Colorado § 15-11-109 Advancements

Colorado Statutes

§ 15-11-109 — Advancements

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

(1)If an individual dies intestate as to all or a portion of the estate, property the decedent gave during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate share only if (i) the decedent declared in a contemporaneous writing or the heir acknowledged in writing that the gift is an advancement, or (ii) the decedent's contemporaneous writing or the heir's written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate.

(2)For the purposes of subsection (1) of this section, property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of

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(1) If an individual dies intestate as to all or a
portion of the estate, property the decedent gave during the decedent's lifetime to
an individual who, at the decedent's death, is an heir is treated as an advancement
against the heir's intestate share only if (i) the decedent declared in a
contemporaneous writing or the heir acknowledged in writing that the gift is an
advancement, or (ii) the decedent's contemporaneous writing or the heir's written
acknowledgment otherwise indicates that the gift is to be taken into account in
computing the division and distribution of the decedent's intestate estate.

(2) For the purposes of subsection (1) of this section, property advanced is
valued as of the time the heir came into possession or enjoyment of the property or
as of the time of the decedent's death, whichever first occurs.

(3) If the recipient of the property fails to survive the decedent, the property
is not taken into account in computing the division and distribution of the
decedent's intestate estate, unless the decedent's contemporaneous writing
provides otherwise.

(4) An heir who has received from the intestate estate more than his or her
share shall in no case be required to refund, except as otherwise provided by
section 15-11-203.

Colorado § 15-11-109 (Advancements) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 94: Entire part R&RE, p. 979, � 3, effective July 1, 1995. L. 2022: Entire section amended, (SB 22-092), ch. 60, p. 275, � 5, effective August 10.