First Regular Session
Sixty-second General Assembly
LLS NO. 99-0305.01 Jennifer Gilroy SENATE BILL 99-078
STATE OF COLORADO
BY SENATOR Pascoe
JUDICIARY
STATE, VETERANS, & MILITARY AFFAIRS
A BILL FOR AN ACT
101 CONCERNING INTESTATE SUCCESSION FOR COMMITTED PARTNERS, AND, IN
102 CONNECTION THEREWITH, INSTITUTING A PROCEDURE FOR THE
103 ESTABLISHMENT OF COMMITTED PARTNERSHIPS.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Amends the provisions of the "Colorado Probate Code" addressing
intestacy succession to authorize committed partners to stand in the same
position and inherit from their deceased partners in the same manner that
a surviving spouse would inherit from his or her deceased spouse.
Defines "committed partner" and "committed partnership" and the
qualifications therefor. Provides that a committed partnership shall be
established when both parties to the partnership execute an affidavit of
committed partnership and file it with the county clerk and recorder in the
county in which at least one of the partners is domiciled.
Specifies that a committed partnership shall be terminated when
one or both partners dies, when one of the partners no longer meets one
or more of the requirements for committed partnerships, or when one or
both of the partners executes an affidavit of termination of committed
partnership. In order to effectuate the termination, permits the surviving
partner to file a copy of the deceased partner's death certificate or requires
a partner to file an affidavit of termination with the county clerk and
recorder.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 15-10-201, Colorado Revised Statutes, is amended
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to
2 read:
3 15-10-201. General definitions. Subject to additional definitions
4 contained in the subsequent articles that are applicable to specific articles,
5 parts, or sections, and unless the context otherwise requires, in this code:
6 (8.3) "COMMITTED PARTNER" AND "PARTNER" SHALL HAVE THE
7 SAME MEANING AS SET FORTH IN SECTION 13-23-101 (1), C.R.S.
8 (8.5) "COMMITTED PARTNERSHIP" SHALL HAVE THE SAME MEANING
9 AS SET FORTH IN SECTION 13-23-101 (2), C.R.S.
10 SECTION 2. 15-11-102, Colorado Revised Statutes, is amended
11 to read:
12 15-11-102. Share of spouse or committed partner. The various
13 possible circumstances describing the decedent, his or her surviving
14 spouse, HIS OR HER SURVIVING COMMITTED PARTNER, and their surviving
15 descendants, if any, are set forth in this section to be utilized in
16 determining the intestate share of the decedent's surviving spouse OR
17 SURVIVING COMMITTED PARTNER. If more than one circumstance is
18 applicable, the circumstance that produces the largest share for the
19 surviving spouse OR SURVIVING COMMITTED PARTNER shall be applied.
20 (1) If:
21 (a) No descendant or parent of the decedent survives the decedent,
22 then the surviving spouse OR SURVIVING COMMITTED PARTNER receives
23 the entire intestate estate; or
24 (b) All of the decedent's surviving descendants are also
25 descendants of the surviving spouse OR SURVIVING COMMITTED PARTNER
26 and there are no other descendants of the surviving spouse OR SURVIVING
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1 COMMITTED PARTNER who survive the decedent, then the surviving
2 spouse OR SURVIVING COMMITTED PARTNER receives the entire intestate
3 estate;
4 (2) If no descendant of the decedent survives the decedent, but a
5 parent of the decedent survives the decedent, then the surviving spouse
6 OR SURVIVING COMMITTED PARTNER receives the first two hundred
7 thousand dollars, plus three-fourths of any balance of the intestate estate;
8 (3) If all of the decedent's surviving descendants are also
9 descendants of the surviving spouse OR SURVIVING COMMITTED PARTNER,
10 and the surviving spouse OR SURVIVING COMMITTED PARTNER has one or
11 more surviving descendants who are not descendants of the decedent,
12 then the surviving spouse OR SURVIVING COMMITTED PARTNER receives
13 the first one hundred fifty thousand dollars, plus one-half of any balance
14 of the intestate estate;
15 (4) If one or more of the decedent's surviving descendants are not
16 descendants of the decedent's surviving spouse OR SURVIVING COMMITTED
17 PARTNER, and all of such surviving descendants who are children of the
18 decedent are adults, then the surviving spouse OR SURVIVING COMMITTED
19 PARTNER receives the first one hundred thousand dollars, plus one-half of
20 any balance of the intestate estate;
21 (5) If one or more of the decedent's surviving descendants are not
22 descendants of the decedent's surviving spouse OR SURVIVING COMMITTED
23 PARTNER, and if one or more of such descendants who are children of the
24 decedent are minors, then the surviving spouse OR SURVIVING COMMITTED
25 PARTNER receives one-half of the intestate estate.
26 SECTION 3. 15-11-103, Colorado Revised Statutes, is amended
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1 to read:
2 15-11-103. Share of heirs other than surviving spouse or
3 surviving committed partner. Any part of the intestate estate not
4 passing to the decedent's surviving spouse OR SURVIVING COMMITTED
5 PARTNER under section 15-11-102, or the entire intestate estate if there is
6 no surviving spouse OR SURVIVING COMMITTED PARTNER, passes in the
7 following order to the individuals designated who survive the decedent:
8 (1) To the decedent's descendants per capita at each generation;
9 (2) If there is no surviving descendant, to the decedent's parents
10 equally if both survive, or to the decedent's surviving parent;
11 (3) If there is no surviving descendant or surviving parent, to the
12 surviving descendants of the decedent's parents or either of them per
13 capita at each generation;
14 (4) If there is no surviving descendant, surviving parent, or
15 surviving descendant of a parent, to the decedent's surviving
16 grandparents, or any of them, in equal shares;
17 (5) If there is no surviving descendant, surviving parent, surviving
18 descendant of a parent, or surviving grandparent, to the surviving
19 descendants of the decedent's grandparents per capita at each generation;
20 (6) If there is no surviving heir under subsections (1) to (5) of this
21 section, and if a birth child or birth children file a claim for inheritance
22 with the court having probate jurisdiction for the decedent's estate within
23 ninety days of decedent's death, to the decedent's surviving birth child or
24 children per capita at each generation. For purposes of this subsection
25 (6), the term "birth child" means a child who was born to, but adopted
26 away from, his or her natural parent.
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1 (7) If there is no surviving heir or birth child under subsections (1)
2 to (6) of this section, and if a birth parent or birth parents file a claim for
3 inheritance with the court having probate jurisdiction for the decedent's
4 estate within ninety days of decedent's death, to the decedent's birth
5 parents equally if both survive, or to the surviving birth parent. For
6 purposes of this subsection (7), the term "birth parent" means the natural
7 parent of a child who was born to, but adopted away from, the natural
8 parent.
9 SECTION 4. Title 13, Colorado Revised Statutes, is amended
10 BY THE ADDITION OF A NEW ARTICLE to read:
11 ARTICLE 23
12 Committed Partnerships
13 13-23-101. Definitions. FOR PURPOSES OF THIS ARTICLE:
14 (1) "COMMITTED PARTNER" OR "PARTNER" MEANS A PERSON WHO
15 IS A PARTY TO A COMMITTED PARTNERSHIP.
16 (2) "COMMITTED PARTNERSHIP" MEANS A PARTNERSHIP BETWEEN
17 TWO PERSONS WHO ARE EIGHTEEN YEARS OF AGE OR OLDER AND WHO
18 SHARE A RELATIONSHIP. A COMMITTED PARTNERSHIP SHALL BE
19 ESTABLISHED WHEN ALL OF THE FOLLOWING CRITERIA ARE MET:
20 (a) NEITHER PERSON IS MARRIED OR A PARTNER IN ANOTHER
21 COMMITTED PARTNERSHIP;
22 (b) THE COMMITTED PARTNERS WOULD NOT BE PERMITTED TO
23 MARRY EACH OTHER UNDER THE LAWS OF THIS STATE;
24 (c) THE TWO PERSONS ARE NOT RELATED BY BLOOD IN A WAY THAT
25 WOULD PREVENT THEM FROM BEING MARRIED TO ONE ANOTHER UNDER
26 SECTION 14-2-110, C.R.S.;
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1 (d) NEITHER PARTNER HAS TERMINATED THE COMMITTED
2 PARTNERSHIP PURSUANT TO SECTION 13-23-102; AND
3 (e) THE PARTNERS HAVE EXECUTED AND FILED WITH THE COUNTY
4 CLERK AND RECORDER AN AFFIDAVIT OF COMMITTED PARTNERSHIP,
5 PURSUANT TO SECTION 13-23-102, ATTESTING TO THE FOREGOING
6 REQUIREMENTS.
7 13-23-102. Establishment and termination of committed
8 partnership. (1) A COMMITTED PARTNERSHIP SHALL BE ESTABLISHED
9 WHEN:
10 (a) BOTH PARTIES TO THE PARTNERSHIP EXECUTE BEFORE A
11 NOTARY PUBLIC AN AFFIDAVIT OF COMMITTED PARTNERSHIP IN THE
12 FORMAT SET FORTH IN SUBSECTION (4) OF THIS SECTION ATTESTING TO THE
13 FACTS DESCRIBED IN SECTION 13-23-101 (2); AND
14 (b) ONE OR BOTH PARTNERS FILE THE NOTARIZED AFFIDAVIT OF
15 COMMITTED PARTNERSHIP WITH THE CLERK AND RECORDER IN THE
16 COUNTY IN WHICH AT LEAST ONE OF THE PARTNERS IS DOMICILED.
17 (2) UPON RECEIPT OF A FULLY EXECUTED AND NOTARIZED
18 AFFIDAVIT OF COMMITTED PARTNERSHIP, THE COUNTY CLERK AND
19 RECORDER SHALL COLLECT FROM THE PARTNERS A FILING FEE OF SEVEN
20 DOLLARS.
21 (3) (a) A COMMITTED PARTNERSHIP SHALL TERMINATE WHEN ONE
22 OR BOTH OF THE PARTNERS DIES, WHEN ONE OF THE PARTNERS NO LONGER
23 MEETS ONE OR MORE OF THE REQUIREMENTS SET FORTH IN THE DEFINITION
24 OF COMMITTED PARTNERSHIP SET FORTH IN SECTION 13-23-101 (2), OR
25 WHEN ONE OR BOTH OF THE PARTNERS EXECUTES AN AFFIDAVIT OF
26 TERMINATION OF COMMITTED PARTNERSHIP AND FILES SUCH AFFIDAVIT
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1 WITH THE OFFICE OF THE COUNTY CLERK AND RECORDER IN THE COUNTY
2 IN WHICH THE ORIGINAL AFFIDAVIT OF COMMITTED PARTNERSHIP WAS
3 FILED.
4 (b) WHEN A COMMITTED PARTNERSHIP TERMINATES BY REASON OF
5 THE DEATH OF ONE OF THE PARTNERS, THE SURVIVING PARTNER MAY FILE
6 A COPY OF THE DECEASED PARTNER'S DEATH CERTIFICATE WITH THE OFFICE
7 OF THE COUNTY CLERK AND RECORDER IN THE COUNTY IN WHICH THE
8 ORIGINAL AFFIDAVIT OF COMMITTED PARTNERSHIP WAS FILED.
9 (c) WHEN A COMMITTED PARTNERSHIP TERMINATES, OTHER THAN
10 BY REASON OF THE DEATH OF ONE OF THE PARTNERS, ONE OR BOTH OF THE
11 COMMITTED PARTNERS SHALL EXECUTE AN AFFIDAVIT OF TERMINATION OF
12 COMMITTED PARTNERSHIP BEFORE A NOTARY PUBLIC, NAMING THE
13 PARTNERS AND STATING THAT THE PARTNERSHIP HAS ENDED. THE
14 AFFIDAVIT OF TERMINATION OF COMMITTED PARTNERSHIP SHALL BE IN THE
15 FORMAT SET FORTH IN SUBSECTION (4) OF THIS SECTION. IF ONLY ONE
16 PARTNER EXECUTES AN AFFIDAVIT OF TERMINATION OF COMMITTED
17 PARTNERSHIP, THAT PARTNER SHALL ALSO ATTEST TO THE FACT THAT HE
18 OR SHE HAS SENT A COPY OF THE AFFIDAVIT OF TERMINATION TO THE
19 OTHER PARTNER AT THE OTHER PARTNER'S LAST-KNOWN ADDRESS BY
20 REGISTERED MAIL, RETURN RECEIPT REQUESTED.
21 (d) THE AFFIDAVIT OF TERMINATION OF A COMMITTED
22 PARTNERSHIP SHALL BE FILED WITH THE CLERK AND RECORDER IN THE
23 COUNTY IN WHICH THE ORIGINAL AFFIDAVIT OF COMMITTED PARTNERSHIP
24 WAS FILED. UPON RECEIPT OF AN AFFIDAVIT OF TERMINATION OF
25 COMMITTED PARTNERSHIP, THE COUNTY CLERK AND RECORDER SHALL
26 COLLECT FROM THE PARTNER OR PARTNERS A FILING FEE OF SEVEN
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1 DOLLARS.
2 (e) THE FILING OF AN AFFIDAVIT OF TERMINATION OF A COMMITTED
3 PARTNERSHIP OR THE FILING OF THE DEATH CERTIFICATE OF A COMMITTED
4 PARTNER SHALL TERMINATE THE COMMITTED PARTNERSHIP AS OF THE
5 DATE OF EXECUTION OF THE AFFIDAVIT OR AS OF THE DATE OF DEATH.
6 (4) (a) THE AFFIDAVIT OF COMMITTED PARTNERSHIP SHALL BE IN
7 SUBSTANTIAL COMPLIANCE WITH THE FOLLOWING FORMAT:
8 AFFIDAVIT OF COMMITTED PARTNERSHIP
9 THE UNDERSIGNED, BEING DULY SWORN, HEREBY
10 DECLARE AND SAY:
11 1. EACH OF US IS AN UNMARRIED PERSON EIGHTEEN YEARS
12 OF AGE OR OLDER AND COMPETENT TO CONTRACT;
13 2. NEITHER OF US HAS ANY OTHER COMMITTED PARTNER;
14 3. WE ARE NOT PERMITTED TO MARRY UNDER THE LAW OF
15 THE STATE;
16 4. NEITHER OF US WOULD BE PROHIBITED FROM MARRYING
17 THE OTHER UNDER THE LAW OF THIS STATE BY REASON OF A
18 BLOOD RELATIONSHIP, IF WE WERE OTHERWISE QUALIFIED
19 TO MARRY; AND
20 5. WE SHARE A COMMITTED RELATIONSHIP AND INTEND TO
21 REMAIN IN THAT RELATIONSHIP.
22 EXECUTED THIS ______ DAY _____________, ______ _____________________ _____________________
23 SIGNATURE SIGNATURE
24 NAME(PRINT): NAME(PRINT):
25 _____________________ _______________________
26 DATE OF BIRTH: DATE OF BIRTH:
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1 _____________________ _______________________
2 STATE OF COLORADO )
3 )SS.
4 COUNTY OF _________ )
5 SUBSCRIBED UNDER OATH BEFORE ME THIS ________
6 DAY OF _______,______, BY ________________.
7 WITNESS MY HAND AND OFFICIAL SEAL.
8 MY COMMISSION EXPIRES:__________________
9 S E A L ___________________________
10 NOTARY PUBLIC
11 (b) THE AFFIDAVIT OF TERMINATION OF COMMITTED PARTNERSHIP
12 SHALL BE IN SUBSTANTIAL COMPLIANCE WITH THE FOLLOWING FORMAT:
13 AFFIDAVIT OF TERMINATION OF
14 COMMITTED PARTNERSHIP
15 THE UNDERSIGNED, BEING DULY SWORN, HEREBY
16 DECLARES AND SAYS:
17 1. ON _________________, _________ I ENTERED INTO A
18 COMMITTED PARTNERSHIP WITH ___________________,
19 WHOSE DATE OF BIRTH IS ______________, BY EXECUTING
20 AN AFFIDAVIT OF COMMITTED PARTNERSHIP.
21 2. ONE OR MORE OF THE STATEMENTS IN THE AFFIDAVIT OF
22 COMMITTED PARTNERSHIP, WHICH WE EXECUTED AT THAT
23 TIME IS NO LONGER TRUE.
24 3. THEREFORE, I DECLARE THAT THE COMMITTED
25 PARTNERSHIP IS TERMINATED.
26 4. I HAVE MAILED A COPY OF THIS AFFIDAVIT TO MY
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1 FORMER COMMITTED PARTNER AT HIS OR HER LAST-KNOWN ADDRESS;
2 REGISTERED MAIL, RETURN RECEIPT REQUESTED.
3 EXECUTED THIS _________DAY OF _________________,
4 ________.
5 ________________________
6 SIGNATURE
7 NAME (PRINT):
8 ________________________
9 DATE OF BIRTH:
10 ________________________
11 STATE OF COLORADO )
12 ) SS.
13 COUNTY OF _________ )
14 SUBSCRIBED UNDER OATH BEFORE ME THIS ________
15 DAY OF _________,_________, BY ___________________.
16 WITNESS MY HAND AND OFFICIAL SEAL.
17 MY COMMISSION EXPIRES:
18 S E A L ________________________
19 NOTARY PUBLIC
20 SECTION 5. Safety clause. The general assembly hereby finds,
21 determines, and declares that this act is necessary for the|~ immediate
|~ 22 preservation of the public peace, health, and safety.