Colorado Code
Part 2 - Elective-Share of Surviving Spouse
§ 15-11-202. Elective-Share

Source: L. 2014: Entire part R&RE, (HB 14-1322), ch. 296, p. 1222, § 2, effective August 6.
Editor's note: This section is similar to former § 15-11-201 as it existed prior to 2014.
Subsection (b). Subsection (b) implements the support theory of the elective share by providing a $75,000 supplemental elective-share amount, in case the surviving spouse's assets and other entitlements are below this figure.
2008 Cost-of-Living Adjustments. As originally promulgated in 1990, the dollar amount in subsection (b) was $50,000. To adjust for inflation, this amount was increased in 2008 to $75,000. The dollar amount in this subsection is subject to annual cost-of-living adjustments under Section 1-109.
Subsection (c). The homestead, exempt property, and family allowances provided by Article II, Part 4, are not charged to the electing spouse as a part of the elective share. Consequently, these allowances may be distributed from the probate estate without reference to whether an elective share right is asserted.
Historical Note. This Comment was revised in 2008.

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