Colorado § 15-11-102 Share of spouse

Colorado Statutes

§ 15-11-102 — Share of spouse

Colorado·Title 15 Probate,·Art. Intestate Succession and Wills

The various possible circumstances describing the decedent, his or her surviving spouse, and their surviving descendants, if any, are set forth in this section to be utilized in determining the intestate share of the decedent's surviving spouse. If more than one circumstance is applicable, the circumstance that produces the largest share for the surviving spouse shall be applied. The intestate share of a decedent's surviving spouse is:

(1)The entire intestate estate if:

(a)No descendant or parent of the decedent survives the decedent; or

(b)All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent;

(2)The first three hundred thousand dollars, plus three-fourths o

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The various possible circumstances describing
the decedent, his or her surviving spouse, and their surviving descendants, if any,
are set forth in this section to be utilized in determining the intestate share of the
decedent's surviving spouse. If more than one circumstance is applicable, the
circumstance that produces the largest share for the surviving spouse shall be
applied. The intestate share of a decedent's surviving spouse is:

(1) The entire intestate estate if:

(a) No descendant or parent of the decedent survives the decedent; or

(b) All of the decedent's surviving descendants are also descendants of the
surviving spouse and there is no other descendant of the surviving spouse who
survives the decedent;

(2) The first three hundred thousand dollars, plus three-fourths of any
balance of the intestate estate, if no descendant of the decedent survives the
decedent, but a parent of the decedent survives the decedent;

(3) The first two hundred twenty-five thousand dollars, plus one-half of any
balance of the intestate estate, if all of the decedent's surviving descendants are
also descendants of the surviving spouse and the surviving spouse has one or more
surviving descendants who are not descendants of the decedent;

(4) The first one hundred fifty thousand dollars, plus one-half of any balance
of the intestate estate, if one or more of the decedent's surviving descendants are
not descendants of the surviving spouse.

(5) (Deleted by amendment, L. 2009, (HB 09-1287), ch. 310, p. 1671, � 3,
effective July 1, 2010.)

(6) The dollar amounts stated in this section shall be increased or decreased
based on the cost of living adjustment as calculated and specified in section 15-10-112.

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Legislative History

Source: L. 94: Entire part R&RE, p. 976, � 3, effective July 1, 1995. L. 95: Entire section amended, p. 352, � 1, effective July 1. L. 2009: Entire section amended, (HB 09-1287), ch. 310, p. 1671, � 3, effective July 1, 2010.