No claim may be presented and no proceeding to enforce a claim against the estate of a decedent or his or her successors may be revived or commenced before the appointment of a personal representative, except as permitted by section 15-12-804. After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by this article. After distribution, a creditor whose claim has not been barred may recover from the distributees as provided in section 15-12-1004 or from a former personal representative individually liable as provided in section 15-12-1005. This section has no application to a proceeding by a secured creditor of the decedent to enforce his or her right to his or her security except as to any deficiency judgment that might be sought therein.
Source: L. 73: R&RE, p. 1565, § 1. C.R.S. 1963: § 153-3-104. L. 2006: Entire section amended, p. 373, § 1, effective July 1.
Structure Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 12 - Probate of Wills and Administration
§ 15-12-101. Devolution of Estate at Death; Restrictions
§ 15-12-102. Necessity of Order of Probate for Will
§ 15-12-103. Necessity of Appointment for Administration
§ 15-12-104. Claims Against Decedent
§ 15-12-105. Proceedings Affecting Devolution and Administration - Jurisdiction of Subject Matter
§ 15-12-107. Scope of Proceedings - Proceedings Independent - Exception
§ 15-12-108. Probate, Testacy, and Appointment Proceedings - Ultimate Time Limit
§ 15-12-109. Statutes of Limitations on Decedent's Cause of Action