CO Code § 15-11-302 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 11 - Intestate Succession and Wills|Part 3 - Spouse and Children Unprovided for in Wills|§ 15-11-302. Omitted Children

  Except as provided in subsection (2) of this section, if a testator fails to provide in his or her will for any of his or her children born or adopted after the execution of the will, the omitted after-born or after-adopted child receives a share in the estate as follows:   If the testator had no child living when he or she executed the will, an omitted after-born or after-adopted child receives a share in the estate equal in value to that which the child would have received had the testator died intestate, unless the will devised all or substantially all the estate to the other parent of the omitted child and that other parent survives the testator and is entitled to take under the will.    If the testator has one or more children living when he or she executed the will, and the will devised property or an interest in property to one or more of the then living children, an omitted after-born or after-adopted child is entitled to share in the testator's estate as follows:   The portion of the testator's estate in which the omitted after-born or after-adopted child is entitled to share is limited to devises made to the testator's then living children under the will.    The omitted after-born or after-adopted child is entitled to receive the share of the testator's estate, as limited in subparagraph (I) of this paragraph (b), that the child would have received had the testator included all omitted after-born and after-adopted children with the children to whom devises were made under the will and had given an equal share of the estate to each child.    To the extent feasible, the interest granted an omitted after-born or after-adopted child under this section shall be of the same character, whether equitable or legal, present or future, as that devised to the testator's then living children under the will.    In satisfying a share provided by this paragraph (b), devises to the testator's children who were living when the will was executed abate ratably. In abating the devises of the then living children, the court shall preserve to the maximum extent possible the character of the testamentary plan adopted by the testator.          Neither paragraph   nor (b) of subsection (1) of this section applies if:    The testator provided for the omitted after-born or after-adopted child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence.       If at the time of execution of the will the testator fails to provide in his or her will for a living child solely because he or she believes the child to be dead, the child is entitled to share in the estate as if the child were an omitted after-born or after-adopted child.    In satisfying a share provided by paragraph   of subsection (1) of this section, devises made by the will abate under section 15-12-902.        (a) It appears from the will that the omission was intentional; or   History. Source: L. 94: Entire part R&RE, p. 993, § 3, effective July 1, 1995.    Editor's note:   This section is similar to former § 15-11-302 as it existed prior to 1995.   ANNOTATION   Law reviews. For article, “The Adoptee Trap, the Accidental Beneficiary, and the Rational Testator”, see 42 Colo. Law. 29 (Feb. 2013).   Posthumous child takes as though testator had died intestate. Testator leaving a widow and one child devises all his estate to his widow, not expressing any intention to disinherit an after-born child. The posthumous child takes one-fourth of the lands whereof the testator died seized, which is the interest the minor would have inherited had her father died intestate. Lowrey v. Harlow, 22 Colo. App. 73, 123 P. 143 (1912) (decided under repealed laws antecedent to repealed CSA, C. 176, § 41).