§ 15-11-211 — Proceeding for elective-share - time limit

Colorado § 15-11-211

• Jurisdiction: Colorado
• Title 15: Probate,
• Art.: Intestate Succession and Wills

Text

(1) Except as provided
in subsection (2) of this section, the election must be made by filing in the court and
mailing or delivering to the personal representative, if any, a petition for the
elective-share within nine months after the date of the decedent's death or within
six months after the probate of the decedent's will, whichever limitation later
expires. The surviving spouse must give written notice of the time and place set for
hearing to persons interested in the estate and to the distributees and recipients of
portions of the augmented estate whose interests will be adversely affected by the
taking of the elective-share.

(2) Within nine months after the decedent's death, the surviving spouse may
petition the court for an extension of time for making an election. If, within nine
months after the decedent's death, the spouse gives notice of the petition to all
persons interested in the decedent's nonprobate transfers to others, the court, for
cause shown by the surviving spouse, may extend the time for election.

(3) If the spouse makes an election by filing a petition for the elective-share
more than nine months after the decedent's death, the decedent's nonprobate
transfers to others are not included within the augmented estate unless the spouse
had filed a petition for extension prior to the expiration of the nine-month period
and the court granted the extension.

(4) The surviving spouse may withdraw his or her demand for an elective-share at any time before entry of a final determination by the court. Written notice
of such withdrawal must be given to persons interested in the estate and the
distributees and recipients of portions of the augmented estate whose interests
may be adversely affected by the taking of the elective-share.

(5) After notice and hearing, the court shall determine the elective-share and
supplemental elective-share amounts and shall order its payment from the assets
of the augmented estate or by contribution as appears appropriate under sections
15-11-209 and 15-11-210. If it appears that a fund or property included in the
augmented estate has not come into the possession of the personal representative
or has been distributed by the personal representative, the court nevertheless shall
fix the liability of any person who has any interest in the fund or property or who has
possession thereof, whether as trustee or otherwise. The proceeding may be
maintained against fewer than all persons against whom relief could be sought, but
no person is subject to contribution in any greater amount than he or she would
have been under sections 15-11-209 and 15-11-210 had relief been secured against
all persons subject to contribution.

(6) An order or judgment of the court may be enforced as necessary in suit
for contribution or payment in other courts of this state or other jurisdictions.

Legislative History

Source: L. 2014: Entire part R&RE, (HB 14-1322), ch. 296, p. 1230, � 2, effective August 6.