26-12-120. Intestate estate - escheat.

Statute text

(1) If a resident dies without legal heirs and without a will disposing of his or her estate, all of the property, real and personal, shall pass to the state of Colorado for the sole use and benefit of the veterans center in which the resident lived at the time of his or her death, subject to the provisions of section 25.5-4-302, C.R.S., and subsection (2) of this section.

(2) (a) The personal property and effects of deceased residents shall be taken into possession by the administrator of the veterans center in which the resident lived at the time of his or her death and held in accordance with the rules of the state board.

(b) The rules of the state board must provide for a sufficient period of time, not to exceed one year, in which the heirs of a deceased resident may make claim to the deceased resident's property and effects. If a claim is not made to the property, the property may be sold, and the proceeds of the sale shall be placed in the benefit fund created by section 26-12-108 (2) for the personal use and benefit of other residents of the veterans center in which the resident lived at the time of his or her death, subject to claims as a result of appropriate judicial proceedings.

History

Source: L. 98: Entire article R&RE, p. 190, 1, effective April 10. L. 2006: (1) amended, p. 2019, 106, effective July 1. L. 2014: Entire section amended, (SB 14-096), ch. 59, p. 269, 19, effective August 6.

Annotations

Editor's note: This section is similar to former 26-12-308 as it existed prior to 1998.

Annotations

 

ANNOTATION

Annotations

Annotator's note. Since 26-12-120 is similar to former C.L. 707 and 708, a relevant case construing those provisions has been included in the annotations to this section.

Section to be read in light of estate administration provisions. This section should be read in connection with the statutes relating to administration of estates, so that they may be harmonized, if practicable. In cases where inmates of the home have died intestate, leaving no debts, and leaving articles of personal property of a value not sufficient to cover the cost of administration, the officers of the home doubtless were at a loss to know what to do with such property. Lacking authority to pass title, they could not sell it. This section was intended to apply in such a situation. It was not intended to apply where the property left was sufficient to justify administration, particularly where there are creditors. It is unreasonable to suppose that the general assembly intended, where an inmate leaves property of substantial value, that the property may be sold by the officers of the home and the proceeds, in default of heirs, placed to the credit of the general fund of the home, regardless of the claims of creditors. In re Estate of McManis, 94 Colo. 546, 31 P.2d 912 (1934).