2012 Foundation
Bill # Short TitleSponsorsBill SummaryMost Recent StatusCalendar NotificationNews Links
SB12-131Duty Search For Designated Beneficiary Agreements GUZMAN A personal representative in any probate proceeding regarding a decedent's estate shall not be surcharged for making distributions to devisees or heirs at law that do not take into consideration a designated beneficiary agreement (DBA) if:
* The personal representative has made a search in every county in which the personal representative has actual knowledge that the decedent was domiciled at any time during the 3 years prior to the decedent's death for a recorded, unrevoked DBA in which the decedent granted the right of intestate succession; and
* The personal representative has not received actual notice nor has actual knowledge of the existence of a valid, unrevoked DBA in which the decedent granted the right of intestate succession. A personal representative or trustee is not individually or personally liable for making a distribution of property to devisees or heirs at law that does not take into consideration the right of a party to a DBA to inherit property due to a valid, unrevoked DBA if the personal representative or trustee complied with the fiduciary duty to search for the existence of a DBA and does not have actual notice or actual knowledge of the existence of a valid, unrevoked DBA in which the decedent granted a right of intestate succession. 
04/13/2012 Governor Action - Signed
NOT ON CALENDARGov. Hickenlooper signs several bills