2021 Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 12 - Probate of Wills and Administration
Part 9 - Special Provisions Relating to Distribution
§ 15-12-910. Purchasers From Distributees Protected

If property distributed in kind or a security interest therein is acquired for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution from the personal representative, or is so acquired by a purchaser from or lender to a transferee from such distributee, the purchaser or lender takes title free of rights of any interested person in the estate and incurs no personal liability to the estate, or to any interested person, whether or not the distribution was proper or supported by court order and whether or not the authority of the personal representative was terminated prior to execution of the instrument or deed. This section protects a purchaser from or lender to a distributee who, as personal representative, has executed a deed of distribution to himself, as well as a purchaser from or lender to any other distributee or his transferee. To be protected under this provision, a purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind, even if the personal representative and the distributee are the same person, or whether the authority of the personal representative had terminated prior to the distribution. For purposes of this section, any recorded instrument evidencing a transfer to a purchaser from or lender to a distributee on which a state documentary fee is noted pursuant to section 39-13-103 , C.R.S., shall be prima facie evidence that such transfer was made for value.

History. Source: L. 73: R&RE, p. 1599, § 1. C.R.S. 1963: § 153-3-910. L. 75: Entire section R&RE, p. 599, § 37, effective July 1. History. Source: L. 73: R&RE, p. 1599, § 1. C.R.S. 1963: § 153-3-910. L. 75: Entire section R&RE, p. 599, § 37, effective July 1.