Colorado Code
Part 12 - Collection of Personal Property by Affidavit and Summary Administration Procedure for Small Estates
§ 15-12-1201. Collection of Personal Property by Affidavit

(1.5) An instrument or other property that is payable or deliverable to a decedent or to the estate of a decedent is considered property of the decedent subject to subsection (1) of this section. A successor or person acting on behalf of a successor under subsection (1) of this section may endorse an instrument that is so payable and collect such amount.


(3.5) In the event that an instrument or other evidence of an indebtedness is secured by real property, in order to act on behalf of the holder of the indebtedness secured by a mortgage, deed of trust, or other security document, the person making the affidavit must record, with the clerk and recorder of the county where the real property is located, a copy of the affidavit and a copy of the decedent's death certificate or a verification of death document.
(3.7) Pursuant to section 15-10-111 (1)(a)(I) and (1)(b), a safe deposit box may be entered and its contents shall be delivered upon presentation of an affidavit made pursuant to subsection (1) of this section.


Source: L. 73: R&RE, p. 1607, § 1. C.R.S. 1963: § 153-3-1201. L. 75: (1)(d) amended, p. 600, § 40, effective July 1. L. 77: IP(1) amended and (3) added, p. 835, § 21, effective July 1. L. 81: (1)(a) amended, p. 915, § 11, effective July 1. L. 91: (1)(a) amended, p. 1449, § 12, effective July 1. L. 2002: (1)(a) amended, p. 652, § 7, effective July 1. L. 2011: (1)(a) amended, (SB 11-083), ch. 101, p. 306, § 11, effective August 10. L. 2013: IP(1) amended, (SB 13-077), ch. 190, p. 771, § 6, effective August 7. L. 2014: IP(1), (1)(a), and (1)(d) amended and (1.5), (3.5), (3.7), and (4) added, (HB 14-1322), ch. 296, p. 1234, § 6, effective August 6.
Editor's note: The amendments to this section made after July 1, 1974, are not affected by the provisions of § 15-12-1205.

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