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2020 Colorado Revised Statutes
Title 15 - Probate, Trusts, And Fiduciaries
Article 11. Intestate Succession and Wills

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Editor's note: Articles 10 to 17 of this title were repealed and reenacted in 1973, and parts 1 to 9 of this article were subsequently repealed and reenacted in 1994, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to parts 1 to 9 of this article prior to 1994, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor's note immediately preceding article 10 of this title. Former C.R.S. section numbers prior to 1994 are shown in editor's notes following those sections that were relocated. For a detailed comparison of parts 1 to 9 of this article for 1994, see the comparative tables located in the back of the index.

Law reviews: For article, "Highlights of the Uniform Probate Code, Article II", see 23 Colo. Law. 2279 (1994).


PART 1 INTESTATE SUCCESSION PART 2 ELECTIVE-SHARE OF SURVIVING SPOUSE

Editor's note: This part 2 was numbered as article 2 of chapter 153, C.R.S. 1963. It was repealed and reenacted in 1973 and 1994 and was subsequently repealed and reenacted in 2014, resulting in the addition, relocation, or elimination of sections as well as subject matter. For amendments to this part 2 prior to 2014, consult the 2013 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Former C.R.S. section numbers prior to 2014 are shown in editor's notes following those sections that were relocated.

Cross references: For clarification of the term "surviving spouse", see § 15-11-802; for the "Uniform Premarital and Marital Agreements Act", see part 3 of article 2 of title 14.

Law reviews: For article, "The Surviving Spouse Elective Share and the Augmented Estate", see 17 Colo. Law. 1985 (1988); for article, "Working with the New Augmented Estate", see 24 Colo. Law. 2337 (1995); for article, "Substitutes for Marital Agreements in Elective Share Planning The Surviving Spouse Incentive Trust and Source Stripping", see 44 Colo. Law. 57 (Dec. 2015); for article, "Estate Planning Tools for Second Marriages", see 45 Colo. Law. 45 (Dec. 2016).

PART 3 SPOUSE AND CHILDREN UNPROVIDED FOR IN WILLS

Cross references: For clarification of the term "surviving spouse", see § 15-11-802.

PART 4 EXEMPT PROPERTY AND ALLOWANCES

Cross references: For clarification of the term "surviving spouse", see § 15-11-802.

Law reviews: For article, "Estate Planning Tools for Second Marriages", see 45 Colo. Law. 45 (Dec. 2016).

  1. Applicable law. This part 4 applies to the estate of a decedent who dies domiciled in this state. Rights to exempt property and a family allowance for a decedent who dies not domiciled in this state are governed by the law of the decedent's domicile at death.

Source: L. 94: Entire part R&RE, p. 995, § 3, effective July 1, 1995. L. 96: Entire section amended, p. 657, § 5, effective July 1.

  1. Homestead. The provisions of sections 38-41-201 and 38-41-204, C.R.S., provide for a homestead exemption but shall not create an allowance for the surviving spouse or minor children. A personal representative's obligation to distribute property as an exempt property allowance under section 15-11-403, to pay money as a family allowance under section 15-11-404, or to distribute property to devisees, heirs, or beneficiaries shall not be considered a debt, contract, or civil obligation, as referred to under sections 38-41-201 and 38-41-202, C.R.S.

Source: L. 94: Entire part R&RE, p. 995, § 3, effective July 1, 1995.

  1. Exempt property. (1) (a) Prior to January 1, 2012, the decedent's surviving spouse is entitled to exempt property from the estate in the form of cash in the amount of or other property of the estate in the value of twenty-six thousand dollars in excess of any security interests therein. If there is no surviving spouse, the decedent's dependent children are entitled jointly to the same exempt property. Rights to exempt property have priority over all claims against the estate, except claims for the costs and expenses of administration, and reasonable funeral and burial, interment, or cremation expenses, which shall be paid in the priority and manner set forth in section 15-12-805. The right to exempt property shall abate as necessary to permit payment of the family allowance. These rights are in addition to any benefit or share passing to the surviving spouse or dependent children by the decedent's will, unless otherwise provided, by intestate succession, or by way of elective-share.

  1. On and after January 1, 2012, the decedent's surviving spouse is entitled to exemptproperty from the estate in the form of cash in the amount of or other property of the estate in the value of thirty thousand dollars in excess of any security interests therein. If there is no surviving spouse, the decedent's dependent children are entitled jointly to the same exempt property. Rights to exempt property have priority over all claims against the estate, except claims for the costs and expenses of administration, and reasonable funeral and burial, interment, or cremation expenses, which shall be paid in the priority and manner set forth in section 15-12-805. The right to exempt property shall abate as necessary to permit payment of the family allowance. These rights are in addition to any benefit or share passing to the surviving spouse or dependent children by the decedent's will, unless otherwise provided, by intestate succession, or by way of elective-share.

(2) The dollar amount stated in paragraph (a) or (b) of subsection (1) of this section shall be increased or decreased based on the cost of living adjustment as calculated and specified in section 15-10-112; except that, when the increase in the dollar amount stated in paragraph (b) of subsection (1) of this section, as enacted in Senate Bill 11-016, enacted in 2011, takes effect, the next regularly scheduled cost of living adjustment will be suspended for one year.

Source: L. 94: Entire part R&RE, p. 995, § 3, effective July 1, 1995. L. 96: Entire section amended, p. 657, § 6, effective July 1. L. 2002: Entire section amended, p. 652, § 5, effective July 1. L. 2009: Entire section amended, (HB 09-1287), ch. 310, p. 1682, § 10, effective July 1, 2010. L. 2011: Entire section amended, (SB 11-016), ch. 77, p. 211, § 1, effective August 10.

Editor's note: This section is similar to former § 15-11-402 as it existed prior to 1995.

Cross references: For provisions relating to the time of taking effect or the provisions for transition of this code, see § 15-17-101.

PART 5 WILLS AND WILL CONTRACTS AND CUSTODY AND DEPOSIT OF WILLS

  1. Who may make a will. An individual eighteen or more years of age who is of sound mind may make a will.

Source: L. 94: Entire part R&RE, p. 997, § 3, effective July 1, 1995.

Editor's note: This section is similar to former § 15-11-501 as it existed prior to 1995.

  1. Execution - witnessed or notarized wills - holographic wills. (1) Except as otherwise provided in subsection (2) of this section and in sections 15-11-503, 15-11-506, and 15-11-513, a will shall be: (a) In writing;

(b) Signed by the testator, or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and (c) Either:

  1. Signed by at least two individuals, either prior to or after the testator's death, each ofwhom signed within a reasonable time after he or she witnessed either the testator's signing of the will as described in paragraph (b) of this subsection (1) or the testator's acknowledgment of that signature or acknowledgment of the will; or

  2. Acknowledged by the testator before a notary public or other individual authorizedby law to take acknowledgments.

  1. A will that does not comply with subsection (1) of this section is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting.

  2. Intent that the document constitute the testator's will can be established by extrinsicevidence, including, for holographic wills, portions of the document that are not in the testator's handwriting.

  3. For purposes of this section, "conscious presence" requires physical proximity to thetestator but not necessarily within testator's line of sight.

  4. For purposes of this part 5, "will" does not include a designated beneficiary agreement that is executed pursuant to article 22 of this title.

Source: L. 94: Entire part R&RE, p. 997, § 3, effective July 1, 1995. L. 2001: (1)(c) amended, p. 886, § 1, effective June 1. L. 2009: (1) amended, (HB 09-1287), ch. 310, p. 1683, § 12, effective July 1, 2010. L. 2010: (5) added, (SB 10-199), ch. 374, p. 1750, § 9, effective July 1.

Editor's note: This section is similar to former §§ 15-11-502 and 15-11-503 as they existed prior to 1995.

Cross references: For provisions relating to the time of taking effect or the provisions for transition of this code, see § 15-17-101.

PART 6 RULES OF CONSTRUCTION APPLICABLE ONLY TO WILLS PART 7 RULES OF CONSTRUCTION APPLICABLE TO WILLS AND OTHER GOVERNING INSTRUMENTS PART 8 GENERAL PROVISIONS CONCERNING PROBATE AND NONPROBATE TRANSFERS PART 9 HONORARY TRUSTS; TRUSTS FOR PETS PART 10 INTERNATIONAL WILLS

Law reviews: For article, "Foreign Jurisdiction Property Interests -- the Case for Multiple Wills", see 18 Colo. Law. 1519 (1989).

PART 11 COLORADO STATUTORY RULE AGAINST PERPETUITIES ACT

Law reviews: For article, "Colorado Revisits the Rule Against Perpetuities", see 35 Colo. Law. 75 (Nov. 2006); for article, "Forever is an Awfully Long Time: Affordable Housing Covenants in Colorado (Part II)", see 48 Colo. Law. 44 (Aug.-Sept. 2019).

  1. Short title. This part 11 shall be known and may be cited as the "Colorado Statutory Rule Against Perpetuities Act".

Source: L. 91: Entire part added, p. 1445, § 9, effective May 31.

  1. Statutory rule against perpetuities - applicability - repeal. (Repealed)

Source: L. 91: Entire part added, p. 1445, § 9, effective May 31. L. 2001: (1) amended,

p. 888, § 4, effective June 1. L. 2006: (6) and (7) added, p. 377, § 7, effective July 1.

Editor's note: Subsection (7) provided for the repeal of this section, effective July 1, 2008. (See L. 2006, p. 377.)

PART 12 UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT
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