Source: L. 2014: Entire part R&RE, (HB 14-1322), ch. 296, p. 1220, § 2, effective August 6.
Editor's note: This section is similar to former § 15-11-202 (1) as it existed prior to 2014.
Cross references: For provisions relating to the time of taking effect or the provisions for transition of this code, see § 15-17-101.
COMMENT
Pre-1990 Provision. The pre-1990 provisions granted the surviving spouse a one-third share of the augmented estate. The one-third fraction was largely a carry over from common-law dower, under which a surviving widow had a one-third interest for life in her deceased husband's land.
Purpose and Scope of Revisions. The revision of this section is the first step in the overall plan of implementing a partnership or marital-sharing theory of marriage, with a support theory back-up.
Historical Note. This Comment was revised in 2008.
Structure Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
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
§ 15-11-204. Decedent's Net Probate Estate
§ 15-11-205. Decedent's Nonprobate Transfers to Others
§ 15-11-206. Decedent's Nonprobate Transfers to the Surviving Spouse
§ 15-11-207. Surviving Spouse's Property and Nonprobate Transfers to Others
§ 15-11-208. Exclusions, Valuations, and Overlapping Application
§ 15-11-209. Sources From Which Elective-Share Payable
§ 15-11-210. Personal Liability of Recipients
§ 15-11-211. Proceeding for Elective-Share - Time Limit
§ 15-11-212. Right of Election Personal to Surviving Spouse - Incapacitated Surviving Spouse