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Spousal Elective Share Law in Colorado

In Colorado, a surviving spouse can elect 50% of the marital-property portion of the augmented estate (which grows by 10% per year of marriage, reaching 100% after 10 years), by petition within 9 months after death or 6 months after the will is probated, whichever is later.

Last checked . General information, not legal advice.

Colorado at a glance

Elective share
50% of marital-property portion of augmented estate
The marital-property portion rises from 10% after 1 year of marriage to 100% after 10 years. A $50,000 supplemental amount can apply.
Deadline to elect
9 months after death or 6 months after will probate, if later
A petition to extend can be filed within 9 months after death.
Community property state
No
Not on the IRS list of community property states.

Sources

Last checked

The rules in Colorado

How much can a surviving spouse claim in Colorado if left out of the will?

Elective share in Colorado: 50% of marital-property portion of augmented estate. The marital-property portion rises from 10% after 1 year of marriage to 100% after 10 years. A $50,000 supplemental amount can apply.

What is the deadline to claim the elective share in Colorado?

Deadline to elect in Colorado: 9 months after death or 6 months after will probate, if later. A petition to extend can be filed within 9 months after death.

Is Colorado a community property state?

No. Community property state in Colorado: no. Not on the IRS list of community property states.

Where do the Colorado spousal elective share laws come from?

The rules above come from Colo. Rev. Stat. 15-11-202, Colo. Rev. Stat. 15-11-203 and Colo. Rev. Stat. 15-11-211. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.