(1) (a) All claims against a decedent's estate that arose before the death of the decedent, including claims of the state of Colorado and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by other statutes of limitations, are barred against the estate, the personal representative, any transferee or other person incurring liability under section 15-15-103, and the heirs and devisees of the decedent, unless presented as follows:
As to creditors barred by publication, within the time set in the published notice tocreditors;
As to creditors barred by written notice, within the time set in the written notice;(III) As to all creditors, within one year after the decedent's death.
(b) In addition to the limitations on presentation of claims in paragraph (a) of this subsection (1), claims barred by the nonclaim statute at the decedent's domicile are also barred in this state.
(2) All claims against a decedent's estate that arise at or after the death of the decedent, including claims of the state and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, are barred against the estate, the personal representative, any transferee or other person incurring liability under section 15-15-103, and the heirs and devisees of the decedent, unless presented as follows:
(a) A claim based on a contract with the personal representative, within four months after performance by the personal representative is due; (b) Any other claim, within four months after it arises.
(3) Nothing in this section affects or prevents:
Any proceeding to enforce any mortgage, pledge, or other lien upon property of theestate;
To the limits of the insurance protection only, any proceeding to establish liability ofthe decedent or the personal representative for which he is protected by liability insurance; or
Collection of compensation for services rendered and reimbursement for expensesadvanced by the personal representative or by the attorney or accountant for the personal representative of the estate.
This section is a nonclaim statute that cannot be waived or tolled, and it shall not beconsidered a statute of limitations.
Unless section 15-10-106 is determined to apply, and subject to the provisions ofsubsection (3) of this section, claims that are not presented in accordance with subsections (1) and (2) of this section are barred even if addressing the merits of the claim would not delay the settlement and distribution of the estate.
Source: L. 73: R&RE, p. 1592, § 1. C.R.S. 1963: § 153-3-803. L. 75: (3)(c) added, p. 598, § 34, effective July 1. L. 79: (1)(a) amended, p. 650, § 10, effective July 1. L. 90: (1) R&RE, p. 905, § 3, effective July 1. L. 2006: IP(1)(a) and IP (2) amended and (4) and (5) added, p. 373, § 2, effective July 1.