reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Subpart 1 - GENERAL RULES (§§ 15-11-101 — 15-11-114) › Section 15-11-110 - Debts to decedent

A debt owed to a decedent is not charged against the intestate share of any individual except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor's descendants.
L. 94: Entire part R&RE, p. 979, § 3, effective 7/1/1995.
This section is similar to former §
15-11-111
as it existed prior to 1995.
For an offset against a successor's interest for a noncontingent indebtedness to an estate, see § 15-12-903 .
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Subpart 1 - GENERAL RULES (§§ 15-11-101 — 15-11-114) › Section 15-11-111 - Alienage

No individual is disqualified to take as an heir, devisee, grantee, lessee, mortgagee, assignee, or other transferee because the individual or an individual through whom he or she claims is or has been an alien.
L. 94: Entire part R&RE, p. 980, § 3, effective 7/1/1995.
This section is similar to former §
15-11-112
as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Subpart 1 - GENERAL RULES (§§ 15-11-101 — 15-11-114) › Section 15-11-112 - Dower and courtesy abolished

The estates of dower and courtesy are abolished.
L. 94: Entire part R&RE, p. 980, § 3, effective 7/1/1995.
This section is similar to former §
15-11-113
as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Subpart 1 - GENERAL RULES (§§ 15-11-101 — 15-11-114) › Section 15-11-113 - Individual related to decedent through more than one line of relationship

An individual who is related to the decedent through more than one line of relationship is entitled to only a single share based upon the relationship that would entitle the individual to the largest share. The individual and the individual's descendants are deemed to have predeceased the decedent with respect to a line of relationship resulting in a smaller share.
Amended by 2022 Ch. 60, § 6, eff. 8/10/2022.
L. 94: Entire part R&RE, p. 980, § 3, effective 7/1/1995.
This section is similar to former §
15-11-114
as it existed prior to 1995.
2022 Ch. 60, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Subpart 2 - PARENT-CHILD RELATIONSHIP (§§ 15-11-115 — 15-11-122) › Section 15-11-116 - Effect of parent-child relationship

Except as otherwise provided in section
15-11-119
, if a parent-child relationship exists or is established under this subpart 2, the parent is a parent of the child and the child is a child of the parent for the purpose of intestate succession.
L. 2009: Entire section added, (HB 09 -1287), ch. 310, p. 1676, § 8, effective 7/1/2010.
COMMENT
Scope.
This section provides that if a parent-child relationship exists or is established under any section in subpart 2, the consequence is that the parent is a parent of the child and the child is a child of the parent for the purpose of intestate succession by, from, or through the parent and the child. The exceptions in Section 2-119(b) through (e) refer to cases in which a parent-child relationship exists but only for the purpose of the right of an adoptee or a descendant of an adoptee to inherit from or through one or both genetic parents.
For other provisions on establishing parent-child relationships, see the "Uniform Parentage Act", article 4 of title 19 .
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Subpart 2 - PARENT-CHILD RELATIONSHIP (§§ 15-11-115 — 15-11-122) › Section 15-11-117 - No distinction based on marital status

Except as otherwise provided in section
15-11-114
,
15-11-119
,
15-11-120
, or
15-11-121
, a parent-child relationship exists between a child and the child's genetic parents, regardless of the parents' marital status.
L. 2009: Entire section added, (HB 09 -1287), ch. 310, p. 1676, § 8, effective 7/1/2010.
COMMENT
Scope.
This section, adopted in 2008, provides the general rule that a parent-child relationship exists between a child and the child's genetic parents, regardless of the parents' marital status. Exceptions to this general rule are contained in Sections 2-114 (Parent Barred from Inheriting in Certain Circumstances), 2-119 (Adoptee and Adoptee's Genetic Parents), 2-120 (Child Conceived by Assisted Reproduction Other than Child Born to Gestational Carrier), and 2-121(Child Born to Gestational Carrier).
This section replaces former Section 2-114(a), which provided: "(a) Except as provided in subsections (b) and (c), for purposes of intestate succession by, through, or from a person, an individual is the child of his [or her] natural parents, regardless of their marital status. The parent and child relationship may be established under [the Uniform Parentage Act] [applicable state law] [insert appropriate statutory reference]."
Defined Terms.
Genetic parent is defined in Section 2-115 as the child's genetic father or genetic mother. Genetic mother is defined as the woman whose egg was fertilized by the sperm of a child's genetic father. Genetic father is defined as the man whose sperm fertilized the egg of a child's genetic mother.
For another provision on marital status, see § 19-4-103 .
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Subpart 2 - PARENT-CHILD RELATIONSHIP (§§ 15-11-115 — 15-11-122) › Section 15-11-122 - Equitable adoption

This subpart 2 does not affect the doctrine of equitable adoption.
L. 2009: Entire section added, (HB 09 -1287), ch. 310, p. 1682, § 8, effective 7/1/2010.
COMMENT
On the doctrine of equitable adoption, see Restatement (Third) of Property: Wills and Other Donative Transfers § 2.5, cmt. k & Reporter's Note No. 7 (1999).
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 2 - ELECTIVE-SHARE OF SURVIVING SPOUSE (§§ 15-11-201 — 15-11-214) › Section 15-11-202 - Elective-share

(1)
Elective-share amount.
The surviving spouse of a decedent who dies domiciled in this state has a right of election, under the limitations and conditions stated in this part 2, to take an elective-share amount equal to fifty percent of the value of the marital-property portion of the augmented estate.
(2)
(a)
Supplemental elective-share amount.
If the sum of the amounts described in sections
15-11-207
,
15-11-209(1)(a)
, and that part of the elective-share amount payable from the decedent's net probate estate and nonprobate transfers to others under section
15-11-209(3)(a) and (3)(b)
is less than fifty thousand dollars, the surviving spouse is entitled to a supplemental elective-share amount equal to fifty thousand dollars, minus the sum of the amounts described in those sections. The supplemental elective-share amount is payable from the decedent's net probate estate and from recipients of the decedent's nonprobate transfers to others in the order of priority set forth in section
15-11-209(3)(a) and (3)(b)
.
(b)
The court shall increase or decrease the dollar amount stated in paragraph (a) of this subsection (2) based on the cost of living adjustment as calculated and specified in section
15-10-112
.
(3)
Effect of election on statutory benefits.
If the right of election is exercised by or on behalf of the surviving spouse, the exempt property and family allowance, if any, are not charged against but are in addition to the elective-share and supplemental elective-share amounts.
(4)
Nondomiciliary.
The right, if any, of the surviving spouse of a decedent who dies domiciled outside this state to take an elective-share in property in this state is governed by the law of the decedent's domicile at death.
Part 2 repealed and reenacted by 2014 Ch. 296,§ 2, eff. 8/6/2014.
This section is similar to former § 15-11-201 as it existed prior to 2014.
OFFICIAL COMMENT
Subsection (b).
Subsection (b) implements the support theory of the elective share by providing a $75,000 supplemental elective-share amount, in case the surviving spouse's assets and other entitlements are below this figure.
2008 Cost-of-Living Adjustments.
As originally promulgated in 1990, the dollar amount in subsection (b) was $50,000. To adjust for inflation, this amount was increased in 2008 to $75,000. The dollar amount in this subsection is subject to annual cost-of-living adjustments under Section 1-109.
Subsection (c).
The homestead, exempt property, and family allowances provided by Article II, Part 4, are not charged to the electing spouse as a part of the elective share. Consequently, these allowances may be distributed from the probate estate without reference to whether an elective share right is asserted.
Historical Note.
This Comment was revised in 2008.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 2 - ELECTIVE-SHARE OF SURVIVING SPOUSE (§§ 15-11-201 — 15-11-214) › Section 15-11-203 - Composition of the marital-property portion of the augmented estate

(1)
Subject to section
15-11-208
, the value of the augmented estate, to the extent provided in sections
15-11-204
,
15-11-205
,
15-11-206
, and
15-11-207
, consists of the sum of the values of all property, whether real or personal, movable or immovable, tangible or intangible, wherever situated, that constitutes:
(a)
The decedent's net probate estate;
(b)
The decedent's nonprobate transfers to others;
(c)
The decedent's nonprobate transfers to the surviving spouse; and
(d)
The surviving spouse's property and nonprobate transfers to others.
(2)
The value of the marital-property portion of the augmented estate consists of the sum of the values of the four components of the augmented estate as determined under subsection (1) of this section multiplied by the following percentage:
If the decedent and the spouse were married to each other:
The percentage is:
Less than 1 year
Supplemental amount only.
1 year but less than 2 years
10%
2 years but less than 3 years
20%
3 years but less than 4 years
30%
4 years but less than 5 years
40%
5 years but less than 6 years
50%
6 years but less than 7 years
60%
7 years but less than 8 years
70%
8 years but less than 9 years
80%
9 years but less than 10 years
90%
10 years or more
100%
Part 2 repealed and reenacted by 2014 Ch. 296,§ 2, eff. 8/6/2014.
This section is similar to former § 15-11-201 (1) as it existed prior to 2014.
OFFICIAL COMMENT
Subsection (a).
Subsection (a) implements the partnership theory by providing that the elective-share amount is 50 percent of the value of the marital-property portion of the augmented estate. The augmented estate is defined in Section 2-203(a) and the marital-property portion of the augmented estate is defined in Section 2-203(b).
Cross Reference.
To have the right to an elective share under subsection (a), the decedent's spouse must survive the decedent. Under Section 2-702(a), the requirement of survivorship is satisfied only if it can be established that the spouse survived the decedent by 120 hours.
Historical Note.
This Comment was revised in 2008.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 2 - ELECTIVE-SHARE OF SURVIVING SPOUSE (§§ 15-11-201 — 15-11-214) › Section 15-11-204 - Decedent's net probate estate

The value of the augmented estate includes the value of the decedent's probate estate, reduced by funeral and administrative expenses, family allowance, exempt property, and enforceable claims.
Part 2 repealed and reenacted by 2014 Ch. 296,§ 2, eff. 8/6/2014.
This section is similar to former § 15-11-201 (2)(a) as it existed prior to 2014.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 2 - ELECTIVE-SHARE OF SURVIVING SPOUSE (§§ 15-11-201 — 15-11-214) › Section 15-11-206 - Decedent's nonprobate transfers to the surviving spouse

Excluding property passing to the surviving spouse under the federal social security system after the decedent's date of death, the value of the augmented estate includes the value of the decedent's nonprobate transfers to the decedent's surviving spouse, which consist of all property that passed outside probate at the decedent's death from the decedent to the surviving spouse by reason of the decedent's death, including:
(1)
The decedent's fractional interest in property held as a joint tenant with the right of survivorship, to the extent that the decedent's fractional interest passed to the surviving spouse as surviving joint tenant;
(2)
The decedent's ownership interest in property or accounts held in POD, TOD, or co-ownership registration with the right of survivorship, to the extent the decedent's ownership interest passed to the surviving spouse as surviving co-owner; and
(3)
All other property that would have been included in the augmented estate under section
15-11-205(1) or (2)
had it passed to or for the benefit of a person other than the decedent's spouse, surviving spouse, the decedent, or the decedent's creditors, estate, or estate creditors.
Part 2 repealed and reenacted by 2014 Ch. 296,§ 2, eff. 8/6/2014.
This section is similar to former § 15-11-202 (2)(c) as it existed prior to 2014.
For protected persons and protective proceedings, see article 14 of this title.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 2 - ELECTIVE-SHARE OF SURVIVING SPOUSE (§§ 15-11-201 — 15-11-214) › Section 15-11-207 - Surviving spouse's property and nonprobate transfers to others

(1)
Except to the extent included in the augmented estate under section
15-11-204
or
15-11-206
, the value of the augmented estate includes the value of:
(a)
Property that was owned by the decedent's surviving spouse at the decedent's death, including:
(I)
The surviving spouse's fractional interest in real property held in joint tenancy with the right of survivorship created during the marriage to the decedent, except as provided in section
15-11-208
, and the surviving spouse's fractional interest in personal property held by the surviving spouse in joint tenancy with the right of survivorship;
(II)
The surviving spouse's ownership interest in property or accounts held in POD, TOD, or co-ownership registration with the right of survivorship; and
(III)
Property that passed to the surviving spouse by reason of the decedent's death but not including the spouse's right to family allowance, exempt property, or payments under the federal social security system after the decedent's date of death; and
(b)
Property that would have been included in the surviving spouse's nonprobate transfers to others, other than the spouse's fractional and ownership interests included under subparagraphs (I) and (II) of paragraph (a) of this subsection (1) had the spouse been the decedent.
(2)
Property included under this section is valued at the decedent's death, taking the fact that the decedent predeceased the spouse into account, but for purposes of subparagraphs (I) and (II) of paragraph (a) of subsection (1) of this section, the values of the spouse's fractional and ownership interests are determined immediately before the decedent's death if the decedent was then a joint tenant or a co-owner of the property or accounts. For purposes of this subsection (2), proceeds of insurance that would have been included in the spouse's nonprobate transfers to others under section
15-11-205(1)(d)
are not valued as if he or she were deceased.
(3)
The value of property included under this section is reduced by enforceable claims against the surviving spouse.
Part 2 repealed and reenacted by 2014 Ch. 296,§ 2, eff. 8/6/2014.
This section is similar to former § 15-11-202 (2)(d) as it existed prior to 2014.
For rights of election, see § 15-11-201; for right to exempt property and family allowance, see §§ 15-11-403 and 15-11-404.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 2 - ELECTIVE-SHARE OF SURVIVING SPOUSE (§§ 15-11-201 — 15-11-214) › Section 15-11-210 - Personal liability of recipients

(1)
Only original recipients of the decedent's nonprobate transfers to others, and the donees of the recipients of the decedent's nonprobate transfers to others, to the extent the donees have the property or its proceeds, are liable to make a proportional contribution toward satisfaction of the surviving spouse's elective-share or supplemental elective-share amount. A person liable to make a contribution may choose to give up the proportional part of the decedent's nonprobate transfers to him or her or to pay the value of the amount for which he or she is liable.
(2)
If any section or any part of any section of this part 2 is preempted by any federal law other than the federal "Employee Retirement Income Security Act of 1974", as amended, with respect to a payment, an item of property, or any other benefit included in the decedent's nonprobate transfers to others, a person, who, not for value, receives the payment, item of property, or any other benefit is obligated to return that payment, item of property, or benefit or is personally liable for the amount of that payment or the value of that item of property or benefit, as provided in section
15-11-209
, to the person who would have been entitled to it were that section or part of that section not preempted.
(3)
A bona fide purchaser who purchases property from a recipient or who receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this part 2 to return the payment, item of property, or benefit nor liable under this part 2 for the amount of the payment or the value of the item of property or benefit.
Part 2 repealed and reenacted by 2014 Ch. 296,§ 2, eff. 8/6/2014.
This section is similar to former § 15-11-204 as it existed prior to 2014.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 2 - ELECTIVE-SHARE OF SURVIVING SPOUSE (§§ 15-11-201 — 15-11-214) › Section 15-11-212 - Right of election personal to surviving spouse - incapacitated surviving spouse

(1)
Surviving spouse must be living at time of election.
The right of election may be exercised only by a surviving spouse who is living when the petition for the elective-share is filed in the court under section
15-11-211
. If the election is not exercised by the surviving spouse personally, it may be exercised on the surviving spouse's behalf by his or her conservator, guardian, or agent under the authority of a power of attorney.
(2)
Incapacitated surviving spouse.
If the election is exercised on behalf of a surviving spouse who is an incapacitated person, the court must set aside that portion of the elective-share and supplemental elective-share amounts due from the decedent's probate estate and recipients of the decedent's nonprobate transfers to others under section
15-11-209(1) and (3)
and must appoint a trustee to administer that property for the support of the surviving spouse. For the purposes of this subsection (2), an election on behalf of a surviving spouse by an agent under a durable power of attorney is presumed to be on behalf of a surviving spouse who is an incapacitated person. The trustee must administer the trust in accordance with the following terms and such additional terms as the court determines appropriate:
(a)
Expenditures of income and principal may be made in the manner, when, and to the extent that the trustee determines suitable and proper for the surviving spouse's support, without court order but with regard to other support, income, and property of the surviving spouse and benefits of medical or other forms of assistance from any state or federal government or governmental agency for which the surviving spouse must qualify on the basis of need;
(b)
During the surviving spouse's incapacity, neither the surviving spouse nor anyone acting on behalf of the surviving spouse has a power to terminate the trust, but if the surviving spouse regains capacity, the surviving spouse then acquires the power to terminate the trust and acquire full ownership of the trust property free of trust, by delivering to the trustee a writing signed by the surviving spouse declaring the termination; and
(c)
Upon the surviving spouse's death, the trustee shall transfer the unexpended trust property in the following order:
(I)
Under the residuary clause, if any, of the will of the predeceased spouse against whom the elective-share was taken, as if that predeceased spouse died immediately after the surviving spouse; or
(II)
To that predeceased spouse's heirs under section
15-11-711
.
Part 2 repealed and reenacted by 2014 Ch. 296,§ 2, eff. 8/6/2014.
This section is similar to former § 15-11-206 as it existed prior to 2014.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 2 - ELECTIVE-SHARE OF SURVIVING SPOUSE (§§ 15-11-201 — 15-11-214) › Section 15-11-213 - Waiver of right to elect and of other rights

(1)
Any affirmation, modification, or waiver of a marital right or obligation, as defined in section
14-2-302
, C.R.S., made on or after July 1, 2014, is unenforceable unless the affirmation, modification, or waiver is contained in a premarital or marital agreement, as defined in section
14-2-302
, C.R.S., that is enforceable under part 3 of article
2
of title
14
, C.R.S.
(2)
Any affirmation, modification, or waiver of a marital right or obligation made before July 1, 2014, is governed by the law in effect at the time the affirmation, modification, or waiver was made.
Part 2 repealed and reenacted by 2014 Ch. 296,§ 2, eff. 8/6/2014.
This section is similar to former § 15-11-207 as it existed prior to 2014.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 3 - SPOUSE AND CHILDREN UNPROVIDED FOR IN WILLS (§§ 15-11-301 — 15-11-302) › Section 15-11-301 - Entitlement of spouse; premarital will

(1)
If a testator's surviving spouse married the testator after the testator executed his or her will, the surviving spouse is entitled to receive, as an intestate share, no less than the value of the share of the estate he or she would have received if the testator had died intestate as to that portion of the testator's estate, if any, that neither is devised outright to nor in trust for the benefit of a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse nor is so devised to a descendant of such a child, or passes under section
15-11-603
or
15-11-604
to such a child or to a descendant of such a child, unless:
(a)
It appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the surviving spouse;
(b)
The will expresses the intention that it is to be effective notwithstanding any subsequent marriage; or
(c)
The testator provided for the spouse 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.
(2)
In satisfying the share provided by this section, devises made by the will to the testator's surviving spouse, if any, are applied first, and other devises, other than a devise outright to or in trust for the benefit of a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse or a devise or substitute gift under section
15-11-603
or
15-11-604
to a descendant of such a child, abate as provided in section
15-12-902
.
L. 94: Entire part R&RE, p. 993, § 3, effective 7/1/1995.
This section is similar to former § 15-11-301 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 4 - EXEMPT PROPERTY AND ALLOWANCES (§§ 15-11-401 — 15-11-405) › Section 15-11-401 - Applicable law

This part 4 applies to the estate of a decedent who dies domiciled in this state. Rights to exempt property and a family allowance for a decedent who dies not domiciled in this state are governed by the law of the decedent's domicile at death.
L. 94: Entire part R&RE, p. 995, § 3, effective 7/1/1995. L. 96: Entire section amended, p. 657, § 5, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 4 - EXEMPT PROPERTY AND ALLOWANCES (§§ 15-11-401 — 15-11-405) › Section 15-11-402 - Homestead

The provisions of sections
38-41-201
and
38-41-204
, C.R.S., provide for a homestead exemption but shall not create an allowance for the surviving spouse or minor children. A personal representative's obligation to distribute property as an exempt property allowance under section
15-11-403
, to pay money as a family allowance under section
15-11-404
, or to distribute property to devisees, heirs, or beneficiaries shall not be considered a debt, contract, or civil obligation, as referred to under sections
38-41-201
and
38-41-202
, C.R.S.
L. 94: Entire part R&RE, p. 995, § 3, effective 7/1/1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 4 - EXEMPT PROPERTY AND ALLOWANCES (§§ 15-11-401 — 15-11-405) › Section 15-11-404 - Family allowance

(1)
In addition to the right to exempt property, the decedent's surviving spouse and minor children who the decedent was obligated to support and children who were in fact being supported by the decedent are entitled to a reasonable allowance in money out of the estate for their maintenance during the period of administration, which allowance may not continue for longer than one year if the estate is inadequate to discharge allowed claims. The allowance may be paid as a lump sum or in periodic installments. It is payable to the surviving spouse, if living, for the use of the surviving spouse and minor and dependent children; otherwise to the children or persons having the children's care and custody. If a minor child or dependent child is not living with the surviving spouse, the allowance may be made partially to the child or the child's guardian or other person having the child's care and custody, and partially to the spouse, as their needs may appear. The family allowance is exempt from and has priority over all claims except claims for the costs and expenses of administration and reasonable final disposition and funeral expenses, which shall be paid in the priority and manner set forth in section
15-12-805
.
(2)
The family allowance is not chargeable against any benefit or share passing to the surviving spouse or children by the will of the decedent, unless otherwise provided, by intestate succession, or by way of elective-share. The death of any person entitled to a family allowance terminates the right to receive an allowance for any period arising after his or her death, but does not affect the right of his or her estate to recover the unpaid allowance for periods prior to his or her death.
Amended by 2021 Ch. 123, § 13, eff. 9/7/2021.
L. 94: Entire part R&RE, p. 996, § 3, effective 7/1/1995.
(1) This section is similar to former § 15-11-403 as it existed prior to 1995.
(2) Section 31(2) of chapter 123 (SB 21-006), Session Laws of Colorado 2021, provides that the act changing this section applies to final dispositions of human remains or human fetuses made on or after September 7, 2021.
2021 Ch. 123, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 5 - WILLS AND WILL CONTRACTS AND CUSTODY AND DEPOSIT OF WILLS (§§ 15-11-501 — 15-11-517) › Section 15-11-501 - Who may make a will

An individual eighteen or more years of age who is of sound mind may make a will.
L. 94: Entire part R&RE, p. 997, § 3, effective 7/1/1995.
This section is similar to former § 15-11-501 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 5 - WILLS AND WILL CONTRACTS AND CUSTODY AND DEPOSIT OF WILLS (§§ 15-11-501 — 15-11-517) › Section 15-11-505 - Who may witness

(1)
An individual generally competent to be a witness may act as a witness to a will.
(2)
The signing of a will by an interested witness does not invalidate the will or any provision of it.
L. 94: Entire part R&RE, p. 1000, § 3, effective 7/1/1995.
This section is similar to former § 15-11-505 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 5 - WILLS AND WILL CONTRACTS AND CUSTODY AND DEPOSIT OF WILLS (§§ 15-11-501 — 15-11-517) › Section 15-11-506 - Choice of law as to execution

A written will is valid if executed in compliance with section
15-11-502
or
15-11-503
or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where, at the time of execution or at the time of death, the testator is domiciled, has a place of abode, or is a national.
L. 94: Entire part R&RE, p. 1000, § 3, effective 7/1/1995.
This section is similar to former § 15-11-506 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 5 - WILLS AND WILL CONTRACTS AND CUSTODY AND DEPOSIT OF WILLS (§§ 15-11-501 — 15-11-517) › Section 15-11-507 - Revocation by writing or by act

(1)
A will or any part thereof is revoked:
(a)
By executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or
(b)
By performing a revocatory act on the will, if the testator performed the act with the intent and for the purpose of revoking the will or part of it or if another individual performed the act in the testator's conscious presence and by the testator's direction. For purposes of this paragraph (b), "revocatory act on the will" includes burning, tearing, canceling, obliterating, or destroying the will or any part of it. A burning, tearing, or canceling is a "revocatory act on the will", whether or not the burn, tear, or cancellation touched any of the words on the will.
(2)
If a subsequent will does not expressly revoke a previous will, the execution of the subsequent will wholly revokes the previous will by inconsistency if the testator intended the subsequent will to replace rather than supplement the previous will.
(3)
The testator is presumed to have intended a subsequent will to replace rather than supplement a previous will if the subsequent will makes a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the previous will is revoked; only the subsequent will is operative on the testator's death.
(4)
The testator is presumed to have intended a subsequent will to supplement rather than replace a previous will if the subsequent will does not make a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the subsequent will revokes the previous will only to the extent the subsequent will is inconsistent with the previous will; each will is fully operative on the testator's death to the extent they are not inconsistent.
L. 94: Entire part R&RE, p. 1000, § 3, effective 7/1/1995.
This section is similar to former § 15-11-507 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 5 - WILLS AND WILL CONTRACTS AND CUSTODY AND DEPOSIT OF WILLS (§§ 15-11-501 — 15-11-517) › Section 15-11-508 - Revocation by change of circumstances

Except as provided in sections
15-11-803
and
15-11-804
, a change of circumstances does not revoke a will or any part of it.
L. 94: Entire part R&RE, p. 1001, § 3, effective 7/1/1995.
This section is similar to former § 15-11-508 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 5 - WILLS AND WILL CONTRACTS AND CUSTODY AND DEPOSIT OF WILLS (§§ 15-11-501 — 15-11-517) › Section 15-11-509 - Revival of revoked will

(1)
If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act under section
15-11-507 (1)(b)
, the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator intended the previous will to take effect as executed.
(2)
If a subsequent will that partly revoked a previous will is thereafter revoked by a revocatory act under section
15-11-507 (1)(b)
, a revoked part of the previous will is revived unless it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator did not intend the revoked part to take effect as executed.
(3)
If a subsequent will that revoked a previous will in whole or in part is thereafter revoked by another, later will, the previous will remains revoked in whole or in part, unless it or its revoked part is revived. The previous will or its revoked part is revived to the extent it appears from the terms of the later will that the testator intended the previous will to take effect.
L. 94: Entire part R&RE, p. 1001, § 3, effective 7/1/1995.
This section is similar to former § 15-11-509 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 5 - WILLS AND WILL CONTRACTS AND CUSTODY AND DEPOSIT OF WILLS (§§ 15-11-501 — 15-11-517) › Section 15-11-510 - Incorporation by reference

A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.
L. 94: Entire part R&RE, p. 1001, § 3, effective 7/1/1995.
This section is similar to former § 15-11-510 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 5 - WILLS AND WILL CONTRACTS AND CUSTODY AND DEPOSIT OF WILLS (§§ 15-11-501 — 15-11-517) › Section 15-11-511 - Testamentary additions to trusts

(1)
A will may validly devise property to the trustee of a trust established or to be established (i) during the testator's lifetime by the testator, by the testator and some other person, or by some other person, including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts, or (ii) at the testator's death by the testator's devise to the trustee, if the trust is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will or in another individual's will if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust. The devise is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death.
(2)
Unless the testator's will provides otherwise, property devised to a trust described in subsection (1) of this section is not held under a testamentary trust of the testator, but it becomes a part of the trust to which it is devised, and is administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator's death.
(3)
A revocation or termination of the trust before the death of the testator causes the devise to lapse, but exhaustion of trust corpus between the time of execution of the testator's will and the testator's death shall not constitute a lapse; a revocation or termination of the trust before the death of the testator shall not cause the devise to lapse, if the testator provides that, in such event, the devise shall constitute a devise to the trustee of the trust identified in the testator's will, and on the terms thereof, as they existed at the time of the execution of testator's will, or as they existed at the time of the revocation or termination of the trust, as the testator's will provides.
L. 94: Entire part R&RE, p. 1001, § 3, effective 7/1/1995.
This section is similar to former § 15-11-511 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 5 - WILLS AND WILL CONTRACTS AND CUSTODY AND DEPOSIT OF WILLS (§§ 15-11-501 — 15-11-517) › Section 15-11-512 - Events of independent significance

A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator's death. The execution or revocation of another individual's will is such an event.
L. 94: Entire part R&RE, p. 1002, § 3, effective 7/1/1995.
This section is similar to former § 15-11-512 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 5 - WILLS AND WILL CONTRACTS AND CUSTODY AND DEPOSIT OF WILLS (§§ 15-11-501 — 15-11-517) › Section 15-11-513 - Separate writing or memorandum identifying devise of certain types of tangible personal property

Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as evidence of the intended disposition, the writing shall be either in the handwriting of the testator or be signed by the testator and shall describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing that has no significance apart from its effect on the dispositions made by the will.
L. 94: Entire part R&RE, p. 1002, § 3, effective 7/1/1995. L. 95: Entire section amended, p. 355, § 5, effective July 1.
This section is similar to former § 15-11-513 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 5 - WILLS AND WILL CONTRACTS AND CUSTODY AND DEPOSIT OF WILLS (§§ 15-11-501 — 15-11-517) › Section 15-11-514 - Contracts concerning succession

A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after July 1, 1995, may be established only by (i) provisions of a will stating material provisions of the contract, (ii) an express reference in a will to a contract and extrinsic evidence proving the terms of the contract, or (iii) a writing signed by the decedent evidencing the contract. The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.
L. 94: Entire part R&RE, p. 1002, § 3, effective 7/1/1995.
This section is similar to former § 15-11-701 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 5 - WILLS AND WILL CONTRACTS AND CUSTODY AND DEPOSIT OF WILLS (§§ 15-11-501 — 15-11-517) › Section 15-11-515 - Deposit of will with court in testator's lifetime

A will may be deposited by the testator or the testator's agent with any court for safekeeping, under rules of the court. The will shall be sealed and kept confidential. During the testator's lifetime, a deposited will shall be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will. A conservator may be allowed to examine a deposited will of a protected testator under procedures designed to maintain the confidential character of the document to the extent possible and to ensure that it will be resealed and kept on deposit after the examination.
L. 94: Entire part R&RE, p. 1003, § 3, effective 7/1/1995. L. 96: Entire section amended, p. 658, § 8, effective July 1.
This section is similar to former § 15-11-901 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 5 - WILLS AND WILL CONTRACTS AND CUSTODY AND DEPOSIT OF WILLS (§§ 15-11-501 — 15-11-517) › Section 15-11-516 - Duty of custodian of will; lodging of will after death; transfer of lodged will; liability

(1)
Within ten days after a testator's death or as soon thereafter as the death becomes known to the custodian of an instrument purporting to be the testator's will, the custodian shall deliver the will to the court having probate jurisdiction in the Colorado county where the decedent resided or was domiciled at death for lodging in the records of such court. If the decedent was not a Colorado resident or domiciliary, the custodian shall deliver the will to the court having probate jurisdiction where the decedent was a resident or domiciliary at death, if known to the custodian, but if such residence or domicile is not known, to the court having probate jurisdiction in any Colorado county where property of the decedent was located at death. If the domicile, residence, and location of property are unknown to the custodian, or if the court having probate jurisdiction outside of Colorado refuses to accept delivery of the will, the custodian shall deliver the will to the court having probate jurisdiction in the Colorado county where the will was located. Upon being informed of the testator's death, a court holding a deposited will shall lodge the will in its records.
(2)
Upon the filing of a petition or application showing appropriate venue to be in another state or in another Colorado county, the court shall order the lodged will transferred to the court having probate jurisdiction in that state or county. Any person who willfully fails to deliver an instrument purporting to be a will is liable to any person aggrieved for the damages that may be sustained by the failure.
(3)
Any person who willfully refuses or fails to deliver an instrument purporting to be a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.
L. 94: Entire part R&RE, p. 1003, § 3, effective 7/1/1995. L. 96: Entire section amended, p. 658, § 9, effective July 1.
This section is similar to former § 15-11-902 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 5 - WILLS AND WILL CONTRACTS AND CUSTODY AND DEPOSIT OF WILLS (§§ 15-11-501 — 15-11-517) › Section 15-11-517 - Penalty clause for contest

A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.
L. 94: Entire part R&RE, p. 1003, § 3, effective 7/1/1995.