2017 Colorado Revised Statutes
Title 15 - Probate, Trusts, and Fiduciaries
Colorado Probate Code
Article 11 - Intestate Succession and Wills
Part 2 - Elective-Share of Surviving Spouse
§ 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 spouseThe percentage is:
were married to each other:
Less than 1 yearSupplemental amount only.
1year but less than 2 years10%
2years but less than 3 years20%
3years but less than 4 years30%
4years but less than 5 years40%
5years but less than 6 years50%
6years but less than 7 years60%
7years but less than 8 years70%
8years but less than 9 years80%
9years but less than 10 years90%
10 years or more100%

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