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Colorado Revised Statutes Title 15. Probate, Trusts, and Fiduciaries § 15-10-601. Definitions

Current as of January 01, 2025 | Updated by Findlaw Staff

As used in this part 6, unless the context otherwise requires:

(1) “Estate” means the property of the decedent, trust, or other person whose affairs are subject to this code or any code included as part of this title 15 as the estate is originally constituted and as the estate exists from time to time during administration. “Estate” includes custodial property as described in the “Colorado Uniform Transfers to Minors Act”, article 50 of title 11; custodial trust property as described in the “Colorado Uniform Custodial Trust Act”, article 1.5 of this title 15; and the property of a principal that is subject to a power of attorney.

(2) “Fiduciary” means:

(a) A personal representative, guardian, conservator, trust director, or trustee;

(b) A custodian as described in the “Colorado Uniform Transfers to Minors Act”, article 50 of title 11, C.R.S.;

(c) A custodial trustee as described in the “Colorado Uniform Custodial Trust Act”, article 1.5 of this title;

(d) An agent as defined in sections 15-10-201(1), 15-14-602(3), and 15-14-702(1); and

(e) A public administrator as described in section 15-12-619.

(3)(a) “Governing instrument” means a will or a trust or a donative, appointive, or nominative instrument of any other type, including but not limited to:

(I) An instrument that creates a custodial transfer as described in the “Colorado Uniform Transfers to Minors Act”, article 50 of title 11, C.R.S.;

(II) A custodial trust as described in the “Colorado Uniform Custodial Trust Act”, article 1.5 of this title;

(III) A medical durable power of attorney as described in section 15-14-506;

(IV) An agency instrument as defined in section 15-14-602(2);

(V) A power of attorney as defined in section 15-14-702(7);

(VI) A court order appointing a guardian as described in parts 2 and 3 of article 14 of this title; and

(VII) A court order appointing a conservator as described in part 4 of article 14 of this title.

(b) “Governing instrument” does not include a deed; an insurance or annuity policy; a multiple-party account; a security registered in beneficiary form; a pension; a profit-sharing, retirement, or similar benefit plan; or an individual retirement account.

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Cite this article: FindLaw.com - Colorado Revised Statutes Title 15. Probate, Trusts, and Fiduciaries § 15-10-601. Definitions - last updated January 01, 2025 | https://codes.findlaw.com/co/title-15-probate-trusts-and-fiduciaries/co-rev-st-sect-15-10-601/

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