In allowing a claim the personal representative may deduct any counterclaim which the estate has against the claimant. In determining a claim against an estate a court shall reduce the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the claim, render a judgment against the claimant in the amount of the excess. A counterclaim, liquidated or unliquidated, may arise from a transaction other than that upon which the claim is based. A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim.
Source: L. 73: R&RE, p. 1596, § 1. C.R.S. 1963: § 153-3-811.
Structure Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 12 - Probate of Wills and Administration
§ 15-12-801. Notice to Creditors
§ 15-12-802. Statutes of Limitations
§ 15-12-803. Limitations on Presentation of Claims
§ 15-12-804. Manner of Presentation of Claims
§ 15-12-805. Classification of Claims
§ 15-12-806. Allowance of Claims
§ 15-12-807. Payment of Claims
§ 15-12-808. Individual Liability of Personal Representative
§ 15-12-810. Claims Not Due and Contingent or Unliquidated Claims
§ 15-12-812. Execution and Levies Prohibited
§ 15-12-813. Compromise of Claims
§ 15-12-814. Encumbered Assets
§ 15-12-815. Administration in More Than One State - Duty of Personal Representative
§ 15-12-816. Final Distribution to Domiciliary Representative