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CO HB1322

Bill

Status

Passed

5/31/2014

Primary Sponsor

Michael McLachlan

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Origin

House of Representatives

2014 Regular Session

AI Summary

  • Increases the supplemental elective-share amount for surviving spouses from $30,000 to $50,000, with cost-of-living adjustments, and adjusts the marital-property percentage schedule based on length of marriage (10-100% depending on years married).

  • Allows successors to access safe deposit box contents and collect personal property by affidavit without formal probate proceedings, expanding the types of property and increasing the asset threshold from $60,000 to twice the amount in section 15-11-403.

  • Creates new "directed trustee" provisions allowing trust advisors to direct trustee investment and non-investment decisions, with excluded trustees having no liability for following advisor directions except in cases of willful misconduct.

  • Modifies provisions for ademption of specific devises to allow a general pecuniary devise equal to the value of specifically devised property disposed of during the testator's lifetime, only if established that amounts were paid to or deposited with the court.

  • Makes technical changes to terminology (replacing "executor" with "personal representative") and adds provisions for interest on unsatisfied elective-share amounts commencing one year after court determination.

Legislative Description

Changes To Probate Code

Last Action

Governor Signed

5/31/2014

Committee Referrals

Judiciary4/15/2014
Committee of the Whole4/8/2014
Judiciary3/18/2014

Full Bill Text

No bill text available