CO risk area
Complexity triggers in Colorado
Scenarios that increase estate risk, such as blended families or multi-state property.
Colorado uses an elective share based on the augmented estate and provides statutory allowances that can change how assets are divided.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- A surviving spouse may elect to take a share calculated from the augmented estate.
- Exempt property and family allowance benefits can be awarded to a spouse or children and are treated separately from other distributions.
Questions to consider
Questions this risk area helps you evaluate in Colorado
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
Colorado uses an elective share based on the augmented estate and provides statutory allowances that can change how assets are divided.
- A surviving spouse may elect to take a share calculated from the augmented estate.
- Exempt property and family allowance benefits can be awarded to a spouse or children and are treated separately from other distributions.
Sources
- https://colorado.public.law/statutes/crs_15-11-202
- https://colorado.public.law/statutes/crs_15-11-403
- https://colorado.public.law/statutes/crs_15-11-404
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in Colorado.