Colorado § 15-11-207 Surviving spouse's property and nonprobate transfers to others

Colorado Statutes

§ 15-11-207 — Surviving spouse's property and nonprobate transfers to others

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

(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

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(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.

Colorado § 15-11-207 (Surviving spouse's property and nonprobate transfers to others) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.