Colorado Code
Part 2 - Elective-Share of Surviving Spouse
§ 15-11-203. Composition of the Marital-Property Portion of the Augmented Estate

If the decedent and the spouse The percentage is: were married to each other: Less than 1 year Supplemental amount only. 1 year but less than 2 years 10% 2 years but less than 3 years 20% 3 years but less than 4 years 30% 4 years but less than 5 years 40% 5 years but less than 6 years 50% 6 years but less than 7 years 60% 7 years but less than 8 years 70% 8 years but less than 9 years 80% 9 years but less than 10 years 90% 10 years or more 100%
Source: L. 2014: Entire part R&RE, (HB 14-1322), ch. 296, p. 1223, § 2, effective August 6.
Editor's note: This section is similar to former § 15-11-201 (1) as it existed prior to 2014.
Subsection (a). Subsection (a) implements the partnership theory by providing that the elective-share amount is 50 percent of the value of the marital-property portion of the augmented estate. The augmented estate is defined in Section 2-203(a) and the marital-property portion of the augmented estate is defined in Section 2-203(b).
Cross Reference. To have the right to an elective share under subsection (a), the decedent's spouse must survive the decedent. Under Section 2-702(a), the requirement of survivorship is satisfied only if it can be established that the spouse survived the decedent by 120 hours.
Historical Note. This Comment was revised in 2008.

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