(II) Notwithstanding any provision of subparagraph (I) of this paragraph (c) to the contrary, if a criminal proceeding is commenced in a court of this state or in another jurisdiction against an individual for the felonious killing of the decedent, a petition brought under paragraph (b) of this subsection (7) may be filed so long as the petition is filed no later than one year after all right to appeal has been waived or exhausted following an entry of a judgment of conviction, or a dismissal, or an acquittal in the criminal proceeding. However, if the death and the possible culpability of the slayer for the felonious slaying of the decedent is not known to the petitioner within the three-year period of limitations established pursuant to subparagraph (I) of this paragraph (c), the accrual of the action under paragraph (b) of this subsection (7) and the possibility of the tolling of the running of the three-year period of limitation under subparagraph (I) of this paragraph (c) shall be determined according to the principles of accrual and tolling established by case law with respect to similar limitations established under section 13-80-108, C.R.S.
Source: L. 94: Entire part R&RE, p. 1027, § 3, effective July 1, 1995. L. 2011: (7) amended, (SB 11-083), ch. 101, p. 302, § 3, effective August 10.
Editor's note: This section is similar to former § 15-11-803 as it existed prior to 1995.
Structure Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 11 - Intestate Succession and Wills
Part 8 - General Provisions Concerning Probate and Nonprobate Transfers
§ 15-11-802. Effect of Divorce, Annulment, and Decree of Separation
§ 15-11-805. Ownership of Personal Property Between Spouses
§ 15-11-806. Reformation to Correct Mistakes
§ 15-11-807. Modification to Achieve Transferor's Tax Objectives