C.R.S. Section 15-10-106.5
Petition to determine cause and date of death resulting from disaster

  • body unidentifiable or missing

(1)

If the occurrence of a disaster has been declared by proclamation of the governor under section 24-33.5-704, C.R.S., and it appears that a person has died as a direct result, but the remains have not been located or are unidentifiable, the coroner, sheriff, or district attorney for the county in which any part of such disaster occurred, the spouse, next of kin, or public administrator for such county, or, thirty days after the disaster was declared, any other person, may apply to the coroner of such county asking that the coroner determine the cause, manner, and date of death of the alleged decedent.

(2)

Intentionally left blank —Ed.

(a)

Such application shall contain the facts and circumstances concerning the disaster, the reasons for the belief that the alleged decedent perished, a statement that the alleged decedent’s remains have not been located or are unidentifiable, and the names and addresses of all persons known or believed to be heirs at law of the alleged decedent.

(b)

The application shall contain an affidavit in which the applicant states the following information to the extent of the applicant’s personal knowledge, information, and belief:

(I)

The full name of the alleged decedent;

(II)

The alleged decedent’s residential address, including city, county, and zip code;

(III)

The alleged decedent’s date and place of birth;

(IV)

The alleged decedent’s sex, race, ethnicity, and social security number;

(V)

The full names of the alleged decedent’s parents and the mother’s maiden name;

(VI)

The applicant’s name, address, telephone number, and relationship to the alleged decedent;

(VII)

The identification number of any missing person report filed concerning the alleged decedent;

(VIII)

The date and time of the applicant’s last contact with the alleged decedent and a description of that contact;

(IX)

The basis for the belief that the alleged decedent was physically present at the time and place of an occurrence declared under section 24-33.5-704, C.R.S.;

(X)

A description of the efforts undertaken by the applicant, and efforts the applicant knows others to have undertaken, to locate or identify the alleged decedent;

(XI)

Whether the alleged decedent served in the armed forces of the United States and, if so, the branch and dates of service;

(XII)

If the alleged decedent was employed, the name of the alleged decedent’s employer and the employer’s address and telephone number; and

(XIII)

The alleged decedent’s marital status, the name of spouse, and wife’s maiden name, if applicable.

(c)

The applicant shall pay an application fee of twenty-five dollars when filing the application.

(d)

The coroner shall assign an application number to the application.

(3)

If the coroner finds sufficient evidence that a disaster occurred and that the alleged decedent named in the application may be presumed to have died, then the coroner shall issue a certificate of death under this section.

(4)

A certified copy of an order issued pursuant to subsection (7) of this section shall be sufficient when presented to the coroner or other person acting in place of the coroner for the issuance of a certificate of death under this section.

(5)

An application for the finding of death under this section shall not be filed later than five years following the initial proclamation of the disaster.

(6)

This section shall apply only under the circumstances specified in subsection (1) of this section. In all other cases and if the coroner finds the evidence insufficient to support the issuance of a death certification, the provisions of section 15-10-107 with respect to determination of death and status apply.

(7)

If the coroner denies or fails to act within thirty days on an application that complies with subsection (2) of this section, the applicant may file a petition, in the district court for the county in which any part of the disaster occurred or in the Denver probate court if any part of the disaster occurred in the city and county of Denver, for an expedited determination of death in accordance with this section. If the court determines the alleged decedent died, a certified copy of the court’s order shall constitute sufficient evidence for the coroner under subsection (4) of this section.

Source: Section 15-10-106.5 — Petition to determine cause and date of death resulting from disaster - body unidentifiable or missing, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-15.­pdf (accessed Oct. 20, 2023).

15‑10‑101
Short title 15‑10‑102
Purposes - rule of construction 15‑10‑103
Supplementary general principles of law applicable 15‑10‑104
Severability 15‑10‑105
Construction against implied repeal 15‑10‑106
Effect of fraud and evasion 15‑10‑106.5
Petition to determine cause and date of death resulting from disaster - body unidentifiable or missing 15‑10‑107
Evidence of death or status 15‑10‑108
Acts by holder of general power 15‑10‑109
Remarriage of absentee’s spouse 15‑10‑110
Insurance and other contracts - surrender value - effect of contract provisions - suit on claim of death 15‑10‑111
Entry into safe deposit box of decedent - definitions 15‑10‑112
Cost of living adjustment of certain dollar amounts 15‑10‑201
General definitions 15‑10‑301
Territorial application 15‑10‑302
Subject matter jurisdiction 15‑10‑303
Venue - multiple proceedings - transfer 15‑10‑304
Practice in court 15‑10‑305
Records and certified copies 15‑10‑306
Jury trial 15‑10‑307
Registrar - powers 15‑10‑308
Appeals 15‑10‑310
Oath or affirmation on filed document 15‑10‑401
Notice - method and time of giving 15‑10‑402
Notice - waiver 15‑10‑403
Pleadings - when parties bound by others - notice 15‑10‑501
Court powers - definitions - application 15‑10‑502
Initial investigation 15‑10‑503
Power of a court to address the conduct of a fiduciary - emergencies - nonemergencies 15‑10‑504
Surcharge - contempt - sanctions against fiduciaries 15‑10‑505
Notice to fiduciary - current address on file 15‑10‑601
Definitions 15‑10‑602
Recovery of reasonable compensation and costs 15‑10‑603
Factors in determining the reasonableness of compensation and costs 15‑10‑604
Fee disputes - process and procedure 15‑10‑605
Compensation and costs - assessment - limitations 15‑10‑606
Applicability
Green check means up to date. Up to date

Current through Fall 2024

§ 15-10-106.5’s source at colorado​.gov