2021 Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 12 - Probate of Wills and Administration
Part 10 - Closing Estates
§ 15-12-1005. Limitations on Proceedings Against Personal Representative
Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to assert the same is commenced within six months after the filing of the closing statement. The rights thus barred do not include rights to recover from a personal representative for fraud, misrepresentation, or inadequate disclosure related to the settlement of the decedent's estate.
History. Source: L. 73: R&RE, p. 1606, § 1. C.R.S. 1963: § 153-3-1005. History. Source: L. 73: R&RE, p. 1606, § 1. C.R.S. 1963: § 153-3-1005.
ANNOTATION
Court may revoke order and reopen proceedings irregularly made. A probate court may revoke its orders and reopen proceedings with respect to the settlement of estates which have been irregularly made or procured by fraud or mistake. Lembach v. Lembach, 622 P.2d 606 (Colo. App. 1980).
Applied in In re Estate of Daigle, 634 P.2d 71 (Colo. 1981).
