If any assets of the estate are encumbered by mortgage, pledge, lien, or other security interest, the personal representative may pay the encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance, or convey or transfer the assets to the creditor in satisfaction of his lien, in whole or in part, whether or not the holder of the encumbrance has presented a claim, if it appears to be in the best interest of the estate. Payment of an encumbrance does not increase the share of the distributee entitled to the encumbered assets unless the distributee is entitled to exoneration.
Source: L. 73: R&RE, p. 1596, § 1. C.R.S. 1963: § 153-3-814. L. 75: Entire section amended, p. 599, § 36, effective July 1.
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