15-5-1404. Application to existing relationships.
Statute text
(1) Except as otherwise provided in this article 5, including section 15-5-508, on January 1, 2019:
(a) This article 5 applies to all trusts created before, on, or after January 1, 2019;
(b) This article 5 applies to all judicial proceedings concerning trusts commenced on or after January 1, 2019;
(c) This article 5 applies to judicial proceedings concerning trusts commenced before January 1, 2019, unless the court finds that application of a particular provision of this article 5 would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this article 5 does not apply and the superseded law applies;
(d) Any rule of construction or presumption provided in this article 5 applies to trust instruments executed before January 1, 2019, unless there is a clear indication of a contrary intent in the terms of the trust; and
(e) An act done before January 1, 2019, is not affected by this article 5.
(2) If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run pursuant to any other statute before January 1, 2019, then the period prescribed by that statute as it existed prior to January 1, 2019, continues to apply to the right, even if the statute has been repealed or suspended.
History
Source: L. 2018: Entire article added, (SB 18-180), ch. 169, p. 1191, 1, effective January 1, 2019. L. 2021: IP(1) amended, (SB 21-162), ch. 170, p. 944, 4, effective September 7.
COLORADO PROBATE CODE
Annotations
Editor's note: (1) Articles 10 to 17 of this title were numbered as articles 1 to 8 of chapter 153, C.R.S. 1963. The substantive provisions of these articles were repealed and reenacted in 1973, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to these articles prior to 1973, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume. For a detailed comparison of these articles, see the comparative tables located in the back of the index.
(2) Articles 10 to 17 of this title, the Colorado Probate Code, are an adaptation of the Uniform Probate Code with some additions, deletions, and changes. The comments appearing with the Uniform Probate Code located on the National Conference of Commissioners on Uniform State Laws website would be helpful in understanding certain sections of this code.
Annotations
Cross references: For dead man's statute, see 13-90-102; for investment of estate funds, see part 3 of article 1 of this title; for investment of veterans' estate funds, see 28-5-301; for estate income tax, see 39-22-104; for rule against perpetuities nullified as to designated trust, see 38-30-110 to 38-30-114; for motor vehicle title by bequest or inheritance, see 42-6-114; for uniform veterans' guardianship law, see part 2 of article 5 of title 28; for powers of appointment as affecting wills and estates, see article 2 of this title; for witnesses, see part 1 of article 90 of title 13; for the Colorado estate tax, see article 23.5 of title 39.
ARTICLE 10
GENERAL PROVISIONS, DEFINITIONS,
JURISDICTION
Annotations
Law reviews: For article, "The Revocable Living Trust Revisited", see 18 Colo. Law. 225 (1989); for article, "Twenty-Six Reasons for Caution in Using Revocable Trusts", see 21 Colo. Law. 1131 (1992).
Section
PART 1 SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS
15-10-101. Short title.
15-10-102. Purposes - rule of construction.
15-10-103. Supplementary general principles of law applicable.
15-10-104. Severability.
15-10-105. Construction against implied repeal.
15-10-106. Effect of fraud and evasion.
15-10-106.5. Petition to determine cause and date of death resulting from disaster - body unidentifiable or missing.
15-10-107. Evidence of death or status.
15-10-108. Acts by holder of general power.
15-10-109. Remarriage of absentee's spouse.
15-10-110. Insurance and other contracts - surrender value - effect of contract provisions - suit on claim of death.
15-10-111. Entry into safe deposit box of decedent - definitions.
15-10-112. Cost of living adjustment of certain dollar amounts.
PART 2 DEFINITIONS
15-10-201. General definitions.
PART 3 SCOPE, JURISDICTION, AND COURTS
15-10-301. Territorial application.
15-10-302. Subject matter jurisdiction.
15-10-303. Venue - multiple proceedings - transfer.
15-10-304. Practice in court.
15-10-305. Records and certified copies.
15-10-306. Jury trial.
15-10-307. Registrar - powers.
15-10-308. Appeals.
15-10-309. (Reserved)
15-10-310. Oath or affirmation on filed document.
PART 4 NOTICE, PARTIES, AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS
15-10-401. Notice - method and time of giving.
15-10-402. Notice - waiver.
15-10-403. Pleadings - when parties bound by others - notice.
PART 5 FIDUCIARY OVERSIGHT, REMOVAL, SANCTIONS, AND CONTEMPT
15-10-501. Court powers - definitions - application.
15-10-502. Initial investigation.
15-10-503. Power of a court to address the conduct of a fiduciary - emergencies - nonemergencies.
15-10-504. Surcharge - contempt - sanctions against fiduciaries.
15-10-505. Notice to fiduciary - current address on file.
PART 6 COMPENSATION AND COST RECOVERY
15-10-601. Definitions.
15-10-602. Recovery of reasonable compensation and costs.
15-10-603. Factors in determining the reasonableness of compensation and costs.
15-10-604. Fee disputes - process and procedure.
15-10-605. Compensation and costs - assessment - limitations.
15-10-606. Applicability.