.
Issues of liability as between the estate and the personal representative individuallymay be determined:
In a proceeding pursuant to section 15-10-504;
In a proceeding for accounting, surcharge, indemnification, sanctions, or removal; or(c) In other appropriate proceedings.
(5) A personal representative is not individually liable for making distributions that do not take into consideration the possible birth of a posthumously conceived child if the personal representative made the distribution prior to:
Receiving notice or acquiring actual knowledge of the existence of an intention touse an individual's genetic material to create a child; and
The birth of the child could affect the distribution of the decedent's estate.
(6) If a personal representative has reviewed the records of the county clerk and recorder in every county in Colorado in which the personal representative has actual knowledge that the decedent was domiciled at any time during the three years prior to the decedent's death and the personal representative does not have actual notice or actual knowledge of the existence of a valid, unrevoked designated beneficiary agreement in which the decedent granted the right of intestate succession, the personal representative shall not be individually liable for distributions made to devisees or heirs at law that do not take into consideration the designated beneficiary agreement.
Source: L. 73: R&RE, p. 1595, § 1. C.R.S. 1963: § 153-3-808. L. 2008: (4) amended, p. 484, § 8, effective July 1. L. 2010: (5) added, (SB 10-199), ch. 374, p. 1752, § 16, effective July 1. L. 2011: IP(5) and (5)(a) amended, (SB 11-083), ch. 101, p. 304, § 8, effective August 10. L. 2012: (6) added, (SB 12-131), ch. 114, p. 393, § 2, effective April 13.
Cross references: For provisions relating to the time of taking effect or the provisions for transition of this code, see § 15-17-101.
